Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, NOVEMBER 9, 1999 No. 157 House of Representatives The House met at 10 a.m.

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H11707

VerDate 29-OCT-99 01:08 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A09NO7.000 pfrm02 PsN: H09PT1 H11708 CONGRESSIONAL RECORD — HOUSE November 9, 1999 MORNING HOUR DEBATES tribunal in Geneva to overturn the U.S. Mr. Speaker, just look at this blowup The SPEAKER. Pursuant to the law. Companies that profit from prod- of this price list taken from this order of the House of January 19, 1999, ucts made from child labor would be chilling magazine article from someone the Chair will now recognize Members expected to lobby countries to bring in this awful business. A liver, $150, but from lists submitted by the majority such a case. It is possible that compa- it can be gotten for $125 if it is from a and minority leaders for morning hour nies would be able to bring such a case younger baby, or one can get a 30 per- debates. The Chair will alternate rec- themselves, without persuading a coun- cent discount if it is significantly frag- ognition between the parties, with each try government to do so, if the WTO is mented; a spleen, $75; pancreas, $100; a party limited to not to exceed 25 min- expanded some more. If a WTO panel of thymus, $100. Look at this, a brain, $999. Notice utes, and each Member except the ma- trade bureaucrats ruled that any child labor ban violated the WTO, the U.S. they even use marketing techniques in jority leader, the minority leader or would have to repeal the law or pay this gruesome business, selling it for $1 the minority whip limited to not to ex- damages. less than a thousand dollars to make ceed 5 minutes, but in no event shall According to the Congressional Re- it, I guess, a more attractive purchase. debate continue beyond 9:50 a.m. search Service, that is just what the Again, if it is fragmented, what a ter- The Chair recognizes the gentleman WTO tribunal would rule. rible way to describe a baby’s injured from Ohio (Mr. KUCINICH) for 4 minutes. So when the World Trade agreement brain from abortion, one can get a 30 f was negotiated, we gave away the percent discount; almost like step United States’ greatest negotiating le- right up, ladies and gentlemen. A WHAT IS THE WTO? verage, access to the U.S. market, to baby’s ear, $75; eyes, $75 for a pair, $40 Mr. KUCINICH. Mr. Speaker, with all improve the rights and living standards for one; skin, $100; the spinal cord, $325. the talk about the meeting of the WTO of workers in the U.S. and around the Mr. Speaker, I wish this price list in Seattle, it is worth answering the world. The U.S. has basically unilater- were a cruel Halloween hoax, but it is question, what is the WTO? The World ally ceded this. not. It is a price list for human body Trade Organization, the Uruguay In the next few weeks, trade min- parts from aborted babies, in America. Round of the GATT, General Agree- isters from many of the world’s coun- This is not Nazi, Germany. ment on Tariffs and Trade, is a broad- tries will be meeting in Seattle to dis- Mr. Speaker, I urge my colleagues to ranging set of international trade rules cuss how to expand the WTO. The U.S. support this resolution calling for over- that, number one, imposes obligations is sending many negotiators, but will sight hearings. on foreign countries that are beneficial they be bargaining for what we need? f What we need, what the working people to U.S. multinational companies and, THE WTO NEEDS A MAJOR OVER- in the United States and overseas need, number two, it imposes obligations on HAUL, AND THE UNITED STATES is to renegotiate the WTO before any the Federal and State governments HAS AN OPPORTUNITY TO DO IT that place tight limitations on Con- expansion occurs. We need to place gress and the State legislatures that limitations on the WTO. We need to ex- The SPEAKER pro tempore. Under are beneficial to foreign multinational plicitly enable the United States and the Speaker’s announced policy of Jan- companies. other countries to prohibit import of uary 19, 1999, the gentleman from Or- The WTO makes the world the oyster products made with child and forced egon (Mr. DEFAZIO) is recognized during morning hour debates for 4 min- of large multinational businesses, be- labor. utes. cause the WTO takes away the inabil- We need to be able to use the lever- Mr. DEFAZIO. Mr. Speaker, the gen- ity of national governments to set the age of access to the U.S. market and other markets to guarantee the rights tleman from Ohio (Mr. KUCINICH), who laws of their countries. National gov- preceded me, talked a little bit about ernments, including the United States, of workers to organize into unions and bargain collectively; to be protected by the upcoming meeting of the World lose the ability to pass laws affecting Trade Organization, and I would like to the import of products that are dan- workplace safety and right-to-know standards that are minimally equiva- follow up on that. gerous or that are made where there It was Renato Ruggiero, the former are no worker protections, child labor lent to current U.S. standards; and to benefit from legal minimum wage lev- director general of the World Trade Or- prohibitions, minimum wage standards ganization, who said, and I quote, we or where workers are deprived of the els. We need the WTO to be limited to are writing the Constitution of a new right to organize into unions and bar- improve conditions for workers in the world government, end quote. gain collectively. U.S. and around the world. American Well, they left out a few things when Even if the import of those products workers would benefit. They would they wrote that new constitution. They would put U.S. workers out of work or have less reason to be pressured into left out consumer rights and protec- would endanger consumers or the envi- abandoning efforts to improve wages tions. They left out labor rights. They ronment, the WTO says no. and conditions by employer threats to left out environmental rights and pro- At the current time, there is a WTO move plants and equipment to the tections. panel hearing arguments against Third World. The United States has a tremendous France’s ban on asbestos, a proven car- f opportunity, in hosting the beginning cinogen in humans and a substantial of the next round of negotiations at the workplace danger. SELLING ABORTED BABY PARTS, World Trade Organization, to initiate a According to the Congressional Re- WHAT HAS THE UNITED STATES major overhaul of this horribly flawed search Service, legislation passed in COME TO? agreement and drag it kicking and the U.S. Congress to ban imports of The SPEAKER pro tempore (Mr. screaming into at least the late 20th products made with child labor, quote, OSE). Under the Speaker’s announced Century. would be inconsistent with GATT arti- policy of January 19, 1999, the gen- Labor rights, well there seems to be cles, unquote. In other words, the WTO tleman from Pennsylvania (Mr. PITTS) agreement on labor rights. The Presi- would not permit Congress to ban prod- is recognized during morning hour de- dent has admitted that perhaps the ucts made with child labor. bates for 2 minutes. nonbinding, face-saving, political butt- So here is the imbalance: The WTO Mr. PITTS. Mr. Speaker, I rise today covering side agreements on labor and permits measures that make it easier in support of House Resolution 350, a the environment, which were not bind- for large companies to locate anywhere resolution which addresses the horrible ing, which helped push NAFTA through in the world but the WTO forbids a practice developing in America of traf- this organization here, the House of country from banning a product made ficking in baby body parts for mone- Representatives, gave enough people with child labor. tary reimbursement. Abortion clinics political cover, will not be enough in What would happen if the U.S. passed are selling dead, unborn babies, or the future for trade agreements and, if a law that banned the import of prod- parts of them, to middlemen. These called, he and the vice president, for ucts made with child labor? Any one of middlemen, in turn, are selling them to labor agreements to be core labor pro- the 131 member countries could seek a researchers. tections, to be core to any future

VerDate 29-OCT-99 01:08 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.001 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11709 agreement, the only problem is, their We have a tremendous opportunity as of wildlife, and generated tons of employee, the special trade representa- the United States of America to lead, smoke. In addition, the American tax- tive, Charlene Barshefsky, does not and maybe we have to get rid of Ms. payers have paid close to $100 million seem to share their views. Barshefsky to do that. to fight these fires. When pressed in a press conference f However, the Forest Service has re- last week to expand upon what is the jected this plan and has scaled it back United States talking about here, they QUINCY LIBRARY GROUP AND to the point that it is almost meaning- cannot be serious about putting labor FOREST HEALTH less, perhaps hoping the fire risks will protections into an international trade The SPEAKER pro tempore. Under somehow go away, despite the fact that agreement, by God, then what would the Speaker’s announced policy of Jan- the risk of catastrophic fire across the capital do? How could it run around uary 19, 1999, the gentleman from Cali- West is increasing. the world looking for the most ex- fornia (Mr. HERGER) is recognized dur- The agency proposes to lock up our ploited sources of labor? ing morning hour debates for 5 min- choked, fire-prone forests and allow She said, quote, this is not a negoti- utes. prescribed fires to achieve its so-called ating group. It is an analytic working Mr. HERGER. Mr. Speaker, we have forest management goals, even though group designed to draw upon the exper- a forest health crisis in this country this policy causes serious air pollution tise of other multilateral institutions and the Clinton-Gore administration’s and poses a very real risk that a burn in order to answer a series of analytic current do-nothing policies are utterly will get out of control, as it has on a points. failing to address it. A government re- number of occasions. Now, that does not sound an awful port released in April states that ap- To add to this outrage, Mr. Speaker, lot like labor protections. It does not proximately 39 million acres of our the administration recently proposed sound like it will get us to the point western national forests are at ex- to lock up an additional 40 to 50 mil- made by the previous gentleman from tremely high risk of catastrophic fire. lion more acres of national forests, pre- Ohio (Mr. KUCINICH), stopping traf- Alarmingly, this same report indi- venting the very management strate- ficking in goods produced by forced cates that the Forest Service has failed gies that our fire experts are telling us child labor around the world. No, that to advance a cohesive strategy to treat we absolutely must take. is a little too far for the World Trade this 39 million acres at risk, despite This attempt to shut down access to Organization, and if Ms. Barshefsky the fact that the window of oppor- the public’s forest lands is too much has her way, it will be too far for the tunity for taking effective manage- about what special interest groups de- United States of America to go. That is ment action is only about 10 to 25 years mand and too little of what their own pathetic. before catastrophic wild fires become elected government and science rec- She goes on to say, the issue of sanc- widespread. ommends. tions is nowhere in this proposal and it Last year, Congress passed historic This Clinton-Gore administration has is certainly not on the table, and then legislation that was intended to pro- needlessly put our lives and property she goes on in another much longer vide the Forest Service a tool with at risk in a selfish attempt to create an quote I do not have time to give, to say which to proactively address and com- environmental legacy. The reality of that this analytical look at labor pro- bat this forest health crisis. our forest health crisis is that more, tections will lead everybody to the con- The bipartisan Herger-Feinstein clusion that the best way to bring up not less, of our forests must be avail- Quincy Library Group Forest Recovery able for pursuing forest management labor standards around the world is not Act, which passed last Congress by an to have any; sort of like the theory of strategies. overwhelming margin of 429-to-1, man- the Republicans here in Congress. If we We must begin to take proactive dated a project to manage our forests did not have a minimum wage the mar- steps before catastrophic fires become for health and safety, while providing ket would set one and it would be good more widespread. The forest service for a responsible, ecologically sound for everybody. and this administration have refused to Well, maybe not the people who earn level of harvesting to benefit local respond and have neglected congres- the minimum wage or just above it, economies. sional attempts to address the crisis. but it would be good for the employers. The Forest Service was assigned the They appear ready to serve special in- The same thing with the World Trade responsibility of carrying out this spe- terest environmental politics until Organization and Carlene Barshefsky. cific plan, but made several last well after the election. They want to say the market will bring minute additions to the environmental Regrettably, forest fires are not that about in the future some sort of labor analysis that have drastically tilted patient. protections without these horrible dic- the bipartisan balance that this Con- Mr. Speaker, our forests and our tates. gress struck in the law and the Quincy communities are at risk and we intend In fact, they are undermining our Group struck in its plan. to do everything possible to hold this own laws here in the United States These changes, based on a combina- administration accountable for its neg- with the World Trade Organization, a tion of bad science and special interest ligence. little secretive body of 3 people who are politics, will prevent treatment on al- f exempt from conflict of interest, ex- most all of the 21⁄2 million acres to be A LIVABLE COMMUNITY IS ONE empt from public disclosure, make protected from catastrophic fire under WHERE FAMILIES ARE SAFE, binding decisions on trade disputes. the original plan. The decision was The U.S. has lost a number of trade made behind closed doors, without pub- HEALTHY AND ECONOMICALLY disputes on environmental issues over lic input. SECURE the last few years, but they have won Mr. Speaker, the Forest Service has The SPEAKER pro tempore. Under one big one. taken it upon itself to circumvent a the Speaker’s announced policy of Jan- We are going to force the Europeans law that this Congress passed almost uary 19, 1999, the gentleman from Or- to take hormone-laced beef. By God, unanimously. The Quincy plan pre- egon (Mr. BLUMENAUER) is recognized that is a big victory for the U.S. and we sented us with an opportunity to during morning hour debates for 5 min- should have more of this. We do not proactively prevent the very type of utes. want to reform this organization. We catastrophic forest and wildland fires Mr. BLUMENAUER. Mr. Speaker, a do not want transparency and doing that have ripped through 5 counties in livable community is one where fami- away with conflict of interest rules. We my district in Northern California in lies are safe, healthy and economically do not want any system of juris pru- the past 8 weeks, tragically taking two secure. While much attention is given dence the American people can under- human lives. to the damage that unplanned growth stand. We do not want to allow envi- These fires have also burned more can have to the physical environment, ronmental groups or labor groups to in- than 250,000 acres of public and private the physical blight, traffic congestion, tervene and mess up the decision-mak- property, destroyed more than 100 loss of open space, wildlife habitat, it is ing process of the World Trade Organi- homes, eliminated thousands of acres clear that a community that is not liv- zation. of wildlife habitat and various species able can also have direct impacts on

VerDate 29-OCT-99 01:08 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.003 pfrm02 PsN: H09PT1 H11710 CONGRESSIONAL RECORD — HOUSE November 9, 1999 the physical and psychological health gia has the worst problem than the rest legislative body that is nonpartisan, of families as well. of the South. our State legislature of Nebraska, so I Just this week, the South Coast Air It is interesting that the researcher find the degree of partisanship here in Quality Management District in South- placed part of the blame on the prob- the Congress to be very unusual and ern California released a report docu- lems that metropolitan Atlanta is fac- not productive. However, I would have menting the danger to people breathing ing as the community has become less to say this, Mr. Speaker, to the Presi- the toxic air that is concentrated near and less livable. The skyrocketing obe- dent, when national security advisors southern California’s congested free- sity rates coincide exactly with the ex- and secretaries of defense of both par- ways. This danger has increased the plosion of unplanned growth around ties from past administrations are crit- risk of cancer. People today are in- metropolitan Atlanta which some ical of the proposed treaty and suggest creasingly concerned about the soaring claim is the highest growth rate in his- that it should not be ratified in its cur- rates of asthma among our children tory. rent form, then I think it is inappro- which clearly appears related to the Dr. William Deats, one of the study’s priate for this administration and for toxins we are putting into the air. co-authors, points out that the time in this President to label any opponents Recently, there was an article that I the car encourages not just more fast of the treaty as isolationists. found amusing in the Washington Post, food, it eats into the time for exercise. This use of the isolationist label con- about how some people really enjoy the Others have noticed that Atlanta’s un- tributes further to something that the real long commute. It helps them cen- planned growth has shortchanged the National Journal perpetrated a few ter themselves and prepare for a long opportunities for outdoor exercise. It is weeks ago when their cover story sug- day. not a walkable community. Sidewalks gested that Republicans, particularly I suppose that may be true for some, do not lead anywhere and even if peo- those in the House of Representatives, but when the average American spends ple had the time and a place to exer- were isolationists. more than 50 work days a year trapped cise, the increasingly bad air makes I have to say to my colleagues, that behind the wheel of a car, just getting the benefits of exercise problematic. yes, there are people that I suppose to and from their occupation, and when It is important for us to reflect on could properly be labeled isolationists we have lost 43 more hours in the last why the political landscape is being in- on the Republican side of the aisle and 5 years to commuting, there are direct fluenced by the discussion of livable some whose actions I certainly do not implications. I would venture that for communities and why it is such a approve of in terms of their impact on a much larger number the commute to major issue. It seems at some level the foreign policy, but I would have to say work is not the highlight of their day. American public understands that also, Mr. Speaker, to the President and The National Sleep Foundation has their health, both emotional and phys- to the Administration, that when it reported that the 158 hours added to ical, of the family, the ability to be fit, comes to isolationism, he may look to the yearly work commutes since 1969 reduce stress, adequate sleep and for his own party, particularly in the have been subtracted from the time the family to live together is one of the House. many Americans sleep. Carol first casualties if a community is not It is, after all, Democrats who were Rodriguez, director of the Institute of livable. only willing to give 20 percent of their Stress Medicine in Norwalk, Con- I strongly urge my colleagues to join votes to fast track authority for trade necticut, observed that people with with me in making sure that this ses- agreements to their own President. lengthy commutes often exhibit signs sion of Congress does its job for the This is the first President, since we of stress in the workplace. Federal Government to be a better began the process of fast-track, since Marriage and family counselors in partner in maintaining and enhancing President Ford, who has been denied the Bay Area see patients struggling the livability of American commu- fast track authority to negotiate bilat- with the increased demands and stress nities. eral and multilateral trade agree- placed upon them from their longer f ments. Only 20 percent of the members work commutes. This struggle is mani- on the Democratic side of the aisle festing itself in family problems and REPUBLICANS ARE NOT were willing to support that. At least even divorce. It has been noted that di- ISOLATIONISTS 80 percent on the Republican side were vorce itself is no longer a reliever to The SPEAKER pro tempore. Under willing to vote for fast-track authority the stress of long commutes and sepa- the Speaker’s announced policy of Jan- for President Clinton by whip counts ration because often, after a family uary 19, 1999, the gentleman from Ne- conducted by the two respective par- breaks up, the difficulties of two house- braska (Mr. BEREUTER) is recognized ties. holds in coordinating the needs of chil- during morning hour debates for 5 min- I would also say this goes on top of dren and employment are usually utes. the fact that the major opposition to greater in terms of time and miles Mr. BEREUTER. Mr. Speaker, I have the Africa trade bill and to the Carib- driven to hold things together. not participated in morning hour be- bean trade bill came from the Demo- The job-related problems where em- fore but sometimes we hear things in cratic side of the aisle; there were more ployers increasingly, in congested com- the news that just cause us to be so votes on the Republican side of the munities, never seem to know when upset we come to the floor, and that is aisle for fast-track in both Houses. their employees are going to show up, what I am doing here today. I also think it is important that we seems tame by comparison. President Clinton, Mr. Speaker, made look at what happened last April, when One of the most interesting develop- an address to Georgetown University Premier Zhu Rongji came here from ments may be found in a report from yesterday and some people say it was the People’s Republic of China with a the Center for Disease Control and pre- an extension of an olive branch to Re- commercially viable trade agreement vention on increasing obesity rates in publicans who he had labeled as isola- for accession to the WTO. Everyone the United States. Rates have been in- tionists and who he criticized for par- was shocked with the fact that this Ad- creasing since 1991 all across America, tisanship when the other body refused ministration rejected it. As I under- but there was particular concern about to approve a comprehensive test ban stand it, all of the President’s primary an increase of over 101 percent in Geor- treaty. substantive advisors suggested he gia. I welcome his initiative but I would should seize the moment and agree to In 1991, when the study began, metro- like to set the record straight here what was a much more beneficial politan Atlanta had one of the lowest today and raise a few questions that re- agreement from the United States obesity rates. What is the reason for late to some of my Democratic col- point of view than we had expected. His the increase? Some blame the tradi- leagues, too. political advisors said, no, do not do tional southern diet, which it is true is I have tried to provide bipartisan this, Mr. President. often high in fat, but the South’s diet leadership in the House Committee on Now, there are many suggestions is not that much different than the International Relations. Indeed the that this is because of the relationship rest of the country today. In any case, gentleman from Nebraska (Mr. BAR- and controversy related to alleged Chi- it certainly does not explain why Geor- RETT) and I come from the only state nese campaign contributions to the

VerDate 29-OCT-99 00:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.005 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11711 WTO was not a Republican one. on Ways and Means is insisting that rights? Do we believe that a totali- Just a few minutes ago, one of our the U.S. trade rep ensure that devel- tarian government which kills thou- colleagues from Oregon (Mr. DEFAZIO) oping countries require that we protect sands of its own people in slave labor suggesting his great concerns about property rights but not human rights, camps and then sells their organs is the WTO and was very critical of his not labor standards, not environmental ever going to let the WTO implement own Administration. I would say to the rights. any sort of framework to protect the National Journal, when they do an ar- At the same time, Mr. Speaker, rights of workers? ticle like that cover story on Repub- Trade Ambassador Charlene Barshef- Mr. Speaker, we should stand strong lican isolationism perhaps they ought sky, an unelected official who never against the accession of China to the to be a little bit more careful that they seems to miss an opportunity to pub- are doing it competently and that they licly diminish the importance of labor WTO. are not doing it with bias. rights, was supposed to meet with some I was also very concerned, Mr. Speak- of us here in the House last night and f er, when I saw some comments by Na- explain whether or not the administra- tional Security Advisor Sandy Berger tion really plans to push for stronger ANTIDUMPING AND ANTISUBSIDY when the conflict took place in East worker environmental rights in Se- PROVISIONS SHOULD NOT BE NE- Timor. He suggested in a variety of attle. GOTIATED AWAY IN NEW ROUND ways, some things he has retracted, What happened? Did we have a OF WTO others he has not, that we, of course, chance to talk about how Huffy Bicycle could not be involved even in assisting has closed its last American plant be- The SPEAKER pro tempore. Under the Australians in trying to keep peace cause it cannot compete with cheap the Speaker’s announced policy of Jan- in East Timor because, after all, it was imports from China, a place where try- uary 19, 1999, the gentleman from Indi- not in the center of Europe. ing to form an independent trade union ana (Mr. VISCLOSKY) is recognized dur- Now, if that is not isolationism, at will get one thrown in prison or even ing morning hour debates for 4 min- least it is Eurocentrism, and it is the killed? utes. kind of thing that bothers Asians and Did we have a chance to talk about Mr. VISCLOSKY. Mr. Speaker, I rise Pacific leaders and their citizens, and some of the maquilladora factories in to press my argument that as the new with good cause. Mexico which dump their pollution round of WTO negotiations begin in Se- I urge my colleagues to take a look into the same water that their workers attle later this month, we should sup- at the need to come back for biparti- have to drink? port the administration’s position not sanship in foreign policy and I urge the Did we get a chance to talk about to negotiate away the antidumping and administration, Mr. Speaker, to be why armed guards will not permit inde- antisubsidy provisions of our trade more careful that they do not alienate pendent monitors into the garment fac- laws. some of their best friends for a bipar- tories in El Salvador which ship mil- tisan foreign policy on the Repub- lions of dollars worth of merchandise I would also ask that this House vote licans’ side of the aisle in either House here every year? to support this position by supporting of Congress. No, we did not, and that is because H. Res. 298. f Ambassador Barshefsky and a score of Seattle is the follow-on to the Uru- other American trade bureaucrats were WTO IN SEATTLE guay Round which was completed on heading off to the People’s Republic of April 15, 1994, and signed by ministers The SPEAKER pro tempore. Under China to try to secure a last minute from over 125 countries. Part of this the Speaker’s announced policy of Jan- deal to get China into the World Trade agreement included changes to the uary 19, 1999, the gentleman from Ohio Organization. antidumping laws which had been in- (Mr. BROWN) is recognized during morn- As we speak, U.S. trade bureaucrats cluded in GATT since its original ining hour debates for 4 minutes. are busy coddling the same gang of dic- ception in 1947. In fact, article 6 of the Mr. BROWN of Ohio. Mr. Speaker, tators that are busy arresting, tor- 1947 GATT states very clearly that the many of us have come to this floor of turing and even killing Chinese people contracting parties recognize that the House of Representatives today and that practice Falun Gong, which as far dumping is to be condemned. on previous days for 5 minutes and 1 as I can tell is the same thing as tor- minutes in various speeches to talk turing and killing Christians and Mus- The scope of negotiations at the Se- about asking that the United States lims and any other group of people that attle round discussions of the World not support accession for China to the have spiritual beliefs in that country. Trade Organization were specified dur- World Trade Organization. We are in- So instead of having a real dialogue ing the Uruguay Round. However, some stead insisting that labor standards on whether the Seattle ministerial will countries now are seeking to cir- and environmental standards be ap- have any discussion about human cumvent the agreed list of negotiating plied to our trading partners, the same rights, worker rights, human rights, topics and reopen the debate over the kind of environmental standards and instead of having a chance to hear ex- WTO’s antidumping and antisubsidy labor standards that we follow in this actly what is going to happen in Se- rules. country. If that makes us isolationists, attle, the administration wants to Antidumping duties are assessed on as my friend, the gentleman from Ne- commit this country to a policy that imported merchandise that is sold at braska (Mr. BEREUTER) suggested ear- will continue to hurt workers, a policy less than fair market value. Counter- lier, then so be it. But the fact is that that continues the human rights vailing duties are assessed to reverse those of us that believe in the right abuses, child labor, slave labor, forced the effects of foreign government sub- kinds of labor standards and the right abortions, persecution of Christians sidies to manufacturers. Today, over kinds of environmental standards and Muslims and Falun Gong and all 290 products from 59 countries have around the world want to lift people up kinds of religious minorities in China been found to have been traded in vio- around the world, not continue this that will continue to allow that kind of lation of these international standards. downward spiral on food safety and policy to happen in China. labor standard and environmental We can bet the farm on it. If the Peo- The ability to impose binding tariffs standards that our trading policy ple’s Republic of China accedes to the and apply them equitably to all trading seems to move us towards. World Trade Organization, if this coun- partners is the key to a smooth and Republican leadership last week try’s government supports China acces- liberal flow of trade. Many of my col- wrote a letter to the administration sion to the World Trade Organization, leagues think that this is a steel issue. demanding that our USTR, U.S. trade that is the last we will ever hear about That could not be further from the rep bureaucrats, do not include labor human rights. truth. The experience of the U.S. ce- standards in any of the discussions at Do we really think a totalitarian ment industry indicates that the anti- the World Trade Organization. The Re- government that performs forced abor- dumping law can be an effective rem- publican leadership of the Committee tions is ever going to protect labor edy for unfairly priced imports.

VerDate 29-OCT-99 01:31 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.077 pfrm02 PsN: H09PT1 H11712 CONGRESSIONAL RECORD — HOUSE November 9, 1999 U.S. consumption of cement in- If the American family is under which concurrence of the House is re- creased substantially during the 1983 to siege, is it any wonder that our schools quested: 1989 economic expansion as construc- are becoming battle zones for children S. 923. An act to promote full equality at tion boomed. U.S. cement producers, and teachers? the United Nations for Israel. however, were prevented from bene- Money alone cannot substitute for S. 1398. An act to clarify certain bound- fiting in this growing demand by a the foundation and grounding that par- aries on maps relating to the Coastal Barrier surge of low-priced imports in that 6- ents, grandparents, and families pro- Resources System. year period of time. vide. Every discussion in these halls S. 1809. An act to improve service systems for individuals with developmental disabil- U.S. production capacity declined by must be judged with an eye on how ities, and for other purposes. 10 percent and the number of U.S. goodly are our homes, the homes we S. Con. Res. 30. Concurrent resolution rec- plants decreased from 142 to only 109. help our citizens create. ognizing the sacrifice and dedication of Beginning in 1989, southern cement Our institutions, whether schools or members of America’s nongovernmental or- producers successfully prosecuted anti- houses of worship, are only as strong as ganizations (NGO’s) and private volunteer dumping petitions against imports the families which make up this great organizations (PVO’s) throughout their his- from several countries. The Commerce land. tory and specifically in answer to their cou- Department found dumping margins Today is the anniversary of Kristel rageous response to recent disasters in Cen- for imports from 58 to 64 percent. As a tral America and Kosovo. Nacht, the night of the broken glass, S. Con. Res. 68. Concurrent resolution ex- result of these measures, cement pro- when darkness descended upon Nazi pressing the sense of Congress on the occa- ducers began their recovery process in Germany and thousands of synagogues sion of the 10th anniversary of historic our country. were set on fire. events in Central and Eastern Europe, par- Another example often cited is that Our institutions and the future of our ticularly the Velvet Revolution in Czecho- of the U.S. semiconductor industry in society depends on the families we help slovakia, and reaffirming the bonds of 1986. After foreign dynamic random-ac- support. Amen. friendship and cooperation between the United States and the Czech and Slovak Re- cess memory chips, DRAMs, were f dumped in the United States for 2 publics. years, 7 out of 9 U.S. companies ceased THE JOURNAL f making these chips. The SPEAKER pro tempore. The WELCOMING RABBI JOEL TESSLER After those foreign firms dominated Chair has examined the Journal of the TO THE HOUSE OF REPRESENTA- the world market, they raised the price last day’s proceedings and announces TIVES of DRAMs. The subsequent use of U.S. to the House his approval thereof. (Mr. DEUTSCH asked and was given antidumping laws contributed finally Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 to the revival of the U.S. semicon- nal stands approved. minute.) ductor industry, which in 1993 again f held the number one position in the Mr. DEUTSCH. Mr. Speaker, it is my world. PLEDGE OF ALLEGIANCE pleasure to introduce to the House Given the fact again that there are The SPEAKER pro tempore. Will the Rabbi Tessler from Beth Shalom, Poto- mac, Maryland, who has really wel- 230 cosponsors of House Resolution 298, gentleman from Florida (Mr. DEUTSCH) I would renew my request to the House come forward and lead the House in the comed me into his community. leaders that this measure be brought to Pledge of Allegiance. My family and I recently moved to the floor for a vote. Mr. DEUTSCH led the Pledge of Alle- Potomac and have found a community f giance as follows: rabbi who has been there for 17 years and has made our home a home that we RECESS I pledge allegiance to the Flag of the have been very lucky and blessed to be United States of America, and to the Repub- The SPEAKER pro tempore. Pursu- lic for which it stands, one nation under God, part of. ant to clause 12 of rule I, the Chair de- indivisible, with liberty and justice for all. I wish him many, many years more clares the House in recess until 10 a.m. f in terms of striving to affect not just Accordingly (at 9 o’clock and 38 min- the area in suburban Washington but utes a.m.), the House stood in recess MESSAGE FROM THE SENATE the entire country, in fact, the entire until 10 a.m. A message from the Senate by Mr. world. f Lundregan, one of its clerks, an- f nounced that the Senate had passed b 1000 without amendment bills of the House TENTH ANNIVERSARY OF FALL OF AFTER RECESS of the following titles: BERLIN WALL The recess having expired, the House H.R. 348. An act to authorize the construc- (Mr. GIBBONS asked and was given was called to order by the Speaker pro tion of a monument to honor those who have permission to address the House for 1 tempore (Mr. OSE) at 10 a.m. served the Nation’s civil defense and emer- minute and to revise and extend his re- gency management programs. f marks.) H.R. 915. An act to authorize a cost of liv- Mr. GIBBONS. Mr. Speaker, 10 years PRAYER ing adjustment in the pay of administrative ago, one of the most recognized sym- law judges. bols of the Cold War, the Berlin Wall, Rabbi Joel Tessler, Temple Beth Sha- H.R. 3061. An act to amend the Immigra- lom, Potomac, Maryland, offered the tion and Nationality Act to extend for an ad- was leveled by the hammer of freedom. following prayer: ditional 2 years the period for admission of Today the entire free world commemo- In the Bible, the Prophet Billim is an alien as a nonimmigrant under section rates the 10th anniversary of the fall of hired to curse the Jewish people, the 101(a)(15)(S) of such Act, and to authorize ap- the Berlin Wall. chosen people of God. Try as he might, propriations for the refuge assistance pro- On November 9, 1989, when President God would not place in him the spirit gram under chapter 2 of title IV of the Immi- Ronald Reagan’s belief of peace of condemnation and curse, but envel- gration and Nationality Act. through strength prevailed as dem- oped him in true understanding with The message also announced that the onstrators from East Germany began purity and love. Senate had passed with an amendment to tear down the wall, thus signifying Billim uttered these famous words in which the concurrence of the House the beginning of the end of one of the which were said as a person enters the is requested, a bill of the House of the most oppressive and vicious regimes in synagogue: ‘‘How goodly are your following title: history. homes of Jacob, your institutions of H.R. 2724. An act to make technical correc- While the final collapse of Com- Israel?’’ tions to the Water Resources Development munism in the former Soviet Union oc- Why do we praise our homes when we Act of 1999. curred shortly after President Reagan enter the synagogue? The Lord taught The message also announced that the left office, history shows that it was Billim that our institutions are only as Senate has passed bills and concurrent his bold vision and courageous actions strong as our homes. resolutions of the following titles in that led to this historic event.

VerDate 29-OCT-99 01:08 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.007 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11713 Ten years later, the world can still minder that America will remain the So let us give teachers the oppor- hear the echoes of the cheers that land of the free only so long as it re- tunity to be the best teachers they can erupted at the Brandenburg Gate when mains the home of the brave. be, and let us give America’s children President Reagan called upon Soviet As we approach the final Veterans the best hope for a bright future. leader Mikhail Gorbachev to tear down Day of the 20th century, let us remem- f this wall. ber Sergeant Busby and our countless Today we commemorate freedom and veterans who served their country so AMERICA WANTS A CONGRESS democracy throughout most of the faithfully for our freedoms. THAT WORKS FOR THEM world, and we also celebrate President f (Mr. STUPAK asked and was given Reagan’s bold vision and courageous permission to address the House for 1 TRIBUTE TO JANE SMALL, FOUND- minute and to revise and extend his request for freedom. ER OF NATIONAL WOMEN’S PO- Mr. Speaker, as we continue our marks.) LITICAL CAUCUS work in Congress, I urge all my col- Mr. STUPAK. Mr. Speaker, this Re- leagues to help celebrate the freedom (Ms. WOOLSEY asked and was given publican-led Congress is a Congress of and democracy that helps keep Amer- permission to address the House for 1 catchy slogans and gimmicks in trying ica strong. minute and to revise and extend her re- to pass the appropriation bills, gim- f marks.) micks like trying to create a 13th Ms. WOOLSEY. Mr. Speaker, I rise to month for budget purposes, gimmicks CRIMINALS HAVE MORE RIGHTS pay tribute to Jane Small, one of the like trying to declare everything an THAN LAW-ABIDING CITIZENS founding mothers of the National emergency, like the 2000 census, even (Mr. TRAFICANT asked and was Women’s Political Caucus. Jane re- though it has been in the Constitution given permission to address the House cently passed away. for over 200 years. for 1 minute and to revise and extend In 1971, Jane worked to found the Now their latest gimmick is a button his remarks.) NWPC to recruit and support women to tell themselves to stop raiding the Mr. TRAFICANT. Mr. Speaker, a seeking elected office regardless of Social Security Trust Fund. Instead of Minnesota factory worker said, enough party affiliation. gimmicks in raiding the Social Secu- is enough. His cabin was ripped off During Jane’s history, she guided the rity Trust Fund to pay for the emer- three times. His neighbors’ cabins con- caucus through the ERA movement gency spending, American people ask tinue to be ripped off. The police said and the struggle to secure a woman’s for things that cost very little and they could do nothing. right for reproductive choice. As an in- would improve their lives, like a pa- So Lenny Miller booby-trapped his spired feminist and activist, Jane was a tients’ bill of rights so they and their cabin and busted the burglar red-hand- key player in electing numerous can- doctors can make their medical deci- ed. And guess what? Some bust. Lenny didates across the Nation. sions and not the HMO; like an in- I know Jane particularly for her Miller is going to jail with a $12,000 crease in the minimum wage so every- leadership in California politics. She fine. And the burglar is getting free one can enjoy our strong economy; like served on both Governor Jerry Brown’s health care. 100,000 more teachers so we can have and Governor Gray Davis’ advisory Beam me up. Something is wrong, smaller class sizes; and prescription committees on women’s issues. Mr. Speaker, when Americans cannot Jane was an activist. She was a lead- drug coverage for seniors. protect their own property and when Mr. Speaker, let us work for the er. Women in the political arena live in criminals have more rights than law- American people. Unfortunately, under her legacy. She will be forever missed. abiding citizens. the Republican-led Congress, it is al- f There is one bright side. I yield back ways the same old story. Tax breaks the fact that in Wisconsin there will PUBLIC SCHOOL TEACHERS— for the rich and a tax on Government. not be many cabins ripped off this year AMERICA’S UNSUNG HEROES America wants a Congress that works thanks to Lenny Miller. (Mr. BARTLETT of Maryland asked for them, like Democrats are fighting f and was given permission to address for. TRIBUTE TO SERVICE OF the House for 1 minute and to revise f SERGEANT RONALD D. BUSBY and extend his remarks.) CONGRATULATING CESAR ‘‘EDDY’’ Mr. BARTLETT of Maryland. Mr. BLASS (Ms. PRYCE of Ohio asked and was Speaker, public school teachers are given permission to address the House America’s unsung heroes. Day in and (Ms. ROS-LEHTINEN asked and was for 1 minute and to revise and extend day out, they dedicate themselves to given permission to address the House her remarks.) helping prepare our children for the fu- for 1 minute and to revise and extend Ms. PRYCE of Ohio. Mr. Speaker, I ture. her remarks.) rise today to commemorate the heroic It is important to make sure our Ms. ROS-LEHTINEN. Mr. Speaker, service of Sergeant Ronald D. Busby. children’s teachers have access to the this morning I am delighted to con- From his hometown of Columbus, training and tools they need to meet gratulate Mr. Cesar ‘‘Eddy’’ Blass, who Ohio, Ronald answered the Vietnam their commitment to students and par- will celebrate 15 years as president of War’s call to arms by enlisting in the ents. the American Peruvian Action Com- U.S. Army in 1967 at the age of 20. He But the Clinton-Gore administration mittee, APAC–USA. quickly earned the rank of sergeant disagrees. It wants the Federal Govern- Eddy has won the attention of his and began to distinguish himself for his ment to hire 100,000 teachers; but it community with his service which has acts of courage and leadership. puts hardly any emphasis on quality. enabled him to contribute to our South On the evening of August 8, 1968, Ser- That just does not cut it. Florida community. He is a dedicated, geant Busby led a night ambush patrol. America’s children do not just need tireless advocate for the plight of the For his actions that evening, he was teachers. They need good teachers. Peruvian Americans in their long- awarded the Silver Star, Bronze Star, Many of the teachers out there are sought goals of residency and eventual and Purple Heart. good, but many could be better and U.S. citizenship. Tragically, like so many of his fellow they deserve the chance to make them- Through his actions, Eddy has be- soldiers, Sergeant Busby was killed in selves better. come a leader in the fight to unify Pe- action that fateful evening. He was Where new teachers are needed, new ruvian Americans throughout the three days shy of his 21st birthday. teachers should be hired. Where teach- United States; and, as a result of his I have heard the phrase ‘‘All gave er quality is a greater concern, State extensive community service, he has some, some gave all.’’ For veterans like and local initiatives like merit pay, received a host of awards, certificates, Sergeant Busby, those six words rep- teacher testing, tenure reform, and and recognition. resent more than a phrase; they rep- new opportunities for teacher develop- This Saturday APAC will commemo- resent a legacy larger than the tallest ment might be better uses of that rate its 15th anniversary and honor its mountain. His example lives on as a re- money. president and founder, Cesar ‘‘Eddy’’

VerDate 29-OCT-99 00:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.078 pfrm02 PsN: H09PT1 H11714 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Blass. He has been an inspiration to In some States, hiring more teachers this despite the fact that we need to the lives of his fellow countrymen, as makes sense. In other States, it might strengthen and protect Social Security well as for our entire South Florida not. But here is the President’s answer and Medicare. Their current plan fails community. to the question put by a reporter: ‘‘Mr. to extend the life of Social Security by In honor of his 15th anniversary as President, on the issue of funding for even one day. It neglects the need for a president of the American Peruvian teachers, sir, you resent it when Con- Medicare prescription drug benefit and Action Committee, I ask my colleagues gress tells you to spend money in ways hurts every American family in some to join me today in paying tribute to which you do not deem appropriate. way. Cesar ‘‘Eddy’’ Blass. Why should a state governor who The Republican leadership stifles f would like to spend that money dif- common sense gun safety measures ferently feel any differently?’’ like child safety locks and background AMERICANS DESERVE TO HAVE The President’s answer: ‘‘Well, be- checks at gun shows, despite the fact ISSUES THEY CARE ABOUT MOST cause it’s not their money.’’ that 13 children are killed every single ADDRESSED When you have an attitude like that day by guns. The Republican leadership (Mr. LAMPSON asked and was given in Washington that the taxpayers’ is siding with the gun lobby and letting permission to address the House for 1 money belongs to Washington and not gaping loopholes remain open. This Congress should not leave town minute and to revise and extend his re- the taxpayers, it explains how the marks.) before its work is done. White House is willing to squander the The Republican leadership should lis- Mr. LAMPSON. Mr. Speaker, I rise American tax dollars in a way that ne- today because this Republican Con- ten to the public, enact sensible gun glects children and abandons our safety laws, strengthen Social Security gress is failing American families. schools. The gentleman from Illinois (Speaker and Medicare, pass a prescription drug f benefit bill and a minimum wage bill. HASTERT) originally promised that the Our families deserve better. Republican-controlled Congress would SAY YES TO AGENDA FOR finish work on the budget nearly 2 AMERICAN FAMILIES f months ago. Yet, they continue to sit (Mr. ALLEN asked and was given RESPONSIBILITY IN EDUCATION here and waste our time with political permission to address the House for 1 (Mr. HAYWORTH asked and was stunts. minute and to revise and extend his re- given permission to address the House The American people have become marks.) for 1 minute and to revise and extend used to a Republican Congress that is Mr. ALLEN. Mr. Speaker, in response his remarks.) no longer just a ‘‘do nothing’’ Congress, to the previous speaker, I sat yesterday Mr. HAYWORTH. Mr. Speaker, we but a ‘‘do the wrong thing’’ Congress. with the superintendent of schools in have all heard of the three Rs when it Americans deserve a budget; they de- the city of Portland and members of comes to education. Let me add a serve to have the issues they care the school committee in Portland, fourth R: responsibility, because re- about most addressed. There is positive Maine; and they do not want block sponsibility is the key. Yesterday, Mr. legislation that our constituents are grants. They want class size reduction Speaker, the President of the United asking us to bring to the House floor. above all else. States, responding to the press when it We could be saving Social Security, Mr. Speaker, this session is winding comes to judicious spending of edu- building new schools, reducing class- down and the Republican Congress has cational dollars said, and I quote, room size. We could be increasing the a sorry record. We have not done very ‘‘Well, because it is not their money.’’ minimum wage so that workers can much this session, and much of what Mr. Speaker, the President of the provide for their families. We could be we have done has been done wrong. United States and my colleagues on ensuring patients’ rights and putting Many Democrats worked hard to pass the other side of the aisle ought to un- the care back into health care. Instead, campaign finance reform with the help derstand both the arithmetic and the we are mired down in partisan rhetoric of some Republicans here, but the lead- responsibility. My liberal friends want and debate. ership has killed it. Democrats tried to the money to be controlled by the edu- Mr. Speaker, the people of southeast make our schools safer by passing mod- cational bureaucrats in Washington. Texas and I have been waiting for over est gun safety laws, but Republicans We in the common sense, conservative 5 weeks for the Republicans to finish said no. Democrats have worked to majority say the money should be the budget, but we cannot wait much make health care safer for patients by spent at home, first and foremost by longer. They need to quit stalling and passing a patients’ bill of rights, but teachers in the classrooms, by super- together let us get the people’s busi- Republicans said no. intendents in the districts, and yes, by ness done. Democrats in this administration governors in the States, along with the respective superintendents of public f tried to make the world safer by ratify- ing the Comprehensive Test Ban Trea- education. Because while education is a EDUCATION SPENDING BILL ty. Republicans said no. Democrats national priority, it ultimately is a local concern. (Mr. SCHAFFER asked and was given have been working hard to get pre- Mr. Speaker, the President and my permission to address the House for 1 scription drug legislation passed, but minute and to revise and extend his re- liberal friends should join with us to Republicans in the Committee on Ways make sure that local control and remarks.) and Means the other day said no. sponsibility is paramount. Mr. SCHAFFER. Mr. Speaker, there Next year let us say yes to an agenda f are few issues in America more impor- for American families. Let us say yes tant than education. And in fact, the and get this agenda enacted. FEDERAL GOVERNMENT SHOULD White House and Congress really do f ALLOW MICROSOFT TO CON- not disagree on the amount of money TINUE TO INNOVATE FOR AMER- that we ought to spend on schools in AMERICAN FAMILIES DESERVE ICANS BETTER this year’s appropriations process. But (Mr. INSLEE asked and was given what is holding up the debate is the (Ms. DELAURO asked and was given permission to address the House for 1 question of how to spend those dollars. permission to address the House for 1 minute and to revise and extend his re- The Republican party clearly be- minute and to revise and extend her remarks.) lieves that governors and State legisla- marks.) Mr. INSLEE. Mr. Speaker, I am call- tors, school board members, and prin- Ms. DELAURO. Mr. Speaker, the Re- ing on the United States Justice De- cipals and superintendents ought to be publican majority has failed to act on partment to put away any dream of free to spend the dollars that we are the basic issues facing hard-working breaking up Microsoft. Microsoft and appropriating as they see fit. But the Americans. The Republican leadership its employees should not be punished President has a different idea. He started the year by trying to spend the for being one of the most creative, dy- wants to tell States specifically how surplus on an $800 billion tax break for namic teams of people in American they must spend the money. the wealthiest Americans, and they did economic history.

VerDate 29-OCT-99 00:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.012 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11715 Mr. Speaker, many of the people who Ms. BERKLEY. Mr. Speaker, when I having to pay light bills and having to work at Microsoft live in my district, came to Capitol Hill 10 months ago to pay rent, but cannot buy their pre- and I can say with confidence that they represent my hometown of Las Vegas, I scriptions, of having to cut their pre- are undaunted by this struggle, they made a promise to fight for the fastest scriptions in half. What a tragedy. Yes, are focused, and I am confident that growing senior population in the coun- Mr. Speaker, is it not unfortunate that their team will continue to bring new try and for all of the working families we do not have real gun safety in products to the American people. like mine that have moved to Las America when 80 percent of the Amer- Mr. Speaker, the American consumer Vegas in search of a better life. ican people say we want reasonable gun has benefited amazingly by the innova- There are two pieces of unfinished safety and we want our children to be tion that is taking place in this indus- business that are critical to my dis- safe in schools. try. Computers are more powerful, trict, a patients’ bill of rights and the f software is more powerful, and more prescription drug coverage for southern people have access to the Internet Nevada citizens. ACCOMPLISHMENTS OF THE 106TH every day. Over and over again I hear from my CONGRESS There is competition in this indus- constituents, from working parents (Mr. DREIER asked and was given try, and if my colleagues do not believe worried about health care coverage for permission to address the House for 1 me, look at the stock market where their families, from seniors having to minute and to revise and extend his re- millions are putting their hard-earned choose between buying food and buying marks.) dollars investing in Microsoft’s com- medicine. They need help and they do Mr. DREIER. Mr. Speaker, I am real- petitors, and that is fine. But, Mr. not care about Washington politics. ly stunned to listen to my colleagues Speaker, consumers are enjoying the The patients’ bill of rights is a bipar- on the other side of the aisle talk benefits of a vigorous electronic indus- tisan issue because everybody should about the fact that the 106 Congress try. be able to determine the best course of has not accomplished much of any- The Federal Government should put medical treatment and consultation thing. I guess that is sort of their mes- away any scheme to dismember the with their own doctor. If HMOs make sage today. So it is incumbent upon us most creative, the most dynamic in- decisions like doctors, they should be to point out, once again, the great ac- dustry in the history of the world. held legally accountable like a doctor. complishments that we have made in f We need to enact a bill that protects this Congress. the patients’ bill of rights, not the At the beginning, Speaker HASTERT SQUEEZING A NICKEL OUT OF HMO’s bottom line. We need to pass a FIVE DOLLARS stood right here on the opening day bill to ensure prescription drug cov- and talked about the need to improve (Mr. KINGSTON asked and was given erage for seniors. We did a cost survey public education. We have done that by permission to address the House for 1 and found that uninsured seniors in my passing the Education Flexibility Act minute and to revise and extend his re- district pay two, three, or four times so that local school districts can make marks.) the price that insured seniors pay for Mr. KINGSTON. Mr. Speaker, if a decisions as to how to best educate some of the most common prescription their children. We passed the Teacher schoolboy gives his favorite teacher an drugs. These drugs keep them alive, apple, she will probably take a small Empowerment Act, which also moves but financially it is killing them. further in that direction. bite out of it, something like that, just I stand up for all of the seniors in my Tax relief for working families. We modest. district. did it; we did it. People are taxed more Now, if the taxpayer, his parents f send the same apple in the form of tax than they ever have been since the Sec- dollars to the Federal Government, MORE UNFINISHED BUSINESS OF ond World War, and the President un- this is what they deem as their fair THE 106TH CONGRESS fortunately vetoed that measure and share, and that is the debate we are in (Ms. JACKSON-LEE of Texas asked the Democrats on the other side of the today. and was given permission to address aisle voted against it. We said that we What we are asking is that the De- the House for 1 minute and to revise wanted to save Social Security and partment of Education, just like all the and extend her remarks.) Medicare, and we all know that we other Federal agencies, get $5 and Ms. JACKSON-LEE of Texas. Mr. have locked up the Social Security squeeze a nickel out of it. Speaker, a few days ago I counted down Trust Fund for the future, going well Now, I am a father of four. I have two the hours that we had remaining in beyond the 62 percent that the Presi- teenagers and two who still love me. this session, and I asked the question dent advocated when he stood here in We have to sit around the kitchen of what we could do for our young peo- his State of the Union message. table every night to come up with ways ple in providing them safe schools. And And rebuilding our Nation’s defense to save money. Mr. Speaker, if we can I ask now the question with maybe less capability. We passed the National buy our gas for $1.07 a gallon, we go than 24 hours in this session, at least Missile Defense bill, which is very, two more blocks so we do not have to as we know it, whether or not this Con- very important to our national secu- pay $1.10. I do not buy new suits until gress is going to be known as having rity, and the Defense appropriations they are on sale, and my colleagues done good or having harmed the Amer- bill. We have accomplished a lot in this might be thinking, well, I hope there is ican people. 106th Congress, and do not forget it. a sale coming up soon. The question is, are we going to pass f what the American people have asked I do not get a steak when I go out to GOP BUDGET GIMMICKS eat; I get chicken, and we do not buy us to, which is a patients’ bill of rights, Special K unless we get the 35 cents off so that we can stop once and for all (Mr. CROWLEY asked and was given coupon. drive-by emergency rooms, so that we permission to address the House for 1 All we are asking of the Department can give women the right to have their minute and to revise and extend his re- of Education and all of the Federal bu- OB-GYN as their primary provider, so marks.) reaucracies in Washington is to find that we can have second opinions, so Mr. CROWLEY. Mr. Speaker, as the that little old nickel out of the $5 so that we can reestablish the patient- GOP leadership in Congress struggles that we can save Social Security. physician relationship. While all of our to complete its appropriations work, f loved ones are under the care of a phy- now a full 40 days past the end of the sician, how tragic it is for them to fiscal year, I thought it fitting to ex- UNFINISHED BUSINESS OF THE have to call for a procedure and some- amine their record of Social Security 106TH CONGRESS one at a phone who does not even know budget gimmicks this year. There sim- (Ms. BERKLEY asked and was given who they are says no, you cannot have ply are not enough apples in this city permission to address the House for 1 it. to demonstrate adequately what the minute and to revise and extend her re- We need a patients’ bill of rights. Republican Party is doing here. They marks and include therein extraneous I did a study in my district, and how simply take apples from one basket material.) unfortunate it is that my seniors are and, before they put it in the other,

VerDate 29-OCT-99 00:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.015 pfrm02 PsN: H09PT1 H11716 CONGRESSIONAL RECORD — HOUSE November 9, 1999 they take a couple of bites out of it and People who like pickles on their not be the immediate or only need in then they turn the apple around so hamburgers, on the other hand, usually some of our school districts. Some Americans cannot see what they have did not have to wait. In fact the burg- schools may need better teacher qual- done to that apple. ers were already waiting for them, so ity, they may need teacher training, Recently the Republican majority in they were less fresh and lower quality. teacher improvement. Some may need this chamber has gone around stating All that has been changing. McDon- books and equipment, supplies. The list they are the only ones able to protect ald’s restaurants now prepare your goes on. and strengthen Social Security. How meals when you order them. This The funding levels that we have been come they elected their leader, a per- means you get exactly what you want. discussing are not at odds here. This is son who pledged, and I quote, ‘‘to bite It is a fresher, higher quality product. a question of who knows best, Wash- the bullet and phase Social Security There are two simple truths inspiring ington bureaucrats, or local teachers out over a period of time.’’ The fact is, the McDonald’s reform: First, one size and principals in the local public Republicans have a history of voting does not fit all. Second, quality mat- school classroom. against Social Security. In 1935, only ters. The President’s goal may be noble one Republican, Frank Crowther of my Let us apply these simple truths to enough, but his means of achieving it own State of New York, had the cour- education reform. Instead of man- are flawed. Who can argue with the age to buck his party and vote against dating new teachers, let us give the fact that local control is the best a Republican motion to recommit Title States and local communities the op- means by which we can truly support II to strike out old age and unemploy- portunity to ensure higher teacher our schools? Let us empower our stu- ment insurance provisions. It would quality and to spend that money on dents, our teachers, with the tools that have effectively killed Social Security what they know will work in their they need to take our kids to the next as we know it today. Only one out of 96 schools, because one size does not fit step of the learning process. Let us Republicans had the courage to vote in all, and quality does matter. give our local schools more flexibility, favor of Social Security. f more local control when we send this money back to the classroom. Mr. Speaker, I ask all of my col- PAYMENT OF U.N. ARREARS leagues to continue to support the So- f (Mrs. LOWEY asked and was given cial Security system as we know it permission to address the House for 1 MAKING IN ORDER AT ANY TIME today. minute and to revise and extend her re- CONSIDERATION OF CON- f marks.) FERENCE REPORT ON H.R. 1555, INVESTMENTS IN EDUCATION FOR Mrs. LOWEY. Mr. Speaker, the INTELLIGENCE AUTHORIZATION OUR CHILDREN United States has earned the reputa- ACT FOR FISCAL YEAR 2000 (Mr. WU asked and was given permis- tion as the United Nations’ number one Mr. DREIER. Mr. Speaker, I ask sion to address the House for 1 minute deadbeat. If my colleagues want to help unanimous consent that it be in order and to revise and extend his remarks.) restore our good name and regain our at any time to consider the conference Mr. WU. Mr. Speaker, I was at home influence in the U.N., they need to join report to accompany the bill (H.R. 1555) at the Verboort Sausage Festival this me today in supporting immediate and to authorize appropriations for fiscal past weekend. It is a wonderful com- full repayment of our U.N. arrears. year 2000 for intelligence and intel- munity event. I had the privilege of sit- This funding is critical to United ligence-related activities of the United ting next to Don and Lois Tayler. Lois States’ foreign policy. It shows the States Government, the Community Tayler’s grandfather owned 100 acres international community that a com- Management Account, and the Central on part of which Findley Elementary mitment made by the United States Intelligence Agency Retirement and School now sits. As Oregon pioneers, means something. It gives the U.N. the Disability System, and for other pur- the Findleys understood the value of resources it needs to carry on the imposes; that all points of order against education. And Don and Lois, who are portant work it is doing around the the conference report and against its schoolteachers now, know that that globe. consideration be waived, that the con- The United States has a tremendous school has 900 kids in it, but it was ference report be considered as read amount of influence within the U.N., built for 700. when called up, and that House Resolu- This Congress has the ability to help but that level of influence decreases tion 364 be laid upon the table. with that situation, with school mod- with every day that we do not pay our The SPEAKER pro tempore (Mr. ernization and class size reduction, and arrears. In fact, at the end of this year, OSE). Is there objection to the request we should not go home until we get we face the prospect of losing our vote of the gentleman from California? those jobs done to keep faith with peo- in the General Assembly. There was no objection. How can we expect the U.N. to con- ple like the Findleys, like the Taylers, f tinue to take our interests into ac- and other Oregonians who made invest- count around the world? How can we WAIVING CERTAIN ENROLLMENT ments in their day for their children. expect them to fund the projects we REQUIREMENTS FOR THE RE- We should be making similar invest- support and to send peacekeeping MAINDER OF THE FIRST SES- ments in our day for our children. troops to areas where we want to see SION OF THE 106TH CONGRESS f more stability when we do not con- Mr. BOEHNER. Mr. Speaker, I ask b 1030 tribute? How do we expect to help to unanimous consent that the Com- mittee on House Administration be dis- IN THE FIELD OF EDUCATION, ONE continue to reform the U.N. in a meaningful way if we do not pay our debt? charged from further consideration of SIZE DOES NOT FIT ALL, AND the joint resolution (H.J. Res. 76) QUALITY MATTERS Let us pay our dues now. f waiving certain enrollment require- (Mr. STEARNS asked and was given ments for the remainder of the first permission to address the House for 1 EDUCATION session of the 106th Congress with re- minute and to revise and extend his re- (Mr. PITTS asked and was given per- spect to any bill or joint resolution marks.) mission to address the House for 1 making general appropriations or con- Mr. STEARNS. Mr. Speaker, not ev- minute and to revise and extend his re- tinuing appropriations for fiscal year eryone likes pickles on their ham- marks.) 2000, and ask for its immediate consid- burgers. For many years that pref- Mr. PITTS. Mr. Speaker, this week eration in the House. erence meant a longer wait at McDon- as we get down to the wire on budget The Clerk read the title of the joint ald’s, because if you did not want what negotiations, I rise to speak on behalf resolution. was already under the heat lamp, they of education, our children, and the The SPEAKER pro tempore. Is there had to do a specialty order. All those classroom as the priority in this coun- objection to the request of the gen- burgers under the heat lamp had pick- try. tleman from Ohio? les on them. But you did get a fresher More teachers is a great idea. I ap- Mr. MCNULTY. Mr. Speaker, reserv- burger. plaud it. However, more teachers may ing the right to object, I yield to my

VerDate 29-OCT-99 05:26 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.017 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11717 good friend, the gentleman from Ohio The Clerk read the title of the con- Mr. Speaker, I thank all of my col- (Mr. BOEHNER) to explain to the House current resolution. leagues for this opportunity to salute why we are considering this matter at The SPEAKER pro tempore. Is there these true American heroes, and I urge this time. objection to the request of the gen- all of my colleagues to support this Mr. BOEHNER. Mr. Speaker, I thank tleman from New York? joint resolution. my colleague, the gentleman from New Mr. MCNULTY. Mr. Speaker, reserv- Mr. REYNOLDS. Mr. Speaker, will York, for yielding. ing the right to object, I shall not ob- the gentleman yield? I think all of my colleagues know ject, I rise simply to commend my col- Mr. MCNULTY. I yield to the gen- that U.S. Code requires engrossed bills league the gentleman from New York tleman from New York. that passed both Houses to be printed (Mr. REYNOLDS) for bringing my resolu- Mr. REYNOLDS. Mr. Speaker, I want on parchment in a manner determined tion to the floor, and to speak for a to commend my colleague, the gen- by the Joint Committee on Printing. moment about its merits. tleman from New York (Mr. MCNULTY), For large bills such as the appropria- Mr. Speaker, Dr. Jerri Nielsen was for bringing this resolution. tion measures that are still under de- stationed at the South Pole during this As a former member of the New York bate and discussion, this requires many past Antarctic winter, and by virtue of Air National Guard, I have had an op- additional hours of time that may in self-examination discovered a lump in portunity to look at our airlift units fact be saved and allow us to complete her breast. She performed a biopsy. She across the State. Time and time again our work sooner if this statute is set concluded that she had breast cancer. they have been called for emergency or aside on a temporary basis. She administered chemotherapy and war, and have served gallantly, taking As most of my colleagues know, this tried as best she could to endure the on the responsibilities that have been is typically done at the end of every Antarctic winter until a plane could assigned them. session of Congress, and we can in fact come and rescue her and give her more As the gentleman from New York comprehensive medical treatment. finish our work in a more timely man- (Mr. MCNULTY) has indicated, this has Mr. Speaker, the purpose of this reso- ner and deliver these bills more quick- been a very difficult mission to rescue lution is to point out the heroism of Dr. Nielsen, who is a native of New ly to the White House for their signa- those who went to rescue Dr. Nielsen. York, in the aspect of bringing her ture. They are the members of the Air Na- back from the South Pole. Those who Mr. MCNULTY. Mr. Speaker, I with- tional Guard’s 109th Airlift Wing, followed this as the mission was draw my reservation of objection. which is located in my congressional planned and then executed, and the his- The SPEAKER pro tempore. Is there district in Glenville, New York. This tory of it after it was completed, clear- objection to the request of the gen- mission departed the Samuel S. Strat- ly saw the risk and danger that the tleman from Ohio? ton Air National Guard Base on Octo- men and women found themselves in as There was no objection. ber 6th, arrived at the South Pole on The Clerk read the joint resolution, October 15th, traveled 11,410 nautical they were deployed to the South Pole as follows: miles, and was led by Major George in such tough winter conditions. H.J. RES. 76 McAllister, Jr. As a matter of fact, the mission was Resolved by the Senate and House of Rep- Mr. Speaker, this trip was historic in postponed for months until the weath- resentatives of the United States of America in that Major McAllister and his crew be- er was at a point they could land on Congress assembled, That the provisions of came the first persons ever to land at the South Pole. sections 106 and 107 of title 1, United States the South Pole so soon after an ant- So to the 109th Airlift Wing, our con- Code, are waived for the remainder of the arctic winter. I know a little bit about gratulations, and to our colleague for first session of the One Hundred Sixth Con- bringing it forward. gress with respect to the printing (on parch- the dangers faced by the members of the 109th, Mr. Speaker, because I have Mr. MCNULTY. Mr. Speaker, I with- ment or otherwise) of the enrollment of any draw my reservation of objection. bill or joint resolution making general ap- traveled with them both to the North propriations or continuing appropriations for Pole and to the South Pole. Of course, The SPEAKER pro tempore. Is there the fiscal year ending September 30, 2000. when I went with them, it was in the objection to the request of the gen- The enrollment of any such bill or joint reso- middle of the Antarctic summer, which tleman from New York? lution shall be in such form as the Com- is our winter. So when I was there in There was no objection. mittee on House Administration of the January of 1994 it was a balmy 40 de- The Clerk read the concurrent reso- House of Representatives certifies to be a lution, as follows: true enrollment. grees below zero. But in the Antarctic winter, the record low temperature is H. CON. RES. 205 The joint resolution was ordered to 128 degrees below zero. A complex piece Whereas the 109th Airlift Wing of the Air be engrossed and read a third time, was of machinery like a C–130 cannot oper- National Guard is based at Stratton Air Na- read the third time, and passed, and a ate in that kind of temperature. tional Guard Base in Glenville, New York; motion to reconsider was laid on the But Major McAllister and his crew Whereas the 109th was called upon by the table. went in as soon as possible, rescued Dr. United States Antarctic Program to undertake a medical evacuation mission to the The SPEAKER pro tempore. Without Nielsen, and Dr. Nielsen is now receiv- objection, House Resolution 365 is laid South Pole to rescue Dr. Jerri Nielsen, a ing the treatment that she needs. physician who diagnosed herself with breast on the table So on this particular occasion, I want cancer; There was no objection. to thank my colleague, the gentleman Whereas the 109th is the only unit in the f from New York (Mr. REYNOLDS) for al- world trained and equipped to attempt such lowing us to consider this resolution, a mission; RECOGNIZING AND HONORING THE and I would like, Mr. Speaker, just to Whereas the 10 crew members were pilot HEROIC EFFORTS OF THE AIR mention the names of those who com- Maj. George R. McAllister Jr., senior mission NATIONAL GUARD’S 109TH AIR- prised that lifesaving crew. commander Col. Marion G. Pritchard, co- LIFT WING AND ITS RESCUE OF They are Pilot Major George R. pilot Maj. David Koltermann, navigator Lt. Col. Bryan M. Fennessy, engineer Ch. M. Sgt. DR. JERRI NIELSEN FROM THE McAllister, Jr.; Senior Mission Com- SOUTH POLE Michael T. Cristiano, loadmasters Sr. M. mander Colonel Marion G. Pritchard; Sgt. Kurt A. Garrison and T. Sgt. David M. Mr. REYNOLDS. Mr. Speaker, I ask Co-pilot Major David Koltermann; Nav- Vesper, flight nurse Maj. Kimberly unanimous consent that the Com- igator Lieutenant Colonel Brian M. Terpening, and medical technicians Ch. M. mittee on Armed Services be dis- Fennessy; Engineer Chief Master Ser- Sgt. Michael Casatelli and M. Sgt. Kelly charged from further consideration of geant Michael T. Cristiano; McDowell; the concurrent resolution (H. Con. Res. Loadmasters, Senior Master Sergeant Whereas the crew departed Stratton Air 205) recognizing and honoring the he- Kurt A. Garrison and Technical Ser- Base for McMurdo Station in Antarctica via roic efforts of the Air National Guard’s geant David M. Vesper; Flight Nurse Christchurch, New Zealand, on October 6, 1999; 109th Airlift Wing and its rescue of Dr. Major Kimberly Terpening; and Med- Whereas on October 15, 1999, Aircraft No. Jerri Nielsen from the South Pole, and ical Technicians Chief Master Sergeant 096 departed McMurdo for the South Pole, ask for its immediate consideration in Michael Casatelli and Master Sergeant where the temperature was approximately the House. Kelly McDowell. ¥K53 degrees Celsius;

VerDate 29-OCT-99 05:26 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.034 pfrm02 PsN: H09PT1 H11718 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Whereas Major McAllister piloted a 130,000 ‘‘(F) the deletion of these lands has been from the Conveyance Lands for sale shall not pound LC–130 Hercules cargo plane equipped and continues to be a source of deep concern be permitted: Provided further, That Elim with Teflon-coated skis to a safe landing on to the indigenous people of Elim; and shall not construct roads and related infra- an icy runway with visibility barely above ‘‘(G) until this matter is dealt with, it will structure for the support of such cutting and minimums established for safe operations; continue to be a source of great frustration removal of timber for sale or permit others Whereas less than 25 minutes later, fol- and sense of loss among the shareholders of to do so. ’Merchantable Timber’ means tim- lowing an emotional goodbye and brief med- the Elim Native Corporation and their de- ber that can be harvested and marketed by a ical evaluation, Dr. Nielsen and the crew scendants. prudent operator. headed back to McMurdo Station; ‘‘(2) WITHDRAWAL.—The lands depicted and ‘‘(B) Public Land Order 5563 of December Whereas the mission lasted 9 days and cov- designated ‘Withdrawal Area’ on the map 16, 1975, which made hot or medicinal springs ered 11,410 nautical miles; and dated October 19, 1999, along with their legal available to other Native Corporations for Whereas Major McAllister became the first descriptions, on file with the Bureau of Land selection and conveyance, is hereby modified person ever to land on a polar ice cap at this Management, and entitled ‘Land Withdrawal to the extent necessary to permit the selec- time of year: Now, therefore, be it Elim Native Corporation’, are hereby with- tion by Elim of the lands heretofore encom- Resolved by the House of Representatives (the drawn, subject to valid existing rights, from passed in any withdrawal of hot or medicinal Senate concurring), That Congress recognizes all forms of appropriation or disposition springs and is withdrawn pursuant to this under the public land laws, including the and honors the crew of the Air National subsection. The Secretary is authorized and mining and mineral leasing laws, for a period Guard’s 109th Airlift Wing for its heroic ef- directed to convey such selections of hot or of 2 years from the date of enactment of this forts in rescuing Dr. Jerri Nielsen from the medicinal springs (hereinafter referred to as subsection, for selection by the Elim Native South Pole. ‘hot springs’) subject to applicable cov- Corporation (hereinafter referred to as The concurrent resolution was agreed ‘Elim’). enants, reservations, terms and conditions to. ‘‘(3) AUTHORITY TO SELECT AND CONVEY.— contained in paragraphs (5) and (6). A motion to reconsider was laid on Elim is authorized to select in accordance ‘‘(C) Should Elim select and have conveyed the table. with the rules set out in this paragraph, to it lands encompassing portions of the Tubutulik River or Clear Creek, or both, f 50,000 acres of land (hereinafter referred to as ‘Conveyance Lands’) within the boundary of Elim shall not permit surface occupancy or ANNOUNCEMENT BY THE SPEAKER the Withdrawal Area described in paragraph knowingly permit any other activity on PRO TEMPORE (2). The Secretary is authorized and directed those portions of land lying within the bed of to convey to Elim in fee the surface and sub- or within 300 feet of the ordinary high water- The SPEAKER pro tempore. Pursu- surface estates to 50,000 acres of valid selec- line of either or both of these water courses ant to clause 8 of rule XX, the Chair tions in the Withdrawal Area, subject to the for purposes associated with mineral or announces that he will postpone fur- covenants, reservations, terms and condi- other development or activity if they would ther proceedings today on each motion tions and other provisions of this subsection. cause or are likely to cause erosion or silta- to suspend the rules on which a re- ‘‘(A) Elim shall have 2 years from the date tion of either water course to an extent that corded vote or the yeas and nays are of the enactment of this subsection in which would significantly adversely impact water ordered or on which the vote is ob- to file its selection of no more than 60,000 quality or fish habitat. acres of land from the area described in para- jected to under clause 6 of rule XX. ‘‘(5) RIGHTS RETAINED BY THE U.S.—With re- graph (2). The selection application shall be spect to conveyances authorized in para- Any record votes on a postponed filed with the Bureau of Land Management, question will be taken after debate has Alaska State Office, shall describe a single graph (3), the following rights are retained concluded on all motions to suspend tract adjacent to U.S. Survey No. 2548, Alas- by the United States: the rules. ka, and shall be reasonably compact, contig- ‘‘(A) To enter upon the conveyance lands, f uous, and in whole sections except when sep- after providing reasonable advance notice in arated by unavailable land or when the re- writing to Elim and after providing Elim ELIM NATIVE CORPORATION LAND maining entitlement is less than a whole sec- with an opportunity to have a representative RESTORATION ACT tion. Elim shall prioritize its selections present upon such entry, in order to achieve made pursuant to this subsection at the time the purpose and enforce the terms of this Mr. YOUNG of Alaska. Mr. Speaker, I paragraph and paragraphs (4) and (6). move to suspend the rules and pass the such selections are filed, and such prioritization shall be irrevocable. Any lands ‘‘(B) To have, in addition to such rights bill (H.R. 3090) to amend the Alaska selected shall remain withdrawn until con- held by Elim, all rights and remedies avail- Native Claims Settlement Act to re- veyed or full entitlement has been achieved. able against persons, jointly or severally, store certain lands to the Elim Native ‘‘(B) The selection filed by Elim pursuant who cut or remove Merchantable Timber for Corporation, and for other purposes, as to this subsection shall be subject to valid sale. amended. existing rights and may not supercede prior ‘‘(C) In cooperation with Elim, the right, The Clerk read as follows: selections of the State of Alaska, any Native but not the obligation, to reforest in the corporation, or valid entries of any private event previously existing Merchantable Tim- H.R. 3090 individual unless such selection or entry is ber is destroyed by fire, wind, insects, dis- Be it enacted by the Senate and House of relinquished, rejected, or abandoned prior to ease, or other similar manmade or natural Representatives of the United States of America conveyance to Elim. occurrence (excluding manmade occurrences in Congress assembled, ‘‘(C) Upon receipt of the Conveyance resulting from the exercise by Elim of its SECTION 1. ELIM NATIVE CORPORATION LAND Lands, Elim shall have all legal rights and lawful rights to use the Conveyance Lands). RESTORATION. privileges as landowner, subject only to the ‘‘(D) The right of ingress and egress over Section 19 of the Alaska Native Claims covenants, reservations, terms and condi- easements under section 17(b) for the public Settlement Act (43 U.S.C. 1618) is amended tions specified in this subsection. to visit, for noncommercial purposes, hot by adding at the end the following new sub- ‘‘(D) Selection by Elim of lands under this springs located on the Conveyance Lands and section: subsection and final conveyance of those to use any part of the hot springs that is not ‘‘(c)(1) FINDINGS.—The Congress finds lands to Elim shall constitute full satisfac- commercially developed. that— tion of any claim of entitlement of Elim ‘‘(E) The right to enter upon the lands con- ‘‘(A) approximately 350,000 acres of land with respect to its land entitlement. taining hot springs for the purpose of con- were withdrawn by Executive Orders in 1917 ‘‘(4) COVENANTS, RESERVATIONS, TERMS, AND ducting scientific research on such hot for the use of the United States Bureau of CONDITIONS.—The covenants, reservations, springs and to use the results of such re- Education and of the Natives of Indigenous terms and conditions set forth in this para- search without compensation to Elim. Elim Alaskan race; graph and in paragraphs (5) and (6) with re- shall have an equal right to conduct research ‘‘(B) these lands comprised the Norton Bay spect to the Conveyance Lands shall run on the hot springs and to use the results of Reservation (later referred to as Norton Bay with the land and shall be incorporated into such research without compensation to the Native Reserve) and were set aside for the the interim conveyance, if any, and patent United States. benefit of the Native inhabitants of the Es- conveying the lands to Elim. ‘‘(F) A covenant that commercial develop- kimo Village of Elim, Alaska; ‘‘(A) Consistent with paragraph (3)(C) and ment of the hot springs by Elim or its suc- ‘‘(C) in 1929, 50,000 acres of land were de- subject to the applicable covenants, reserva- cessors, assigns, or grantees shall include the leted from the Norton Bay Reservation by tions, terms, and conditions contained in right to develop only a maximum of 15 per- Executive Order. this paragraph and paragraphs (5) and (6), cent of the hot springs and any land within ‘‘(D) the lands were deleted from the Res- Elim shall have all rights to the timber re- 1/4 mile of the hot springs. Such commercial ervation for the benefit of others; sources of the Conveyance Lands for any use development shall not alter the natural hy- ‘‘(E) the deleted lands were not available including, but not limited to, construction of drologic or thermal system associated with to the Native inhabitants of Elim under sub- homes, cabins, for firewood and other domes- the hot springs. Not less than 85 percent of section (b) of this section at the time of pas- tic uses on any Elim lands: Provided, That the lands within 1/4 mile of the hot springs sage of this Act; cutting and removal of Merchantable Timber shall be left in their natural state.

VerDate 29-OCT-99 05:26 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.003 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11719 ‘‘(G) The right to exercise prosecutorial ment, or termination of parental rights that holders are protected because this op- discretion in the enforcement of any cov- may have altered or severed the legal relation is available only to those corpora- enant, reservation, term or condition shall tionship between the gift donor and recipi- tions whose shareholders vote, by a not waive the right to enforce any covenant, ent’’. majority of all outstanding voting reservation, term or condition. SEC. 3. DEFINITION OF SETTLEMENT TRUST. ‘‘(6) GENERAL.— Section 3(t)(2) of the Alaska Native Claims shares, to benefit nonshareholders. ‘‘(A) MEMORANDUM OF UNDERSTANDING.— Settlement Act (43 U.S.C. 1602(t)(2)) is Mr. Speaker, I also wanted to voice The Secretary and Elim shall, acting in good amended by striking ‘‘sole’’ and all that fol- the support of the State of Alaska for faith, enter into a Memorandum of Under- lows through ‘‘Stock’’ and inserting ‘‘benefit this bill. The State of Alaska could not standing (hereinafter referred to as the of shareholders, Natives, and descendants of submit anything in writing; however, ‘MOU’) to implement the provisions of this Natives,’’. have verbally supported this important subsection. The MOU shall include among its The SPEAKER pro tempore. Pursu- provisions reasonable measures to protect bill for the people of Alaska. plants and animals in the hot springs on the ant to the rule, the gentleman from The Coastal Coalition, a conservation OUNG Conveyance Lands and on the land within 1⁄4 Alaska (Mr. Y ) and the gentleman group in Alaska, and Donald C. Mitch- mile of the hot springs. The parties shall from Oregon (Mr. DEFAZIO) each will ell, a noted ANCSA attorney, have agree to meet periodically to review the control 20 minutes. both submitted letters in support of matters contained in the MOU and to exer- The Chair recognizes the gentleman the bill. As my colleagues can see, we cise their right to amend, replace, or extend from Alaska (Mr. YOUNG). have a wide range of support for pas- the MOU. Such reviews shall include the au- GENERAL LEAVE sage of this bill. thority to relocate any of the easements set Mr. YOUNG of Alaska. Mr. Speaker, I forth in subparagraph (D) if the parties deem Mr. Speaker, I urge my colleagues to it advisable. ask unanimous consent that all Mem- support the passage of this legislation. ‘‘(B) INCORPORATION OF TERMS.—Elim shall bers may have 5 legislative days within Mr. Speaker, I reserve the balance of incorporate the covenants, reservations, which to revise and extend their re- my time. terms and conditions, in this subsection in marks on H.R. 3090. Mr. DEFAZIO. Mr. Speaker, I yield any deed or other legal instrument by which The SPEAKER pro tempore. Is there myself such time as I may consume. it divests itself of any interest in all or a objection to the request of the gen- Mr. Speaker, I rise in support of this portion of the Conveyance Lands, including tleman from Alaska? important legislation. It is long past without limitation, a leasehold interest. There was no objection. time to right a wrong done 70 years ‘‘(C) SECTION 17(b) EASEMENTS.—The Bureau Mr. YOUNG of Alaska. Mr. Speaker, I ago. I am particularly pleased that we of Land Management, in consultation with yield myself such time as I may con- Elim, shall reserve in the conveyance to in this Congress can act to do that. sume. I have a longer statement which I Elim easements to the United States pursu- Mr. Speaker, H.R. 3090 is a bill that I ant to subsection 17(b) that are not in con- would like entered in the RECORD, and introduced in consultation with the flict with other easements specified in this I would just reflect in closing that it is Alaska Federation of Natives and ongo- paragraph. always a good day when we can act to ing negotiations and redrafts with the ‘‘(D) OTHER EASEMENTS.—The Bureau of undo the wrongs done by a Republican Land Management, in consultation with Department of the Interior and the President. Elim, shall reserve easements which shall in- Elim Native Corporation. clude the right of the public to enter upon Considerable time has been spent to Mr. Speaker, I rise in support of this bill. and travel along the Tubutulik River and resolve the Elim land provision, and I While Congress generally should be very cau- Clear Creek within the Conveyance Lands. want to especially thank Cindy Alona, tious when amending the 1971 Alaska Native Such easements shall also include easements Marilyn Heiman, Paul Kirton, Kim Claims Settlement Act to change land alloca- for trails confined to foot travel along, and Harb, and Chip Markell of the Depart- tions, in the case of Elim Native Corporation which may be established along each bank there are unique circumstances and special of, the Tubutulik River and Clear Creek. ment of the Interior, Roy Jones and Jeff Petrich, minority chief counsel equities which justify this legislation. Such trails shall be 25 feet wide and upland Without the knowledge or consent of the Es- of the ordinary high waterline of the water and committee staff, for their commit- kimo village of Elim, President Hoover deleted courses. The trails may deviate from the ment to resolve this important land 50,000 acres from the Norton Bay Reservation banks as necessary to go around man-made issue for the Elim Native Corporation. or natural obstructions or to portage around H.R. 3090 will authorize the Elim Na- in 1929. Although the 1971 Alaska Native hazardous stretches of water. The easements tive Corporation, a village corporation Claims Settlement Act provided for the con- shall also include one-acre sites along the established under section 19(b) of the veyance of 300,000 acres to Elim Native Cor- water courses at reasonable intervals, se- poration, reflecting the boundaries of the Nor- lected in consultation with Elim, which may Alaska Native Claims Settlement Act, to select and have conveyed to it 50,000 ton Bay Reservation as it existed at that time, be used to launch or take out water craft the residents of Elim have long been seeking from the water courses and to camp in non- acres of Federal land in an area north permanent structures for a period not to ex- of the former Norton Bay Reservation. to have the deleted lands restored. ceed 24 hours without the consent of Elim. This acreage will replace 50,000 acres While the Department of the Interior has ‘‘(E) INHOLDERS.—The owners of lands held deleted from the reservation in 1929 by maintained that Elim does not have a legal en- within the exterior boundaries of lands con- executive order from the reservation titlement to the additional 50,000 acres, it is veyed to Elim shall have all rights of ingress established for the benefit and use of my understanding that they, along with the and egress to be vested in the inholder and State of Alaska, are now prepared to support the inholder’s agents, employees, co-ven- the people whose descendents are today the shareholders of the Native Village this legislation as a matter of equity. turers, licensees, subsequent grantees, or And there does appear to be substantial eq- invitees, and such easements shall be re- Corporation. This bill would also served in the conveyance to Elim. The amend ANCSA to permit shareholder uities in this case. According to Don Mitchell, inholder may not exercise the right of in- common stock to be transferred to a historian and former counsel to the Alaska gress and egress in a manner that may result adopted-out native children and de- Federation of Natives, the deletion of 50,000 in substantial damage to the surface of the scendents. acres from the Norton Bay Reservation is lands or make any permanent improvements ``one of the most grievous cases of social and on Conveyance Lands without the prior con- b 1045 economic injustice'' in Alaska history. sent of Elim. The last provision of the bill would Because the original reservation lands are ‘‘(F) IDITAROD TRAIL.—The Bureau of Land amend the definition of ‘‘settlement no longer available for selection, the bill pro- Management may reserve an easement for trust’’ under ANCSA to permit Native vides for an alternative conveyance of 50,000 the Iditarod National Historic Trail in the conveyance to Elim. Corporations to establish settlement acres which are adjacent to the corporation's ‘‘(7) IMPLEMENTATION.—There are author- trusts in which potential beneficiaries existing lands. As amended, the bill incor- ized to be appropriated such sums as may be include shareholders, Natives and the porates language which has been negotiated necessary to implement this subsection.’’. descendants of Natives. Because with the Department of the Interior and in- SEC. 2. COMMON STOCK TO ADOPTED-OUT DE- ANCSA was enacted to benefit all Na- cludes important conservation safeguards SCENDANTS. tives, this amendment is in keeping such as easements for public access, restric- Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act (43 U.S.C. with that original intent of that legis- tions on commercial timber harvest, and non- 1606(h)(1)(C)(iii)) is amended by inserting be- lation. development buffers on river corridors. fore the period at the end the following: ‘‘, At the same time, the interests of Mr. Speaker, I would be remiss without rec- notwithstanding an adoption, relinquish- the Alaska Native Corporation share- ognizing the crucial role of Representative

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DON YOUNG in developing this legislation. The projects for development and implementa- under this section for the 4th and 5th fiscal villagers of Elim have a strong champion as tion under this section shall be conducted on years for which such amounts are available. the Chairman of the Committee on Resources the basis of— The SPEAKER pro tempore. Pursu- (1) assisting entities in their compliance ant to the rule, the gentleman from and without his dedication to their cause we with the Endangered Species Act of 1973 (16 would not be here on the House floor today. U.S.C. 1531 et seq.); New Jersey (Mr. SAXTON) and the gen- I urge that my colleagues support the bill. (2) cost effectiveness; tleman from Oregon (Mr. DEFAZIO) Mr. Speaker, I yield back the balance (3) size of diversion; each will control 20 minutes. of my time. (4) availability of other funding sources; The Chair recognizes the gentleman Mr. YOUNG of Alaska. Mr. Speaker, I and from New Jersey (Mr. SAXTON). have no further requests for time, and (5) opportunity for biological benefit to be GENERAL LEAVE I yield back the balance of my time. achieved with improved conditions. Mr. SAXTON. Mr. Speaker, I ask The SPEAKER pro tempore (Mr. (e) REQUIREMENTS.—A fish screen, fish passage device, or related feature shall not be unanimous consent that all Members HOBSON). The question is on the motion eligible for funding under subsection (a) may have 5 legislative days within offered by the gentleman from Alaska unless— which to revise and extend their re- (Mr. YOUNG) that the House suspend (1) it meets the requirements of the United marks on H.R. 1444, and to include ex- the rules and pass the bill, H.R. 3090, as States Fish and Wildlife Service or the Na- traneous material. amended. tional Marine Fisheries Service, as applica- The SPEAKER pro tempore. Is there The question was taken; and (two- ble, and any State requirements; and objection to the request of the gen- thirds having voted in favor thereof) (2) it is agreed to by all interested Federal tleman from New Jersey? the rules were suspended and the bill, and non-Federal entities. (f) COST SHARING.— There was no objection. as amended, was passed. (1) IN GENERAL.—(A) Development and im- Mr. SAXTON. Mr. Speaker, I yield A motion to reconsider was laid on plementation of projects under this section myself such time as I may consume. the table. on lands owned by the United States shall be Mr. Speaker, H.R. 1444, as amended f at full Federal expense. by the Committee on Resources, will (B) The non-Federal share of the cost of de- authorize the Secretary of Interior, AQUATIC RESOURCES RESTORA- velopment and implementation of any TION IN THE NORTHWEST AND working through the Fish and Wildlife project under this section on lands that are Service and in consultation with the CALIFORNIA not owned by the United States shall be 35 Bureau of Reclamation, to implement Mr. SAXTON. Mr. Speaker, I move to percent. (2) IN-KIND CONTRIBUTIONS.—(A) For any projects to construct fish screens, fish suspend the rules and pass the bill passage devices and other related (H.R. 1444) to authorize the Secretary project under this section on lands that are not owned by the United States, the non- measures to mitigate the effects of of the Army to develop and implement Federal participants shall provide any lands, water diversions caused by irrigation projects for fish screens, fish passage easements, rights-of-way, dredged material systems. devices, and other similar measures to disposal areas, and relocations that are nec- The bill was introduced by my good mitigate adverse impacts associated essary for the project. friend, the gentleman from Oregon (Mr. (B) The value of lands, easements, rights- with irrigation system water diver- DEFAZIO) and the gentleman from Or- sions by local governmental entities in of-way, dredged material disposal areas, and relocations provided under this paragraph egon (Mr. WALDEN), both of whom are the States of Oregon, Washington, going to speak and explain the legisla- Montana, and Idaho, as amended. for a project shall be credited toward the non-Federal share of the costs of the project tion. But I would like to commend The Clerk read as follows: under paragraph (1). them both for the hard work that they H.R. 1444 (3) OMRR&R.—(A) The non-Federal inter- have put into this effort. Without Be it enacted by the Senate and House of ests shall be responsible for all costs associ- them, surely the bill would not be here Representatives of the United States of America ated with operating, maintaining, repairing, on the floor today. in Congress assembled, rehabilitating, and replacing all projects car- Mr. Speaker, State and Federal law SECTION 1. AQUATIC RESOURCES RESTORATION ried out under this section on lands that are IN THE NORTHWEST AND IN CALI- not owned by the United States. currently require the installation of FORNIA. (B) Costs associated with operating, main- fish screens on many irrigation diver- (a) IN GENERAL.—In cooperation with other taining, repairing, rehabilitating, and re- sions for agriculture to protect migrat- Federal agencies, the Secretary of the Inte- placing all projects carried out under this ing juvenile salmon. While the Federal rior, acting through the Director of the section on lands owned by the United States and State agencies responsible for United States Fish and Wildlife Service and shall be a Federal expense. managing the Columbia River system in consultation with the Bureau of Reclama- (g) CONSULTATION AND USE OF EXISTING have worked diligently to install fish tion, may develop and implement projects DATA AND STUDIES.—In carrying out this sec- for fish screens, fish passage devices, and re- tion, the Secretary shall consult with other screens and fish passage devices, more lated features agreed to by non-Federal in- Federal, State, and local agencies and make work is urgently needed. terests, relevant Federal agencies, and af- maximum use of data and studies in exist- H.R. 1444 would allow State and Fed- fected States to mitigate adverse impacts to ence on the date of enactment of this Act. eral agencies to continue installing fisheries resulting from the construction and (h) LIMITATION ON ELIGIBILITY FOR FUND- fish screens and fish passage devices. operation of water diversions by local gov- ING.—No project applicant pursuant to this Furthermore, the Secretary will be re- ernmental entities in the States of Oregon, section may obtain funds under this section quired to consult with other Federal, if they are also receiving funds from another Washington, Montana, Idaho, and California. State, and local agencies to make max- Priority shall be given to any project that federally funded program for the same pur- has a total cost of less than $2,500,000. pose. imum use of data and studies in exist- (b) GOALS.—The goals of the program (i) AUTHORIZATION OF APPROPRIATIONS.— ence on the date of enactment of this under subsection (a) shall be— (1) IN GENERAL.—There are authorized to be act. (1) to decrease the incidence of juvenile appropriated to carry out this section I believe this bill will help protect and adult fish entering water supply sys- $25,000,000 for each of fiscal years 2001 the salmon resources of the Pacific tems; and through 2005. Northwest while allowing the agri- (2) LIMITATIONS.—(A) Not more than 1⁄3 of (2) to decrease fish mortality associated culture industry to continue its oper- with the withdrawal of water for irrigation the total amount of funds appropriated and other purposes without impairing the under this section may be used for projects ations. This is a noncontroversial bill continued withdrawal of water for that pur- in any single State. and I hope everyone will support it. pose. (B) Not more than 6 percent of the amount Mr. Speaker, before I reserve the bal- (c) PARTICIPATION BY NON-FEDERAL ENTI- of funds appropriated under this section for a ance of my time, let me just make note TIES.—Non-Federal participation in the pro- fiscal year may be used for administration of that Marcia Stewart, who is here with gram under subsection (a) shall be vol- this section. us today, legislative assistant to the untary. The Secretary shall take no action (3) INTERIM REPORT.—Upon the expiration chief counsel, has done yeoman’s work that would result in any non-Federal entity of the 3d fiscal year for which amounts are on this bill and has been a great help to being held financially responsible for any ac- available to carry out this section, the Sec- tion unless the entity applies to participate retary of the Interior shall report to the all of us over the last several years in the program. Congress describing the accomplishments to since she has been with us. She came to (d) EVALUATION AND PRIORITIZATION OF date under this section and the projects that us 6 years ago in 1993, and has been ex- PROJECTS.—Evaluation and prioritization of will be completed with amounts provided tremely successful. As a matter of fact,

VerDate 29-OCT-99 05:30 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.105 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11721 the last bill that she staffed for us here ing the farmers who are voluntarily Mr. THOMPSON of California. Mr. on the floor passed 412 to 0. So, Mr. seeking measures to protect these Speaker, I thank the gentleman from Speaker, we are pleased that she has stocks, albeit at great financial cost. Oregon (Mr. DEFAZIO) for yielding me been with us and such a productive Under H.R. 1444, the United States this time. He has been on the forefront member of our staff and we will cer- Fish and Wildlife Service and the Bu- leading this effort to help the salmon tainly miss her. reau of Reclamation would be allowed fisheries throughout the entire Pacific Mr. Speaker, I reserve the balance of to develop and implement projects for Northwest, and for that I am greatly my time. fish screens, fish passage devices, and appreciative. Mr. DEFAZIO. Mr. Speaker, I yield other facilities in the States of Oregon, Mr. Speaker, virtually every salmon myself such time as I may consume. Washington, Montana, Idaho and Cali- stock in northern California has been Mr. Speaker, this bill does have fornia. These fish screens would pre- added to the endangered species list. strong bipartisan support in both the vent juvenile and adult salmon from State and Federal regulations have cut House and the Senate. And shortly, we passing through irrigation diversions fishing effort to an all-time low and will hear from the gentleman from Or- and gaining access to ditches and water this has had a devastating impact on egon (Mr. WALDEN), my colleague. He intake devices. the area that I represent in California, and I are the original cosponsors of Mr. Speaker, presently, irrigation not just for the sport and the commer- this legislation in the House. districts throughout the West are being cial fisheries, but for virtually every H.R. 1444 would set up a fish screen mandated to comply with the Endan- industry or every community of inter- construction program for irrigation gered Species Act. In order to comply est that has to operate in that part of projects in Idaho, Washington, Mon- with the ESA and other regulations, ir- these great United States. tana, Oregon, and California. rigation districts are required to con- Mr. Speaker, we need to do every- This is a bill that is good news for struct these sophisticated devices to thing that we possibly can to help salmon, other fish species which are on prevent salmon and other fish from bring back the salmon stocks in the the verge of being endangered or gaining access to their ditches. The Pacific Northwest, and my district is threatened, and good news for local construction of these devices come at no different. This is one very impor- economies, for farmers, and good news great expense to the farmers, without tant step to be able to provide help for for the Federal taxpayers. any return on their capital costs. screening in regard to water diversions. Under H.R. 1444, farmers would be al- It requires a local match share of 35 It is going to help a great deal. It is not lowed to enter into voluntary agree- percent. But with the Federal Govern- only going to help the coastal area ments with the U.S. Fish and Wildlife ment investing these funds in the fish that I represent, but the inland area as Service or the Bureau of Reclamation screens, ultimately we may avoid the well. to share the costs of construction of endangerment of numerous species of Mr. Speaker, I would like to com- these fish screen devices. Privately fish and help promote the recovery of mend the gentleman from Oregon (Mr. held lands and irrigation districts salmon. Today, many of these irriga- DEFAZIO) and ask all of my colleagues would have to put up 35 percent of the tion diversions are unscreened and to vote in support of this measure. cost with the government paying the salmon smolts do not do too well when Mr. DEFAZIO. Mr. Speaker, I yield remainder. they are pulled out of the main stem of myself such time as I may consume. The farmers in my district, including the Columbia or one of its tributaries Mr. Speaker, I thank the gentleman those belonging to the Lower Valley and deposited into an irrigation ditch from California (Mr. THOMPSON). He Ditch District in Wallowa County and or an irrigation project which does not has been a real force in helping to Talent Irrigation District in Jackson return directly to the river or the trib- move this legislation forward, and par- County say this is exactly the type of utary. assistance they need to help them be ticularly in making certain that his Mr. Speaker, this simple step will able to protect these salmon and other State and his district are included prevent that in the future. We should fish in the rivers and streams. within the scope of the legislation. be screening all the diversions on fish- They are not looking for a way to Without his perseverance, that would bearing rivers in the Northwest and avoid ESA; they are merely looking for not have happened. into California because we are invest- an affordable way to provide the sys- Mr. Speaker, at this time I would ing hundreds of millions, ultimately tems to help prevent the loss of fish. like to thank a few staff who helped billions of dollars elsewhere to help re- This cost-share program gives our with the issue. Although this would cover these species. But for the lack of farmers in the West some assistance in seem kind of like a no-brainer since it a few dollars being spent at each of building these environmentally friend- is good for fish, the farmers, the econ- these diversions on both Federal lands ly fish screening devices, while simul- omy and the Federal taxpayers, it was and private lands, many of those dol- taneously easing the burden of taking not easy working with the numerous lars are not being spent as effectively affirmative, proactive actions. It is a agencies of jurisdiction and potential as they could. win/win proposal for the fish and the jurisdiction, and it took a while to So, this legislation is a win/win for farmers. wend our way through this maze. So both the fish and the farmers and the Mr. Speaker, I strongly support pas- Cynthia Suchman, Ben Grumbles, Bob taxpayers, and I recommend it to my sage of H.R. 1444, the DeFazio-Walden Faber, Steve Lanich, and Kathie East- colleagues. fish screen bill. man of my staff were all key with help- Mr. Speaker, I reserve the balance of Mr. DEFAZIO. Mr. Speaker, I yield ing move this bill forward. my time. myself such time as I may consume. Mr. Speaker, I yield back the balance Mr. SAXTON. Mr. Speaker, I yield Mr. Speaker, I thank the gentleman of my time. such time as he may consume to the from Oregon (Mr. WALDEN) for his as- Mr. SAXTON. Mr. Speaker, I have no gentleman from Hood River, Oregon sistance in drafting and moving this further requests for time, and I yield (Mr. WALDEN). bill through the House. As he pointed back the balance of my time. Mr. WALDEN of Oregon. Mr. Speak- out, the need is great. In fact, numbers The SPEAKER pro tempore. The er, it is sure nice to stand here today I have seen estimate that we could question is on the motion offered by and recognize that we have built a spend more than twice the amount of the gentleman from New Jersey (Mr. partnership that will actually get money allocated for these five states in SAXTON) that the House suspend the things done, and I want to commend Oregon alone to take care of this prob- rules and pass the bill, H.R. 1444, as the gentleman from Oregon (Mr. lem. So this is not an ultimate solu- amended. DEFAZIO), my colleague, for his work tion, but it is a down payment and The question was taken; and (two- on this legislation and thank him for something that will help us move along thirds having voted in favor thereof) his involvement in this. in protecting these fish in the Pacific the rules were suspended and the bill, Mr. Speaker, I rise in support of H.R. Northwest and in northern California. as amended, was passed. 1444, a bill that will help protect the Mr. Speaker, I yield such time as he The title of the bill was amended so threatened and endangered salmon may consume to the gentleman from as to read: ‘‘A bill to authorize the Sec- stocks on the West Coast while assist- California (Mr. THOMPSON). retary of the Interior to plan, design,

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Mr. Speaker, I yield simple Kentucky farmer could rise to devices, and related features to miti- myself such time as I may consume. the heights of President, and the son of gate adverse impacts associated with Mr. Speaker, H.R. 2879 directs the a slave could inspire future generations irrigation system water diversions by Secretary of the Interior to insert on with the power of his words and his local governmental entities in the the steps of the Lincoln Memorial a compassion.’’ States of Oregon, Washington, Mon- plaque, a plaque that would commemo- Mr. Speaker, it is hard to imagine tana, Idaho, and California.’’. rate the speech of Dr. Martin Luther that school children and Americans A motion to reconsider was laid on King, Jr., known as the ‘‘I Have A from all over this country could come the table. Dream’’ speech. and walk in this most important spot f Several years ago, the gentleman in this Capital, see where our leaders from Georgia (Mr. LEWIS), who was have changed the course of this coun- b 1100 present and was one of the speakers try’s history, and not have a recogni- COMMEMORATING THE ‘‘I HAVE A that famous day in 1963 along with Dr. tion that, on that spot, on those steps DREAM’’ SPEECH AT THE LIN- King, was instrumental in a campaign was a place where Dr. Martin Luther COLN MEMORIAL by school children and others in estab- King gave his ‘‘I Had A Dream’’ speech. Mr. HANSEN. Mr. Speaker, I move to lishing a permanent exhibit at the Lin- For many of these children, it might suspend the rules and pass the bill coln Memorial commemorating the im- be the first time that they ever really (H.R. 2879) to provide for the placement portant civil rights events, including would be called to understand what at the Lincoln Memorial of a plaque the ‘‘I Have A Dream’’ speech that oc- ‘‘that place in history’’ meant. But for those of us that can remem- commemorating the speech of Martin curred at the Memorial. ber the changes that went on between Luther King, Jr., known as the ‘‘I Have It is our understanding that H.R. 2879 1960 and 1965 and the role that Dr. Mar- A Dream’’ speech. is noncontroversial and that it is contin Luther King had in calling us for- The Clerk read as follows: sistent with what has been done pre- ward to change the laws of this country H.R. 2879 viously at the Memorial to commemorate similar events. and the practices that separated us so Be it enacted by the Senate and House of badly, it is important that all Ameri- Representatives of the United States of America I strongly support passage of this leg- in Congress assembled, islation and this permanent commemo- cans recognize that spot and that lead- SECTION 1. ADDITION OF PLAQUE AT LINCOLN ration of that historic speech in Amer- er and the difference that he made in MEMORIAL COMMEMORATING MAR- ican history. this country. TIN LUTHER KING, JUNIOR’S, I HAVE Mr. HANSEN. Mr. Speaker, I have no A DREAM SPEECH. Mr. Speaker, I reserve the balance of my time. other requests for time, and I yield (a) PLACEMENT OF PLAQUE.—The Secretary back the balance of my time. of the Interior shall insert on the steps of Mr. HANSEN. Mr. Speaker, I am Mr. DEFAZIO. Mr. Speaker, I yield the Lincoln Memorial in the District of Co- happy to yield such time as she may such time as he may consume to the lumbia a suitable plaque to commemorate consume to the gentlewoman from gentleman from Georgia (Mr. LEWIS). the speech of Martin Luther King, Jr., Kentucky (Mrs. NORTHUP), the author known as the ‘‘I Have A Dream’’ speech. The Mr. LEWIS of Georgia. Mr. Speaker, of this legislation. I want to thank the gentleman from plaque shall be placed at the location on the Mrs. NORTHUP. Mr. Speaker, all of steps where Martin Luther King, Jr., deliv- Oregon for yielding me this time. I ered the speech on August 28, 1963. us are touched each year as we see how want to thank the gentleman from many Americans, particularly school (b) ACCEPTANCE OF CONTRIBUTIONS.—The Utah (Mr. HANSEN) for bringing this Secretary of the Interior may accept con- children, come to Washington to, not legislation along with the gentleman tributions to help defray the cost of pre- just view the buildings, but to be in- from Oregon before us. paring the plaque and inserting the plaque spired by our history and be inspired to It is fitting and appropriate that a on the steps of the Lincoln Memorial as re- become leaders themselves. plaque be placed near the statue of Lin- quired by subsection (a). Amounts received They move around this city, they shall be credited to the appropriation sup- coln near the Lincoln Memorial in porting the maintenance and operation of come to this Capitol, they come to our honor of the speech ‘‘I Have A Dream’’ the Lincoln Memorial. memorials, and they are reminded as by Dr. Martin Luther King, Jr. That The SPEAKER pro tempore (Mr. they stand in the places that previous speech was delivered on August 28, 1963, leaders have stood, as they understand HOBSON). Pursuant to the rule, the gen- on a very hot summer day. what role those leaders had in the his- tleman from Utah (Mr. HANSEN) and On that day, Martin Luther King, Jr., the gentleman from Oregon (Mr. tory of this country. spoke from his soul. He spoke from his I had a constituent that came to DEFAZIO) each will control 20 minutes. heart. He said, ‘‘I have a dream that is The Chair recognizes the gentleman Washington in 1997, and he wrote me deeply rooted in an American dream.’’ from Utah (Mr. HANSEN). the most moving letter, and I would I was there that day, 23 years old. Mr. HANSEN. Mr. Speaker, I yield like to read a couple of paragraphs When Martin Luther King, Jr., stood to myself such time as I may consume. from that letter. speak, he was not just speaking for Mr. Speaker, I rise in support of H.R. He said, ‘‘My wife and I walked to the himself, he was speaking for all Ameri- 2879, introduced by the gentlewoman Lincoln Memorial where, at the steps cans, not just for those of us 36 years from Kentucky (Mrs. NORTHUP). of the Memorial to one of our Nation’s ago now, but he was speaking for ongo- H.R. 2879 would provide for the place- greatest Presidents, Martin Luther ing generations. ment at the Lincoln Memorial of a King delivered the ‘I Have A Dream’ So this plaque, ‘‘I Have A Dream’’ plaque commemorating the speech of speech. plaque, would inspire generations yet Martin Luther King, Jr., known as the ‘‘I looked for the spot on which Mar- unborn, inspire young children, would ‘‘I Have A Dream’’ speech. The plaque tin Luther King stood when he spoke. I help make us one Nation, one people, would be placed in an appropriate loca- looked for a marker to remind me and one family, the American family, the tion on the steps of the Lincoln Memo- others for a single moment on a hot American community. rial where Dr. King delivered his fa- August day, a descendant of a slave It is my hope that all of our col- mous civil rights speech on August 28, held the most prominent space in our leagues would join in together and sup- 1963. Nation and delivered words that will port this little piece of legislation, This bill also directs the Secretary of always stay with that space. I could that it would serve as a footnote, but the Interior to accept contributions to not find a marker or the words on that more than a footnote, it would serve as help offset any costs associated with step.’’ a page in the history of our long strug- the preparation and placement of the Later in his letter, he said that ‘‘I gle toward creating a sense of commu- plaque. saw a day when I would bring my yet nity, the beloved community. Mr. Speaker, this is an important bill unborn children to the spot where Mar- Mr. Speaker, I again want to thank and has bipartisan support. I urge all tin Luther King spoke, and I could these two wonderful men for bringing my colleagues to support H.R. 2879. show them that marker and read them this legislation before us today. Mr. Speaker, I reserve the balance of the words of his dream. I could tell Mrs. NORTHUP. Mr. Speaker, along with my time. them that this is still a Nation where a my earlier comments on the need for passage

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of H.R. 2879, I submit for the RECORD the let- could tell him that this is still a nation exercise oversight responsibilities and con- ter I received from Thomas Williams who where a simple Kentucky farmer could rise duct hearings, and take appropriate steps if came up with the idea for the need of a mark- to the heights of President and a son of a necessary, concerning private companies er on the Lincoln Memorial to commemorate slave could inspire future generations with that are involved in the trafficking of baby the power of his words and his compassion. body parts for profit. the ``I have a Dream'' speech of Martin Luther My vision and these thoughts I share with King on August 28, 1963. The SPEAKER pro tempore. Pursu- you are personal—but far from novel. Per- ant to the rule, the gentleman from Beyond paying respect to Dr. King, this bill haps something like this is already in the offers acknowledgment that our legislative sys- works and I am simply unaware. In any New York (Mr. FOSSELLA) and the gen- tem works as planned. For only in the United event, I am writing for some practical sug- tlewoman from Colorado (Ms. States can an idea of an interested individual gestions for bringing this vision to a reality. DEGETTE) each will control 20 minutes. result in good legislation, and I am hopefulÐ Sincerely, The Chair recognizes the gentleman law. I thank Mr. Williams for his contribution to TOM WILLIAMS. from New York (Mr. FOSSELLA). his country and to the future of our nation. Mr. DEFAZIO. Mr. Speaker, I yield GENERAL LEAVE NOVEMBER 30, 1998. back the balance of my time. Mr. FOSSELLA. Mr. Speaker, I ask DEAR REPRESENTATIVE NORTHUP: In Octo- The SPEAKER pro tempore. The unanimous consent that all Members ber of 1997 my wife and I visited Washington, question is on the motion offered by may have 5 legislative days within D.C. The city, with its buildings, statues and the gentleman from Utah (Mr. HANSEN) which to revise and extend their re- monuments, was rich with symbolism. De- that the House suspend the rules and marks on H. Res. 350 and to insert ex- spite the vastness of the space and the beau- pass the bill, H.R. 2879. traneous material on the resolution. ty of its design, what struck me most during the trip was a single man sitting on the steps The question was taken; and (two- The SPEAKER pro tempore. Is there of the Capitol. He sat there in plain view of thirds having voted in favor thereof) objection to the request of the gen- the police with a sign indicating (if memory the rules were suspended and the bill tleman from New York? serves me) that he had fought in the Viet was passed. There was no objection. Nam war but was not now receiving vet- A motion to reconsider was laid on Mr. FOSSELLA. Mr. Speaker, I yield eran’s benefits. The guard there indicated it the table. myself such time as I may consume. wasn’t true, but what struck me most was f Mr. Speaker, I rise in support of H. the fact that a single citizen could sit peace- Res. 350, a much-needed resolution fully on the steps of the Capitol without GENERAL LEAVE which would bring greater attention to being escorted away because he was unwor- thy of the space he selected to rest. There, Mr. HANSEN. Mr. Speaker, I ask a sordid trade in the bodies of aborted literally on the threshold of our nation’s unanimous consent that all Members babies. I salute the gentleman from most-powerful leaders, he sat. Other nations, may have 5 legislative days within Colorado (Mr. TANCREDO) for working I thought, might be embarrassed by the which to revise and extend their reso diligently to bring this matter to scene. Nevertheless, I somehow felt that I marks on H.R. 2879 and add any extra- the attention of the House. had witnessed—there on the steps—a living neous material that they so desire. I have a copy of a brochure from a testament to our freedom and our greatness. The SPEAKER pro tempore. Is there company called Opening Lines recently Later that day, my wife and I walked to the Lincoln Memorial where, at the steps of objection to the request of the gen- of West Frankfurt, Illinois, which has the memorial to one of our nation’s greatest tleman from Utah? now moved its base of operations to an presidents, Martin Luther King delivered the There was no objection. undisclosed location. This brochure ‘‘I Have A Dream Speech’’. I looked for the f boasts, ‘‘Our goal is to offer you and spot on which Martin Luther King stood your staff the highest quality, most af- when he spoke. I looked for a marker to re- SENSE OF HOUSE REGARDING THE fordable, and freshest tissue, prepared mind me and others that—for a single mo- TRAFFICKING OF BABY PARTS to your specifications, and deliver it in ment on a hot August day—a descendent of a Mr. FOSSELLA. Mr. Speaker, I move the quantities you need when you need slave held the most prominent space in our to suspend the rules and agree to the nation and delivered words that will always it.’’ stay with that space. I couldn’t find a mark- resolution (H. Res. 350) expressing the This company was founded, according er or the words on those steps. sense of the House of Representatives to its brochure, ‘‘in order to provide a Several months later at my home in Louis- with respect to private companies in- convenient and efficient way for re- ville, Kentucky, I attended a service at the volved in the trafficking of baby body searchers to receive fetal tissue with- Cathedral of the Assumption in which the parts for profit. out a lot of bureaucracy.’’ Church celebrated a moment of personal rev- The Clerk read as follows: The brochure explains that, ‘‘We elation by Thomas Merton, the monk. Forty H. RES. 350 have simplified the process for pro- years earlier, when walking out of the Starks building on what was then 4th and Whereas the National Institutes of Health curing fetal tissue. We do not require a Walnut, he realized in a profound way that Revitalization Act of 1993 effectively lifted copy of your IRB approval or summary we are all one. The Church celebrated the the ban on federally funded research involv- of your research, and you are not re- 40th anniversary of that event with a simple ing the transplantation of baby body parts, quired to cite Opening Lines of the Mass and marker. To me, the service and the and such Act made it a Federal felony for source of tissue when you publish your marker were both reminders that the ordi- any person to knowingly, for ‘‘valuable con- work. We believe in word-of-mouth ad- nary space we sometimes occupy can become sideration,’’ purchase or sell baby body parts (with a term of imprisonment of up to 10 vertising. If you like our service, you forever changed by the deeds of a person who will tell your colleagues.’’ stood there. I am confident it was no acci- years and with fines of up to $250,000 in the dent that the Church waited 40 years to com- case of an individual and $500,000 in the case Mr. Speaker, Congress has spoken memorate the event. of an organization); forcefully on the matter of selling My visit to Washington and my attendance Whereas private companies have sought to aborted baby parts before. There is no at the Merton mass sparked a vision and a meet the demand by both public and private question that it is illegal in the United question in my mind. Wouldn’t it be right to research facilities by providing baby body States for any person to buy or sell celebrate the 40th year of Martin Luther parts; fetal tissue effecting interstate com- Whereas the definition of ‘‘valuable consid- King’s ‘‘I Have a Dream’’ speech with a cere- merce. mony and a marker at the footsteps of the eration’’ under the National Institutes of Lincoln Memorial? The anticipation and Health Revitalization Act of 1993 does not in- Yet, the documents we have here planning of such an event might lead to col- clude reasonable payments associated with show very clearly that, if this is true, lective good. In my mind’s eye, I saw a day the transportation, implantation, proc- that anyone can buy whatever part of a in which the ‘‘I Have A Dream’’ speech would essing, preservation, quality control, or stor- dead baby may be decided. According be delivered again for those who have never age of baby body parts; and to this brochure, it is $50 for ears, $150 heard it. I saw a day in which Martin Luther Whereas private companies appear to be- for lungs and hearts, $325 for a spinal King might be remembered for the inspira- lieve that the definition of ‘‘valuable consid- column, and a pair of eyes cost $50. But tion he provided to all of our citizens. eration’’ allows them to circumvent Federal the buyer is offered a 40 percent dis- Looking even further into the future, I saw law and avoid felony charges with impunity a day when I could bring my yet unborn chil- while trafficking in baby body parts for prof- count for a single eye. Prices are in ef- dren to that spot where Martin Luther King it: Now, therefore, be it fect through December 31, 1999. spoke and I could show them that marker Resolved, That it is the sense of the House Mr. Speaker, companies like Opening and read them the words of his dream. I of Representatives that the Congress should Lines and their main competitor, the

VerDate 29-OCT-99 05:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.106 pfrm02 PsN: H09PT1 H11724 CONGRESSIONAL RECORD — HOUSE November 9, 1999 so-called Anatomic Gift Foundation, As I stated in the colloquy, any way significant advances in the treatment play a significant role in destroying we interpret this resolution, the unlaw- of Parkinson’s Disease and even in the sanctity of innocent human life ful sale of either children, of children’s more potential advances for Alz- and apparently profit from this illicit organs, or of fetal tissue would be ille- heimer’s, diabetes, and many other se- activity even though it is illegal to buy gal under Federal statutes. Murdering rious medical conditions. There is a and sell fetal tissue. children would be illegal under 18 USC wide range of disorders and diseases According to Opening Lines, ‘‘Our Section 1958(a) and, in fact, it would be that may benefit from fetal tissue daily average case volumes exceeds a capital offense under Federal law. transplantation research, including 1,500, and we serve clinics across the Unlawful purchase of human organs is Alzheimer’s disease, Huntington’s dis- United States.’’ also unlawful under 42 USC Section ease, spinal cord injuries, leukemia, How are they getting around the law? 274(e)(a), and, as noted by the gen- Down’s syndrome, Tay-Sachs disease, I think Congress and the American tleman from New York, it is also ille- hemophilia, epilepsy, cancer, and per- people deserve to know. gal to profit from the sale of organs or haps even brain damage caused by an Finally, Mr. Speaker, I know a lot of fetal tissues under 42 USC Section 289g- accident or a stroke. folks in this body, a lot of Members 2(a). Those who partake in this illegal Scientists estimate that fetal tissue come down and speak so eloquently activity are subject to fines, 10 years in transplants could help approximately 1 and passionately when it comes to such prison or both. And, obviously, it is a million Parkinson’s disease patients, things as cruelty to animals, and in Federal crime to murder anybody, in- 2.5 to 3 million people affected with many ways they are justified in their cluding babies or small children. Alzheimer’s, 25,000 people suffering eloquence and their beliefs. I would The reason I raise this issue in this from Huntington’s disease, 600,000 Type just hope that those same Members way is because what we are discussing I diabetics, 400,000 stroke victims, and come down to this floor and speak as here today is a serious issue of medical several hundred thousand persons who eloquently and passionately when it ethics, and I think that it is incumbent have suffered a spinal cord injury. comes to the destruction and cruelty upon all of us in Congress to make sure As the co-chair of the Congressional to innocent human beings. that proper protocols are being fol- Diabetes Caucus and, more impor- I ask my colleagues to cast their tantly, as the mother of a 5-year-old votes in support of H. Res. 350 and ask lowed with respect to research and that child who could benefit significantly that we work together to shed more no illegal activity is occurring. How- light on this industry that has been op- ever, the use of inflammatory and im- from appropriate fetal tissue research, erating in the shadows of darkness. precise language in resolutions such as I want to ensure, and I know my col- Mr. Speaker, I reserve the balance of this one does nothing to ensure that leagues want to ensure, that this crit- my time. these laws are being enforced or that ical research continues in an ethical Ms. DEGETTE. Mr. Speaker, I yield proper controls are in place. In fact, we manner so that we may find a cure for myself such time as I may consume. do not even need to consider a resolu- diabetes, Parkinson’s disease, Alz- Mr. Speaker, I am wondering if my tion in Congress to request an over- heimer’s disease, and these many, colleague from Colorado (Mr. sight hearing. many other diseases in the near future. TANCREDO) would be available to en- If, indeed, illegal acts are occurring, Again, if there is illegal activity gage in a short colloquy with me. then the oversight and investigation going on, we should fully investigate Mr. Speaker, I just would like to try subcommittee of the Committee on it. But let us not cloud this issue with to clarify the intent behind this resolu- Commerce, of which I am a member hyperbole or inaccurate language. Let tion before I make my statement. The and I believe the gentleman from New us make sure that all of the protocols reason is because, as I read the resolu- York is also a member, should inves- are being followed and illegal activity tion, it says that it is a Federal crime tigate these acts and any violation of is not going on. for any person to knowingly for valu- Federal law should be prosecuted to Mr. Speaker, I reserve the balance of able consideration purchase or sell, the fullest extent of the law. my time. quote, ‘‘baby body parts,’’ and then it When fetal research was legalized in Mr. FOSSELLA. Mr. Speaker, I yield goes on. 1993, in the NIH Revitalization Act, a myself 15 seconds just to respond that When I read this, I went and looked portion of that legislation established if anybody wants to use inflammatory at the Federal statutes. I found no Fed- the conditions under which federally- language, that is not our intent, but eral statute which criminalizes specifi- funded fetal tissue research can take this, again, is the price list from Open- cally selling ‘‘baby body parts.’’ place. This law provides that it should ing Lines: A brain is $999, a kidney is I was wondering if the gentleman be unlawful for any person to know- $125, eyes at 8 weeks are $50, 40 percent from Colorado (Mr. TANCREDO) was ingly acquire, receive, or otherwise discount for a single eye. That is the talking about either some insidious transfer any human fetal tissue for val- issue before us, Mr. Speaker. plot to take babies and kill them, and uable consideration. Specifically, it Mr. Speaker, I yield 41⁄2 minutes to horribly, to sell the body parts; or if prohibits the purchase of human fetal the gentleman from Colorado (Mr. the gentleman was referring to the un- tissue. It is interesting to note that a TANCREDO). lawful purchase of human organs as it GAO report issued in 1997 determined Mr. TANCREDO. Mr. Speaker, I would apply to minors, or, as I suspect that these requirements were in fact thank the gentleman for yielding me from what the gentleman from New being met and no further complaints this time. York (Mr. FOSSELLA) said, that the have been issued or detected, according Mr. Speaker, if I were to tell my col- gentleman may be talking about the to the NIH. leagues that human bodies were being unlawful sale of organs or fetal tissues We called the company, Opening dissected and that the parts were being is prohibited by statute. Lines, which the gentleman referred to methodically catalogued, preserved b 1115 in his opening statement, and we and sold for profit, they might well re- coil at such a picture. They might Mr. TANCREDO. Mr. Speaker, will learned that they have closed their of- think I was referring to the grotesque the gentlewoman yield? fices and could find no other evidence deeds carried out in Communist China, Ms. DEGETTE. I yield to the gen- of them. However, as I noted a moment tleman from Colorado. ago, if protocols are not being followed, where buyers can place orders for spe- Mr. TANCREDO. The answer to the and if, in fact, fetal tissue is being sold, cific organs from bodies of certain gentlewoman’s question is, it is the then Congress should hold hearings, in- blood types. Prisoners matching the latter. vestigate this matter, and the per- specifications are then slaughtered and Ms. DEGETTE. So it is the intention petrators should be prosecuted to the their organs harvested and sold. Or per- to talk about the unlawful sale of or- fullest extent of the law. haps, Mr. Speaker, my colleagues gans or fetal tissue. But in establishing protocols and in might think I was detailing the actions Mr. TANCREDO. That is correct. thwarting illegal acts, we need to be of Nazis, when they found the market Ms. DEGETTE. Reclaiming my time, mindful of the benefits that legitimate in human hair, skin, and bones to be Mr. Speaker, I thank the gentleman for fetal tissue research has brought. Fetal lucrative, so they turned the con- that clarification. tissue research has already resulted in centration camps into profit centers.

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.040 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11725 It is, indeed, a tragic commentary on vitalization Act which says it is a Fed- And yesterday, the NIH confirmed our times, Mr. Speaker, that I must eral felony for any person to know- the GAO conclusion, again stating that tell my colleagues that it is not Com- ingly, for valuable consideration, pur- no complaints regarding fetal tissue re- munist China nor is it Nazi Germany chase or sell human body parts, or fetal search have been investigated by the to which I refer, it is contemporary tissue, however one wants to put it. National Institutes of Health’s Office America. The specific sites are not When I looked at this, it was body for Protection from Research Risks, prisons or concentration camps, they parts. and no compliance cases or institu- are abortion clinics. Unfortunately, en- Mr. Speaker, how much more clearly tional reports have been filed with the trepreneurs appear to have found a could we have said it when we wrote NIH since the GAO reported to Con- profitable niche within the abortion in- the law? We evidently need to do more gress in March 1997. And the National dustry and have begun to traffic in the to get the point across that the traf- Institutes of Health, my colleagues, body parts of aborted babies. ficking in human body parts is dis- has no record of any Member of Con- Now, this practice was outlawed by gusting, dangerous, and completely un- gress to date requesting a review or the passage of the Health Revitaliza- acceptable in a society which presumes presenting any evidence of wrongdoing, tion Act, to which my colleague has re- to call itself civilized. I, therefore, despite the fact that the NIH is the ferred. However, some unscrupulous in- have introduced this resolution, which agency charged with oversight of feder- dividuals have found that by simply calls upon the Congress to hold hear- ally funded research. No Member of calling a charge a fee-for-service, that ings to determine the extent to which Congress has called the NIH or re- they could possibly avoid persecution this practice is going on and, if nec- quested in writing any investigation. and prosecution and turn a tidy profit essary, if necessary and only if nec- Research involving fetal tissue is an on the sale of body parts. essary, to take appropriate steps to end integral part of the pioneering field of Mr. Speaker, on this poster we can it. stem cell research which may offer see that the price list advertised by Now, the last thing is this GAO re- millions of Americans, as the gentle- Opening Lines, one of the companies port to which my colleague referred. woman from Colorado (Ms. DEGETTE) doing business in this area, and by the The GAO study actually did come back has said, suffering with diseases the op- way it is true that one of their outlets and say it was not happening; it was portunity to be cured. We should do ev- has gone to ground since this all came not happening in three places, the Col- erything we can to assure that this re- to light, but there are other companies orado Health Sciences Center, Mount search proceeds in an ethical and cau- out there doing the same thing, clearly Sinai, and the University of South tious manner. and unabashedly this sets out the spe- Florida. And they were only looking at b 1130 cific price for each part. It is not I who one specific aspect of this, they were Allegations of wrongdoing, if sub- stand here talking about baby body not looking at private companies, they stantiated, should be investigated, not, parts and offending the sensibilities of were not looking at pharmaceutical my colleagues, brought to the floor of my colleagues; it is, of course, the or- companies. So it is disingenuous, at the House to inflame. This resolution ganizations that are involved with sell- least, to say this study sort of exoner- is not needed in order for oversight ing them. What else would we call the ates the industry. It was a very narrow hearings to be held. liver, 8 weeks; the spleen, 8 weeks; the study and in those three places it was So why are we debating this on the pancreas, 8 weeks; intestines; not happening. In a lot of other places House floor? Let us put aside the in- mesentery; kidney without adrenal or it is. flammatory words and work together kidney with adrenal? You can get ei- Ms. DEGETTE. Mr. Speaker, I yield 4 with the NIH to get the facts. That is ther one. What would my colleagues minutes to the gentlewoman from New why I urge my colleagues to reject H. call that if it is not a baby body parts York (Mrs. LOWEY). Res. 350. list? Mrs. LOWEY. Mr. Speaker, I rise in Mr. FOSSELLA. Mr. Speaker, I yield This issue is not about fetal research. opposition to H. Res. 350. When I heard 4 minutes to the gentleman from Okla- I knew that was going to be the issue from my staff last night that a resolu- homa (Mr. COBURN). my colleague and others would like to tion addressing illegal sale of fetal tis- Mr. COBURN. Mr. Speaker, I thank sort of cloud this thing with, fetal tissue would be offered on the floor today, the gentleman for yielding me the sue research, the many benefits that my immediate reaction was if any ille- time. may accrue from that. Anyone can gality was taking place, it ought to be Mr. Speaker, there is a lot of truth to stand up and say this resolution is investigated immediately. Then I read what the gentlewoman from New York about increasing the possibility for nu- the text of H.R. 350, with its use of said. However, there is an absence of clear war. Anyone can say anything terms like ‘‘trafficking’’ and ‘‘baby appropriate timing with that. There is they want. The fact is, it is very clear body parts’’, and I tried to call the no question we are going to have an it is a resolution simply calling for an company accused of wrongdoing, using oversight hearing on this. There is no investigation. If there are no problems, the phone number listed in a Dear Col- question we are going to do it. There is if in fact everybody is operating within league, and the number was not in no question that they are violating the the law, as my colleague suggests and service. law and the intent and purposes of the hopes, then there is nothing to fear My colleagues, these are serious alle- law. We are going to do that. from investigation, and that is all this gations and we ought to react to them But this needs to be inflamed, I say asks for. It is not legislation correcting responsibly. If there are legitimate to the gentlewoman from New York or changing anything, but there is cer- complaints or evidence of illegality, (Mrs. LOWEY), because this is exactly tainly evidence that something out Congress has the power to act. But in- the slippery slope we said we would be there is wrong. Something is amiss. It stead of taking time on this floor, we going down. is not going according to the way peo- could be working in committee con- Let me tell my colleagues what this ple who wrote the 1993 law wanted it to ducting oversight of the National Insti- process is creating. If I am in there to go. tutes of Health, which is charged with rent some space from their abortion This organization was even more exu- protecting the integrity of federally clinic and I tell them that can I sell a berant in their advertising when they funded research. brain for a thousand dollars, do my col- said, ‘‘Our goal is to offer you and your As the gentlewoman from Colorado leagues know what I am going to do if staff the highest quality, most afford- (Ms. DEGETTE), said, in 1997, as re- I am an abortionist? I am going to do able, freshest tissue prepared to your quired by statute, the General Ac- an abortion now that is most impor- specifications, delivered in the quan- counting Office investigated compli- tant in saving the brain rather than in tities you need and when you need it.’’ ance with the detailed Federal regula- caring for that woman who is having a Now, this is not my stuff, this is not tions governing this research and the pregnancy terminated. Because money something I am making up, this is GAO found no evidence of wrongdoing then becomes the driving object in my from their brochure. or abuse. I would like to repeat that. abortion, not in the care of the woman It is important at this point to cite The GAO found no evidence of wrong- who has made a difficult decision and the specific language of the Health Re- doing or abuse. is giving up a life.

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.044 pfrm02 PsN: H09PT1 H11726 CONGRESSIONAL RECORD — HOUSE November 9, 1999 So now what we have had is we vio- Mr. COBURN. Mr. Speaker, reclaim- selling parts of babies, and the older late this law and the intent of it, al- ing my time, the purpose of the resolu- the better, to middlemen. Those mid- though technically they may not be, tion is to raise the awareness of how dlemen, in turn, sell them to research- but in fact their intent is to, we are in- foul, how dirty, how nasty, how abhor- ers. This means more money for the ducing through the profit motive abor- rent this is. abortion clinic. Instead of the problem tionists to put the life of their patient Ms. DEGETTE. Mr. Speaker, I am of disposing of dead bodies, now abor- at risk for monetary gain, a fetal brain pleased to yield 21⁄2 minutes to my col- tion clinics have a lucrative means of for a thousand bucks. league, the gentleman from New York getting rid of the ‘‘unintended babies.’’ How abhorrent can we be? Why (Mr. NADLER). This means money for the middlemen. should we not be inflamed? Why should Mr. NADLER. Mr. Speaker, I thank the gentlewoman for yielding me the Just look at this price list that is du- we not be agitated? Why should we not plicated, blown up from an article ob- be angry, in fact, when this process is time. Mr. Speaker, I rise to oppose this res- tained from a national business which going on exactly in contraindication to traffics in unborn baby body parts. Up what we said in the law? We should in- olution. The proponents of this resolution are attempting to corrupt medical here we see a liver, $150. But they can flame this. Everyone in America should get it for $125 if it is from a younger know that the value of life has just research with the politics of abortion. They are attempting to stall proper re- baby, or they can get a 30 percent dis- gotten less, not the value of the fetus, count if it is ‘‘significantly frag- the value of the very woman under- search to save lives to gain political advantage. I am not surprised, but I am mented.’’ A spleen is $75. Pancreas, going abortion. Because now her life is $100. This is their document. A thymus, going to be put at risk because some- disappointed. The resolution is totally misleading, $100. body is going to try to capture a brain and that may in fact be its real pur- intact regardless if that is the best and Look at this. A brain, $999. Notice pose. Sale of body parts for profit, the safest indication for that woman. they even use marketing techniques in resolution talks about. No one is going So we do need to send the letters, and this gruesome big business, selling it out selling body parts, arms, or legs for we are going to, from the Sub- for one dollar less than a thousand dol- any purpose. committee on Health, I assure my col- lars to make it, I guess, a more attrac- Researchers do use stem cells and tis- tive purchase. And again, if it is frag- leagues. We are going to have an over- sue samples from the earlier stages of sight. And we should as a body say, mented, and what a terrible way to de- fetal development to promote research scribe a baby’s injured brain from an this is not right. This should stop. for the treatment of Alzheimer’s dis- There are all sorts of unintended con- abortion, they can get a 30 percent disease and Parkinson’s disease and diabe- count. Almost like, step right up, la- sequences occurring because this pro- tes and other serious medical condi- cedure is ongoing. dies and gentlemen, do you want a tions. This is potentially life-saving re- baby’s ear? Seventy-five dollars, $50 if The reason the phone is disconnected search that can save thousands and is just like the phones were discon- a baby is less than 8 weeks old. How thousands of lives. It is intended to al- about eyes? A pair of eyes $75; $40 for nected a month ago at another one of leviate pain and suffering and to save them, because when everybody finds one eye. Skin, a baby in a second tri- lives. mester, $100. Spinal cord, $325. out, they shut down and move some- But we do in the talk about that, we where else simply because they know it talk about selling body parts, which Mr. Speaker, I wish this gruesome is not right, not right ethically, not does not happen. We talk about having price list were a cruel Halloween hoax, right morally, and not right legally. So abortions to generate body parts, but it is not. It is the price list for I am inflamed about it. I am upset which does not happen. And again, I human body parts from aborted babies. about it. Because the purpose of the agree with the gentlewoman from New It is almost like the bureaucratiza- law, what their intent is, is to go com- York (Mrs. LOWEY). This is backwards. tion of the Nazi’s final solution ham- pletely around that. If the gentleman from Oklahoma mered out in conferences and com- I assure my colleagues that the Sub- (Mr. COBURN) thinks that some foul mitted to legal documents, except now committee on Health and the Oversight stuff, as he put it, is going on, that it is in the form of capitalistic price and Investigation Committee of the some foul deeds are being committed, lists organized for commerce, sanitized Subcommittee on Health of the Com- have an oversight hearing, look into it, for the grim reality which it is. mittee on Commerce is going to look find out the facts first. Do not declare Mr. Speaker, I would like to draw at- at every aspect of this. And we already the facts first and then investigate. We tention to the job of one young woman. know what the answers are. We have do that too often in this House these Let us call her Kelly. Kelly’s job at the had good undercover investigative re- days, and this is a prime example of it. porting that has shown us the answers. I do not think those foul things are abortion clinic was one of retrieving But we are going to allow the people to happening. I think it is a concoction; I body parts from dead bodies for abor- give us the opportunity to do that. think it is propaganda to inflame de- tion and shipping them for profit to re- I hope, in our heart of hearts, that as bate to stop medical research into life- searchers who requested them. Here is we protect abortion in this country, saving techniques. her testimony. Kelly said: ‘‘We had a the first thing we do is protect the But if they are happening, let us find contract with an abortion clinic that women undergoing the abortion. out; let us have a hearing. They will would allow us to go there on certain Mrs. LOWEY. Mr. Speaker, will the have a hearing. The gentleman says so. days. We would have a generated list of gentleman yield? Fine. So why this resolution? This res- tissue that organizations were looking Mr. COBURN. I yield to the gentle- olution is total demagoguery and for. Then we would examine the pa- woman from New York. ought to be rejected for the dema- tient charts. Mrs. LOWEY. Mr. Speaker, I thank goguery it is. Let us have the hearings ‘‘We only wanted the most perfect the gentleman for yielding. and find out the facts and then see specimens that we could give. We were Mr. Speaker, I would just clarify my what we ought to do, if anything. looking for eyes, livers, brains, position since the gentleman from Facts first. Action later. Dema- thymuses, cardiac blood, cord, blood Oklahoma (Mr. COBURN) was directing goguery not at all. from liver, even blood from the limbs.’’ his comments to me. I certainly re- Mr. FOSSELLA. Mr. Speaker, I yield Kelly quit her job one day when an spect his views on any issue. But my 4 minutes to the gentleman from Penn- position was that I would respectfully abortion doctor came in and brought in sylvania (Mr. PITTS). 1 suggest that the order in this House of Mr. PITTS. Mr. Speaker, I rise today two babies, two 5 ⁄2-month-old twins Representatives is to have a hearing, to speak in support of this resolution still moving. She could not take it any- to do an investigation, and not come to which says very simply that the House more. conclusions with the purpose of inflam- should hold hearings on the commer- It is time the Congress begin over- ing on the floor. I am delighted that cial trafficking in baby body parts. sight hearings on this death-dealing they are going to have an investiga- Here is the issue in a nutshell. Based business. We need to begin tracing this tion. on reliable reports, abortion clinics are money trail. The bill before us today

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.046 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11727 does nothing more than call for hear- After looking at what has not been Mr. Speaker, this is almost too gro- ings. It does not call for the elimi- done, it becomes clear that this prac- tesque to imagine. Yet this is a real nation of trafficking. It does not re- tice of bringing this issue to the House business and these are real babies, inquire women to sign a consent form be- floor to demagogue it is improper. We nocent children who have been de- fore their babies are sold for parts. It should go through the committee proc- prived of their lives. does not even prohibit Planned Parent- ess and decide whether, in fact, these It is routine, Mr. Speaker, for preg- hood or commercial middlemen from practices are occurring. And if they nant women who are planning to abort profiting. All it does is call for hear- are, we should stop them immediately. their babies to be told that their chil- ings. Surely, no one could reasonably No one would favor the sale improp- dren are nothing more than collections oppose a hearing. erly of fetal tissue or any other kind of of cells or blobs of tissue. Yet these Let me anticipate one line of protest. tissue. But let us call this what it is. If lists clearly give lie to that myth. Ba- Some will say that medical progress re- there is an issue, let us have a hearing, bies younger than 8 weeks have, as quires that we turn tragedy into a let us investigate it, let us prosecute they point out on their price list, iden- blessing for the living. Well, they are anybody who is breaking the law. tifiable brains, livers, spleens, ears, and right. We must do all we reasonably That is what we should be doing, not eyes, and they, as well as older babies, can to erase human suffering. But the standing here in November as the ses- are being taken apart piece by piece, key is responsibility. We have a respon- sion is winding down and raising it on limb by limb, even skinned. Worst of sibility to the sick, the disabled, the the floor for the first time. all, there are profiteers waiting in the children, the elderly. Mr. Speaker, I yield back the balance wings to make money from this trag- Who among us does not have a loved of my time. edy by collecting and selling the one who suffers from some disease or b 1145 pieces. ailment? But do not be fooled between Among the questions that Congress false choices between medical research Mr. FOSSELLA. Mr. Speaker, I yield must investigate, Mr. Speaker, is and no medical research. We have other myself 15 seconds. Again, as I stated at whether these private businesses are options other than buying and selling the outset, there are so many Members operating inside or outside the scope dead children’s body parts. who rightfully and legitimately in even of our current infirm law, and I urge Members to support this reso- their mind come to the floor to speak whether Federal law has the gaping lution. so passionately about saving the dol- loopholes that we suggested back in And that's the issue we focus on todayÐnot phins and saving the tigers and saving 1993 which allow these companies to researchÐbut the buying and selling of baby the whales. That may all be legitimate. claim significant payments for body body parts for profit, for financial remunera- I would just hope that they would feel parts as, quote, reasonable compensation. the same way when it comes to the tion for obtaining them. We can, we must, and we will do more to saving and sanctity of innocent human We may also have to look at the clin- ease human suffering. But not at the ghastly beings. ics’ financial interest, particularly price paid in dissecting babies, pricing their Mr. Speaker, I yield the balance of where federally funded research is in- body parts, and distributing marketing lists. my time to the gentleman from New volved. When taxpayer funding of re- The Nazis killed their unwanted children Jersey (Mr. SMITH). search using baby body parts was being under the guise of the ``Realm's Committee for The SPEAKER pro tempore (Mr. defended 6 or more years ago, one thing Scientific Approach to Severe Illness Due to HOBSON). The gentleman from New Jer- that was said repeatedly was that these Heredity and Constitution.'' Transportation of sey is recognized for 33⁄4 minutes. babies are already dead. The truth is, the patients to killing centers was carried out (Mr. SMITH of New Jersey asked and however, that they are not dead when a by ``The Charitable Transport Company for the was given permission to revise and ex- woman is asked to donate, and it may Sick.'' tend his remarks.) not even be true that the woman has Mr. SMITH of New Jersey. Mr. We should not join the Nazi's rationalization decided to abort when she is presented of unbounded research on the powerless to Speaker, I rise in very strong support with the prospect of handing over her build a master race. No, we must not. of H. Res. 350 and urge swift and exten- baby’s body parts for research pur- Mr. Speaker, I urge my colleagues to sup- sive oversight into the question of traf- poses. And as we pointed out then, that port this common sense non-binding legisla- ficking in the bodies of unborn babies may, among other factors, help tip the tion to call for congressional hearings on this killed by abortion. Mr. Speaker, the scale. issue. House has not addressed this issue Mr. Speaker, many women are am- Ms. DEGETTE. Mr. Speaker, I yield since 1993, when the NIH Revitalization bivalent about abortion, and the stud- myself the balance of the time. Act was passed by this body. At that ies show that many are undecided even Mr. Speaker, certainly no one in this time, many of us were deeply con- as they walk into the clinic doors. chamber would ever advocate the im- cerned, and expressed it on this floor, They hope to get objective counseling proper sale of ‘‘baby body parts’’ or of that research using the shattered bod- about their options, but abortion clinic ‘‘fetal tissue.’’ This is a very sensitive ies of aborted babies could quickly lead employees, as we have known, are far issue of medical ethics which is impor- to a greater number of abortions, par- from objective. Currently there is tant for us to ensure is always being ticularly if the demand for their body nothing in Federal law or regulations, adhered to in the strictest way. parts grew among researchers. Those and almost certainly nothing in the This issue, if there is an issue, even concerns appear to have been well private sector, to prevent a so-called though no one has documented it, if founded. counselor from telling a woman who is there is an issue of improper sale of I want to thank the gentleman from undecided about abortion that if she fetal tissue or of children or anything Colorado (Mr. TANCREDO) for offering decides to abort, some good can result of that nature, the sponsor of the bill, this resolution and, as he pointed out if she donates her dead baby to re- the floor manager, the chairman of the earlier, it was a pro-life organization in search. Committee on Commerce, any Member Texas that compiled numerous docu- Mr. Speaker, as the gentleman from of this House could have requested NIH ments about the horrific business of Colorado has pointed out to all of us, to investigate those allegations pursu- trafficking in baby body parts. The and again I want to salute him for ant to the statute. That has never been companies involved provide price lists bringing this to our attention, a done to date. for the individual parts. Let me read woman who used to work for these They could have brought this issue just some of those that are listed: middlemen has come forward to talk up during the NIH authorization hear- Liver, $150, but a 30 percent discount about their business arrangements ings, which the Committee on Com- if significantly fragmented. Pancreas, with abortion clinics. merce has jurisdiction over. That has under 8 weeks, $100. Ears, under 8 She has recounted that the abortion clinic not been done. They could have re- weeks, $75. Brain, under 8 weeks, $999, would give her information on the women in quested an oversight investigations 30 percent discount if significantly the waiting room so that she could pick out hearing into these very deeply trou- fragmented. Intact trunk, with or the best candidates to fill their requests for or- bling allegations. That has not been without limbs, $500. Spinal column, gans and tissues, based on the women's med- done. $150. Skin, $100. ical history and stage or pregnancy. How far-

VerDate 29-OCT-99 05:04 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.048 pfrm02 PsN: H09PT1 H11728 CONGRESSIONAL RECORD — HOUSE November 9, 1999 fetched is it to imagine that these women in wing with misleading and sensationalist rhet- (10) by striking ‘‘$1,964’’ in subsection (j) particular were approached to get permission oric. and inserting ‘‘$2,036’’; to dissect their babies bodies? The so-called I urge my colleagues to oppose the resolu- (11) in subsection (k)— safeguards in current law for federally funded (A) by striking ‘‘$75’’ both places it appears tion. and inserting ‘‘$76’’; and research are inadequate in this area and need The SPEAKER pro tempore. The (B) by striking ‘‘$2,443’’ and ‘‘$3,426’’ and to be re-examined. question is on the motion offered by inserting ‘‘$2,533’’ and ‘‘$3,553’’, respectively; Mr. Speaker, the prospect of economic gain the gentleman from New York (Mr. (12) by striking ‘‘$2,443’’ in subsection (l) causes can poison even those practices es- FOSSELLA) that the House suspend the and inserting ‘‘$2,533’’; tablished with the most benevolent intentions. rules and agree to the resolution, (13) by striking ‘‘$2,694’’ in subsection (m) Just yesterday there was a news story about House Resolution 350. and inserting ‘‘$2,794’’; concerns that have been raised over traf- (14) by striking ‘‘$3,066’’ in subsection (n) The question was taken; and (two- and inserting ‘‘$3,179’’; ficking in human organs internationally for thirds having voted in favor thereof) (15) by striking ‘‘$3,426’’ each place it ap- profit. A university professor who founded a the rules were suspended and the reso- pears in subsections (o) and (p) and inserting group, Organs Watch, to investigate this, said lution was agreed to. ‘‘$3,553’’; ``In the organs trade business, abuses creep A motion to reconsider was laid on (16) by striking ‘‘$1,471’’ and ‘‘$2,190’’ in in before you know it.'' The same abuses the table. subsection (r) and inserting ‘‘$1,525’’ and should be expected in the baby parts busi- ‘‘$2,271’’, respectively; and f ness. (17) by striking ‘‘$2,199’’ in subsection (s) I would be astounded if any Member of this and inserting ‘‘$2,280’’. CONCURRING IN SENATE AMEND- (b) SPECIAL RULE.—The Secretary of Vet- body objected to this resolution. If the laws we MENT TO H.R. 2280, VETERANS erans Affairs may authorize administra- have, and the enforcement of them, are so BENEFITS IMPROVEMENT ACT tively, consistent with the increases author- great, then hearings will bring that out. But if OF 1999, WITH AMENDMENTS ized by this section, the rates of disability they are inadequate or are being ignored, then compensation payable to persons within the Mr. STUMP. Mr. Speaker, I move to Congress should be made aware of that as purview of section 10 of Public Law 85–857 suspend the rules and agree to the reso- well. who are not in receipt of compensation pay- Mr. Speaker, the barest minimum lution (H. Res. 368) providing for the able pursuant to chapter 11 of title 38, United that we can do is to have a full scale concurrence by the House with amend- States Code. investigation into this and go wherever ments in the amendment of the Senate SEC. 3. ADDITIONAL COMPENSATION FOR DE- the leads may take us to try to stop to H.R. 2280. PENDENTS. The Clerk read as follows: Section 1115(1) is amended— this heinous practice. (1) by striking ‘‘$114’’ in clause (A) and in- H. RES. 368 I urge my colleagues to join me in voting serting ‘‘$117’’; ``yes'' on this important resolution. Let's let Resolved, That, upon the adoption of this (2) by striking ‘‘$195’’ and ‘‘$60’’ in clause some light shine on this grisly business. resolution, the House shall be considered to (B) and inserting ‘‘$201’’ and ‘‘$61’’, respec- Mr. WAXMAN. Mr. Speaker, it's hard to es- have taken from the Speaker’s table the bill tively; cape the conclusion that this resolutionÐby its H.R. 2280, with the Senate amendment there- (3) by striking ‘‘$78’’ and ‘‘$60’’ in clause (C) to, and to have concurred in the Senate very nameÐis designed to attack and cast and inserting ‘‘$80’’ and ‘‘$61’’, respectively; amendment with the following amendments: (4) by striking ‘‘$92’’ in clause (D) and in- doubt on fetal tissue research. (1) Amend the title so as to read: ‘‘An Act serting ‘‘$95’’; First, let's be clear. The law that authorizes to amend title 38, United States Code, to pro- (5) by striking ‘‘$215’’ in clause (E) and in- fetal tissue research, The NIH Revitalization vide a cost-of-living adjustment in the rates serting ‘‘$222’’; and Act of 1993, which I helped author, contains of disability compensation for veterans with (6) by striking ‘‘$180’’ in clause (F) and in- strong protections against the abuses alleged service-connected disabilities and the rates serting ‘‘$186’’. in this resolution. While we should be con- of dependency and indemnity compensation SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN cerned if these protections are violated, this for survivors of such veterans.’’. DISABLED VETERANS. (2) In lieu of the matter proposed to be in- inflammatory resolution clearly means to whip Section 1162 is amended by striking ‘‘$528’’ serted by the amendment of the Senate, in- and inserting ‘‘$546’’. up opposition to all fetal tissue research by sert the following: substituting sound bites for facts. The facts SEC. 5. DEPENDENCY AND INDEMNITY COM- SECTION 1. SHORT TITLE; REFERENCES TO TITLE PENSATION FOR SURVIVING are that fetal tissue research is subject to Fed- 38, UNITED STATES CODE. SPOUSES. eral, State and even local regulation. It is sub- (a) SHORT TITLE.—This Act may be cited as (a) NEW LAW RATES.—Section 1311(a) is ject to informed consent. It is subject to audit the ‘‘Veterans’ Compensation Cost-of-Living amended— by the Secretary of Health and Human Serv- Adjustment Act of 1999’’. (1) by striking ‘‘$850’’ in paragraph (1) and ices. Violations of Federal protections are sub- (b) REFERENCES TO TITLE 38, UNITED inserting ‘‘$881’’; and ject to criminal penalties. STATES CODE.—Except as otherwise expressly (2) by striking ‘‘$185’’ in paragraph (2) and Congress and the American public have al- provided, whenever in this Act an amend- inserting ‘‘$191’’. ment or repeal is expressed in terms of an ready decided that fetal tissue research is (b) OLD LAW RATES.—The table in section amendment to, or repeal of, a section or 1311(a)(3) is amended to read as follows: both legal and ethical. It is crucial to women's other provision, the reference shall be con- health and reproductive research. It is enor- ‘‘Pay grade rate Monthly sidered to be made to a section or other pro- E–1 ...... $881 mously promising for Parkinson's disease, vision of title 38, United States Code. E–2 ...... 881 multiple sclerosis, Alzheimer's disease, Tay- SEC. 2. DISABILITY COMPENSATION. E–3 ...... 881 Sachs disease and juvenile diabetes. It could (a) INCREASE IN RATES.—Section 1114 is E–4 ...... 881 help cure victims of stroke and brain cancer. amended— E–5 ...... 881 We should always do appropriate oversight. (1) by striking ‘‘$95’’ in subsection (a) and E–6 ...... 881 But a resolution that talks about ``baby body inserting ‘‘$98’’; E–7 ...... 911 parts'' is not the way to do it. This resolution (2) by striking ‘‘$182’’ in subsection (b) and E–8 ...... 962 uses rhetoric to conceal its attack on the inserting ‘‘$188’’; E–9 ...... 11,003 (3) by striking ‘‘$279’’ in subsection (c) and W–1 ...... 930 hopes of Americans with Alzheimer's and MS. inserting ‘‘$288’’; W–2 ...... 968 It resorts to linguistic tricks to mask its impact (4) by striking ‘‘$399’’ in subsection (d) and W–3 ...... 997 on American mothers seeking cures to genetic inserting ‘‘$413’’; W–4 ...... 1,054 birth defectsÐmothers who could have (5) by striking ‘‘$569’’ in subsection (e) and healthier babies as a result of fetal tissue re- inserting ‘‘$589’’; O–1 ...... 930 O–2 ...... 962 search. (6) by striking ‘‘$717’’ in subsection (f) and inserting ‘‘$743’’; O–3 ...... 1,028 I am very disappointed in the House. In the O–4 ...... 1,087 waning days of this Congress, we should be (7) by striking ‘‘$905’’ in subsection (g) and inserting ‘‘$937’’; O–5 ...... 1,198 enacting the Patients Bill of Rights. We should (8) by striking ‘‘$1,049’’ in subsection (h) O–6 ...... 1,349 be working on the Medicare drug benefit. But and inserting ‘‘$1,087’’; O–7 ...... 1,458 instead, once again, the House Republican (9) by striking ‘‘$1,181’’ in subsection (i) O–8 ...... 1,598 leadership is kow-towing to its pro-life right- and inserting ‘‘$1,224’’; O–9 ...... 1,712

VerDate 29-OCT-99 05:29 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0655 E:\CR\FM\K09NO7.111 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11729 O–10 ...... 271,878 man of the committee, for his efforts Mr. Speaker, I have no further re- ‘‘1 If the veteran served as sergeant major of the to ensure a timely and accurate cost- quests for time, and I yield back the Army, senior enlisted advisor of the Navy, chief of-living adjustment of 2.4 percent balance of my time. master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of which will be provided to our Nation’s The SPEAKER pro tempore. The the Coast Guard, at the applicable time designated service-connected disabled veterans question is on the motion offered by by section 1302 of this title, the surviving spouse’s and their dependents and survivors who the gentleman from Arizona (Mr. rate shall be $1,082. STUMP) that the House suspend the ‘‘2 If the veteran served as Chairman or Vice-Chair- are in receipt of compensation and DIC man of the Joint Chiefs of Staff, Chief of Staff of the benefits. This increase in benefits will rules and agree to the resolution, Army, Chief of Naval Operations, Chief of Staff of be reflected in payments beginning House Resolution 368. the Air Force, Commandant of the Marine Corps, or January, 2000. Mr. Speaker, this meas- The question was taken; and (two- Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the sur- ure deserves the support of every Mem- thirds having voted in favor thereof) viving spouse’s rate shall be $2,013.’’. ber of the House. I urge my colleagues the rules were suspended and the reso- (c) ADDITIONAL DIC FOR CHILDREN.—Sec- to support the bill. lution was agreed to. tion 1311(b) is amended by striking ‘‘$215’’ Mr. Speaker, I yield back the balance A motion to reconsider was laid on and inserting ‘‘$222’’. of my time. the table. (d) AID AND ATTENDANCE ALLOWANCE.—Sec- f tion 1311(c) is amended by striking ‘‘$215’’ Mr. STUMP. Mr. Speaker, I yield my- and inserting ‘‘$222’’. self such time as I may consume. REAUTHORIZING THE PRINTING (e) HOUSEBOUND RATE.—Section 1311(d) is I want to thank the ranking member OF CERTAIN PUBLICATIONS amended by striking ‘‘$104’’ and inserting of the Committee on Veterans’ Affairs ‘‘$107’’. Mr. MICA. Mr. Speaker, I move to for all his work on this provision as suspend the rules and agree to the con- SEC. 6. DEPENDENCY AND INDEMNITY COM- well as the gentleman from New York PENSATION FOR CHILDREN. current resolution (H. Con. Res. 221) (Mr. QUINN), the chairman of the sub- (a) DIC FOR ORPHAN CHILDREN.—Section authorizing printing of the brochures committee, and the gentleman from 1313(a) is amended— entitled ‘‘How Our Laws Are Made’’ California (Mr. FILNER), the ranking (1) by striking ‘‘$361’’ in paragraph (1) and and ‘‘Our American Government’’, the member, and urge all Members to sup- inserting ‘‘$373’’; pocket version of the United States (2) by striking ‘‘$520’’ in paragraph (2) and port this COLA, cost-of-living increase, Constitution, and the document-sized, inserting ‘‘$538’’; for our veterans. annotated version of the United States (3) by striking ‘‘$675’’ in paragraph (3) and Mr. Speaker, I yield such time as he inserting ‘‘$699’’; and Constitution. (4) by striking ‘‘$675’’ and ‘‘$132’’ in para- may consume to the gentleman from The Clerk read as follows: Florida (Mr. FOLEY). graph (4) and inserting ‘‘$699’’ and ‘‘$136’’, re- H. CON. RES. 221 spectively. Mr. FOLEY. Mr. Speaker, I thank the Resolved by the House of Representatives (the (b) SUPPLEMENTAL DIC FOR DISABLED gentleman from Arizona for his hard Senate concurring), ADULT CHILDREN.—Section 1314 is amended— work on this issue and obviously for SECTION 1. PRINTING OF DOCUMENTS. (1) by striking ‘‘$215’’ in subsection (a) and recognition of all veterans. We are get- (a) IN GENERAL.—Each of the documents inserting ‘‘$222’’; ting ready certainly to celebrate Vet- referred to in section 2 shall be printed as a (2) by striking ‘‘$361’’ in subsection (b) and House document, in a style and manner de- inserting ‘‘$373’’; and erans Day this year. I think it is in- termined by the Joint Committee on Print- (3) by striking ‘‘$182’’ in subsection (c) and cumbent upon us when we are consid- ing. inserting ‘‘$188’’. ering the needs of the United States of (b) ADDITIONAL COPIES FOR HOUSE AND SEN- SEC. 7. EFFECTIVE DATE. America, we prioritize those that have ATE.—There shall be printed for the use of The amendments made by this Act shall fought valiantly for the freedoms that the House of Representatives and the Senate take effect on December 1, 1999. we all enjoy. an aggregate number of copies of the docu- The SPEAKER pro tempore. Pursu- It is one of the unique things, having ments printed under subsection (a) not to ex- ant to the rule, the gentleman from Ar- come to Congress and being able to ceed the lesser of— izona (Mr. STUMP) and the gentleman speak on the floor and advocate for (1) 2,200,000; or from Illinois (Mr. EVANS) each will con- constituents from the 16th District, to (2) the maximum number of copies for trol 20 minutes. realize many of those fundamental op- which the aggregate printing cost does not The Chair recognizes the gentleman exceed an amount established by the Joint portunities have been given to us be- Committee on Printing. from Arizona (Mr. STUMP). cause of the fight the veterans made in SEC. 2. DOCUMENTS DESCRIBED. GENERAL LEAVE previous conflicts. I think it is incum- The documents referred to in this section Mr. STUMP. Mr. Speaker, I ask bent especially as well to recognize are as follows: unanimous consent that all Members that years and years ago I remember (1) The 1999 revised edition of the brochure may have 5 legislative days within the veterans were told that they would entitled ‘‘How Our Laws Are Made’’. which to revise and extend their re- have to wait for their cost-of-living, we (2) The 1999 revised edition of the brochure marks and include extraneous material have to make budgetary matters first entitled ‘‘Our American Government’’. on this measure. and we have got to balance the books (3) The 20th edition of the pocket version of the United States Constitution. The SPEAKER pro tempore. Is there and do all these other things. objection to the request of the gen- (4) The 1999 edition of the document-sized, I think the gentleman from Arizona annotated version of the United States Con- tleman from Arizona? prioritizes the fact that veterans stitution. There was no objection. should not be treated any differently Mr. STUMP. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- than any other citizen, that if there self such time as I may consume. ant to the rule, the gentleman from are cost-of-living benefits going to em- (Mr. STUMP asked and was given Florida (Mr. MICA) and the gentleman ployees of the Federal Government, to permission to revise and extend his re- from Maryland (Mr. HOYER) each will Social Security recipients, that they marks.) control 20 minutes. Mr. STUMP. Mr. Speaker, this is a should also be included for those dis- The Chair recognizes the gentleman clean bill providing a cost-of-living ad- abled, those veterans and other groups. from Florida (Mr. MICA). justment to disabled veterans and sur- I want to strongly urge obviously my Mr. MICA. Mr. Speaker, I yield my- viving spouses. The other provisions in colleagues’ consideration of this meas- self such time as I may consume. the House-passed bill are part of an on- ure but also once again to underscore Mr. Speaker, today I come before the going conference between the House the fact that very few of us would be House to present this House Concur- and the Senate and we hope to have a able to speak freely in this Chamber rent Resolution 221, which authorizes report on that by tomorrow. had it not been for the valiant effort of the printing of brochures entitled Mr. Speaker, I reserve the balance of men and women who have sacrificed, ‘‘How Our Laws Are Made’’ and ‘‘Our my time. men and women who have gone to the- American Government,’’ the pocket Mr. EVANS. Mr. Speaker, I yield my- aters around the globe to protect free- version of the United States Constitu- self such time as I may consume. dom here and abroad. tion, and the document-sized annotated Mr. Speaker, I salute the gentleman Mr. STUMP. Mr. Speaker, I thank version of the United States Constitu- from Arizona (Mr. STUMP), the chair- the gentleman for his remarks. tion.

VerDate 29-OCT-99 05:29 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.010 pfrm02 PsN: H09PT1 H11730 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Very often when I come to the floor, Mr. HOYER. Mr. Speaker, I rise in other documents and to be made avail- I always like to cite what I consider support of this resolution which, as the able to the public and Members. the most important document that gentleman from Florida has so aptly In closing, I heard the gentleman rules the governance of our country pointed out, provides for authority to from Maryland comment about Vaclav and really sets forth the pattern of or- reprint four documents of particular Havel and his presentation before the ganization for the Congress. Our Con- interest. Those of us who have been Congress. I was a Member of Congress stitution details those responsibilities around the Congress for most of our at the time, but I sat as a guest in the under that great document, and it is adult lives, either as students working House gallery; and I will never forget important that our Committee on here, as interns, or as Members and that infamous commentary by Mr. House Administration as one of its re- anything in between, know that al- Havel who said just days ago he had sponsibilities in administering the though this seems like a mundane re- been incarcerated in a prison and now House of Representatives makes cer- sponsibility, authorizing the reprinting he was addressing Congress. That event tain that these publications be made of four documents and the provision of was particularly meaningful to me be- available. copies to Members and to the public is cause my grandfather came from Slo- Each time we have young people visit a profound action. the United States Capitol, I try to It is profound because these docu- vakia which was part of the Czecho- make pocket editions available to ments are so profound. These docu- slovak Republic in 1989 when thousands them so that they have a better under- ments have had a tremendous impact and thousands of people took to the standing of how our government oper- on not only the citizens of the United street in the beginning of the Velvet ates, what their responsibilities are States, but, I would suggest, a great Revolution, and as we pass this small under that great document as a citizen, impact on all the world. I remember, as housekeeping resolution here to make and also how our government works. I am sure the gentleman from Florida these copies of our precious democratic Most young people today do not have remembers, when Vaclav Havel, the documents available, we remember and an awareness of the Constitution and President of the Czech Republic, stood commemorate today the fall of the basically how our government func- at the rostrum in front of the Speaker, Berlin Wall and basically the fall of tions. That is unfortunate. Sometimes and spoke about the emergence of Communism. it is the failure of education. Not only Czechoslovakia from behind the Iron It is through the documents that we do our schools and parents and commu- Curtain into freedom, both politically are authorizing the publication of nities have a responsibility but we as a and economically, and democratically. today that we have extended to the Congress have that responsibility. And He observed that two of the documents, world our framework of government. also it is important that the Com- the Declaration of Independence and These documents have been the corner- mittee on House Administration, the Constitution, impelled the move- stone for providing a guide post for charged with running the House of ment in Czechoslovakia from behind these people who have brought their Representatives, insures that these im- the Iron Curtain. Havel spoke dramati- nations out of the ages and decades and portant documents are published. cally about human rights, political The last time two of these documents decades of darkness. rights, civil rights, and economic were printed was during the 102nd Con- Last night I had the opportunity to rights. gress. The other two were printed dur- It is critically important that every attend a dinner with the Czech and Slo- ing the 105th Congress. The pamphlet- American student, every American vak prime ministers and their ambas- sized publication of the Constitution adult be familiar with the source docu- sadors here as they celebrated. They has a revision to the foreword by the ments of our Nation which articulate had met with the President and other gentleman from Illinois (Mr. HYDE), our principles and outline how we ac- officials celebrating the 10th anniver- our distinguished chairman of the complish democracy, how we debate sary of their having gained freedom. Committee on the Judiciary. The Par- and resolve differences of opinion, how Again, those documents that we pro- liamentarian has also provided revi- we, as minority leader often observes, vided offered encouragement. Pro- sions to ‘‘How Our Laws Are Made,’’ substitute debate on this floor for bul- grams that the United States promotes and the Congressional Research Serv- lets on a battlefield. such as this help extend democracy, ice has provided revision to the docu- Debate is, in fact, the substitute for promotes freedom and opportunities, ment ‘‘Our American Government.’’ and provide the framework of govern- I would also notify Members of the violence; it is the way we in America have, since the Civil War resolved our ment outlined by the Constitution to House, Mr. Speaker, that each Member others. Today we see those results and and Senator will receive 1,000 copies of differences without bloodshed. It is a lesson for all the world, but particu- it does give us a great sense of satisfac- each of these publications and an option. portunity to acquire additional copies. larly a lesson for our own people. The They will be made available at an addi- reprinting of these documents will pro- It gives me, in closing, a great sense tional cost to the Members, and can be vide a ready supply for Members to dis- of satisfaction to work in a bipartisan distributed to their constituents. tribute and for the public to access. manner with the gentleman from These are important documents. It is So I join the gentleman from Florida Maryland and our chairman, the gen- an important responsibility of the (Mr. MICA) in supporting this very im- tleman from California (Mr. THOMAS), House of Representatives to make cer- portant resolution. I support him in his in asking the House of Representatives tain again that our young people and observations with reference to having to pass this concurrent resolution of our citizens have the basic tools and available not only the pocket Constitu- the House, House Concurrent Resolu- documents of government available to tion, but the annotated Constitution as tion 221 at this time. them, somewhat of a mundane respon- well for the public and for Members so that we better understand the genius of Mr. Speaker, I yield back the balance sibility but an important one that we of my time. are taking that up. I am pleased to our Founding Fathers and the con- take up this responsibility today on be- tribution that American democracy The SPEAKER pro tempore (Mr. half of the gentleman from California makes to all the world. HOBSON). The question is on the motion Mr. Speaker, I yield back the balance (Mr. THOMAS), who chairs the Com- offered by the gentleman from Florida mittee on House Administration. of my time. (Mr. MICA) that the House suspend the Mr. Speaker, I reserve the balance of Mr. MICA. Mr. Speaker, I yield my- rules and agree to House concurrent my time. self the balance of the time. resolution, H. Con. Res. 221. I am pleased to join with the gen- The question was taken; and (two- b 1200 tleman from Maryland (Mr. HOYER), thirds having voted in favor thereof) Mr. HOYER. Mr. Speaker, I yield my- who is the ranking member on the the rules were suspended and concur- self such time as I may consume. Committee on House Administration to (Mr. HOYER asked and was given support this resolution, a simple task rent resolution was agreed to. permission to revise and extend his re- for the Congress this afternoon to print A motion to reconsider was laid on marks.) copies of the Constitution and some the table.

VerDate 29-OCT-99 05:29 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.113 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11731

PROVIDING FOR CONSIDERATION from Dayton, Ohio (Mr. HALL), my very we are educated, the way we contract OF H.R. 1714, ELECTRONIC SIGNA- good friend; and pending that I yield for goods and services, and the way we TURES IN GLOBAL AND NA- myself such time as I may consume. are governed. It will make it easier for TIONAL COMMERCE ACT All time that I will be yielding will be people using just a computer and a Mr. DREIER. Mr. Speaker, by direc- for debate purposes only. modem to pay their bills, apply for Mr. Speaker, this rule provides for tion of the Committee on Rules, I call mortgages, trade securities and pur- the consideration of a bill, H.R. 1714, up House Resolution 366 and ask for its chase goods and services without ever that is critically important to con- immediate consideration. leaving the confines of their homes or The Clerk read the resolution, as fol- sumers in our 21st century informa- offices. tion-age economy. It is also appro- lows: b priate that we consider this legislation 1215 H. RES. 366 on the heels of last week’s passage of S. But the consumer revolution that Resolved, That at any time after the adop- 900, the Financial Services Moderniza- would be unleashed by this bill may tion of this resolution the Speaker may, pur- never see the light of day if the Din- suant to clause 2(b) of rule XVIII, declare the tion Act. House resolved into the Committee of the As significant as S. 900 is to bringing gell-Gephardt amendment is adopted. Whole House on the state of the Union for our financial services laws up to date So I am going to once again urge my consideration of the bill (H.R. 1714) to facili- with the realities of the current mar- colleagues to oppose that clearly anti- tate the use of electronic records and signa- ketplace, H.R. 1714 will actually do consumer amendment. tures in interstate or foreign commerce. The more to empower consumers of finan- Mr. Speaker, my State of California first reading of the bill shall be dispensed cial products and other goods and serv- is home to many of the companies that with. General debate shall be confined to the ices and establish the framework for produce the technologies that are shap- bill and shall not exceed one hour equally di- competition in the emerging electronic ing the global electronic marketplace. vided and controlled by the chairman and marketplace. For this I applaud the ef- ranking minority member of the Committee In talking with business leaders in the on Commerce. After general debate the bill forts of the gentleman from Virginia fields of technology and finance, I am shall be considered for amendment under the (Mr. BLILEY) to move this legislation convinced that the promise of elec- five-minute rule. In lieu of the amendments forward. tronic commerce will never be fully re- recommended by the Committees on Com- This is a structured rule providing alized without the establishment of a merce and the Judiciary now printed in the for 1 hour of general debate, divided clear, uniform national framework bill, it shall be in order to consider as an equally between the chairman and governing both, and I emphasize both, original bill for the purpose of amendment ranking minority member of the Com- digital signatures and records. under the five-minute rule an amendment in mittee on Commerce. The rule makes the nature of a substitute printed in the Con- This is one of the most important in order as an original bill for the pur- economic challenges facing Congress, gressional Record and numbered 1. That pose of amendment the amendment in amendment in the nature of a substitute as our country transitions into our 21st shall be considered as read. No amendment the nature of a substitute printed in century Information Age economy. to that amendment in the nature of a sub- the CONGRESSIONAL RECORD and num- With H.R. 1714, businesses and constitute shall be in order except those printed bered 1. That amendment in the nature sumers can be confident that the trans- in the report of the Committee on Rules ac- of a substitute is identical to the bill actions we engage in electronically are companying this resolution. Each amend- which on November 1 fell just three both safe and secure. This bill address- ment may be offered only in the order print- votes short of the two-thirds majority es this challenge in a way that ensures ed in the report, may be offered only by a necessary for passage of a measure Member designated in the report, shall be that competition and consumer choice under suspension of the rules. remain the hallmarks of the emerging considered as read, shall be debatable for the The rule provides for consideration of time specified in the report equally divided global electronic marketplace. only the two amendments printed in and controlled by the proponent and an op- Mr. Speaker, this bill is one that is the rules report, as the Clerk just gave ponent, shall not be subject to amendment, deserving of bipartisan support, as was us, which may be offered only in the and shall not be subject to a demand for divi- evidenced in the suspension vote, al- order printed in the RECORD, may be of- sion of the question in the House or in the though, as I said, we were just three Committee of the Whole. The Chairman of fered only by the designated Member, votes short of what we needed to pass the Committee of the Whole may: (1) post- shall be considered as read, shall not be it. So I assume that the rule will sail pone until a time during further consider- divisible, and shall be debated for 30 right through and the bill, with only ation in the Committee of the Whole a re- minutes, equally divided and con- the amendment of the gentleman from quest for a recorded vote on any amendment; trolled by a proponent and an oppo- and (2) reduce to five minutes the minimum Washington (Mr. INSLEE), will sail time for electronic voting on any postponed nent. The first amendment is the bipar- through, too. question that follows another electronic vote Mr. Speaker, I urge my colleagues’ without intervening business, provided that tisan Inslee-Eshoo-Smith–Dooley- Moran-Roukema amendment, which I support of both, and I reserve the bal- the minimum time for electronic voting on ance of my time. the first in any series of questions shall be 15 urge my colleagues to support. It pre- minutes. At the conclusion of consideration serves all Federal and State consumer Mr. HALL of Ohio. Mr. Speaker, I of the bill for amendment the Committee protection laws and actually creates yield myself such time as I may con- shall rise and report the bill to the House new consumer rights in the area of sume. with such amendments as may have been electronic commerce. Mr. Speaker, this is a restrictive rule adopted. Any Member may demand a sepa- The second is a gutting amendment which will allow for the consideration rate vote in the House on any amendment offered by Representatives DINGELL, of H.R. 1714. As my colleague, the gen- adopted in the Committee of the Whole to CONYERS, LAFALCE and GEPHARDT tleman from California, has explained, the bill or to the amendment in the nature of this rule provides 1 hour of general de- a substitute made in order as original text. which, if adopted, will leave all con- The previous question shall be considered as sumers to ponder the question: Why did bate, to be equally divided and con- ordered on the bill and amendments thereto I just spend $1,200 on a computer? Now, trolled by the chairman and ranking to final passage without intervening motion think about it, Mr. Speaker. The scale minority member of the Committee on except one motion to recommit with or with- of electronic commerce is undergoing Commerce. out instructions. dramatic change as a result of the This restrictive rule will permit only The SPEAKER pro tempore. The gen- Internet, networking and communica- two /AELDZ to the base text. No other tleman from California (Mr. DREIER) is tions technology, and the expansion of amendments may be offered. Mr. recognized for 1 hour. computer memory and storage capa- Speaker, electronic commerce has be- (Mr. DREIER asked and was given bilities. Computer-to-computer com- come part of our life for millions of permission to revise and extend his re- munication is increasingly being used Americans who use the Internet to con- marks, and include extraneous mate- to initiate and execute a substantial duct business. Congress needs to up- rial.) and growing number of personal busi- date our laws so that buyers and sellers Mr. DREIER. Mr. Speaker, for pur- ness and financial transactions. can take better advantage of the new poses of debate only, I yield the cus- Enactment of this E-SIGN bill will technology. One such change is to give tomary 30 minutes to the gentleman transform the way we work, the way electronic signatures and contracts the

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.060 pfrm02 PsN: H09PT1 H11732 CONGRESSIONAL RECORD — HOUSE November 9, 1999 same legal force as written signatures ture act does become law. The other and signatures in interstate or foreign and contracts. important provision of the bill guaran- commerce, with Mr. HASTINGS of Wash- In concept, this change has broad tees the consumers the right to opt ington (Chairman pro tempore) in the support on both sides of the aisle and into electronic records, and really an chair. on both ends of Pennsylvania Avenue. astoundingly broad provision that al- The Clerk read the title of the bill. This positive development would en- lows the consumer to withdraw his or The CHAIRMAN. Pursuant to the courage electronic commercial activity her consent at any time. rule, the bill is considered as having and benefit both business and con- So I think this is a light touch in been read the first time. sumers. terms of regulation, but there is a need Under the rule, the gentleman from Unfortunately, this bill goes beyond for consistency and a general scheme Virginia (Mr. BLILEY) and the gen- electronic signatures and contracts. It for electronic commerce, as we all tleman from Michigan (Mr. DINGELL) contains controversial provisions pre- know. each will control 30 minutes. empting State laws that require main- I am hopeful that Members will read The Chair recognizes the gentleman from Virginia (Mr. BLILEY). taining certain written records. It con- the language of the Inslee amendment, tains provisions opposed by consumer Mr. BLILEY. Mr. Chairman, I yield along with the underlying bill, so they myself such time as I may consume. groups that would permit electronic can assure themselves, as I have been Mr. Chairman, last Monday the Com- notices and disclosures to be sub- assured, that this is a fair measure mittee on Commerce brought H.R. 1714, stituted for written notices. For these that will promote e-commerce and will the Electronic Signatures in Global reasons, the bill failed to achieve the do no harm to other important issues. and National Commerce Act, to the necessary two-thirds vote when it was Please do read the amendment, instead floor under suspension of the rules. considered earlier this month under of just listening to the arguments. Unfortunately, H.R. 1714 fell just four suspension of the rules. Mr. HALL of Ohio. Mr. Speaker, I short votes of passage. The Clinton ad- This restrictive rule we are now con- have no further requests for time, and ministration and minority leadership sidering does make in order an amend- I yield back the balance of my time. of this body mounted an intense lob- ment offered by the gentleman from Mr. HASTINGS of Washington. Mr. bying campaign against the bill. We Michigan (Mr. DINGELL), the gentleman Speaker, I yield myself such time as I were proud of the number of votes that from Michigan (Mr. CONYERS), the gen- may consume. we were able to achieve in support of tleman from New York (Mr. LAFALCE), Mr. Speaker, I just wanted to say the bill, and we return to the House and the gentleman from Missouri (Mr. very briefly that this is a bill that floor this week with the identical bill GEPHARDT), which will remove the con- clearly moves us forward and recog- that was considered last Monday. troversial provisions of the bill and nizes e-trade and so forth. With that, I We remain confident that H.R. 1714 is leave much needed language dealing would urge the Members to support the strong legislation that helps to facili- with electronic signatures and con- rule and the underlying legislation. tate e-commerce in the new economy. tracts. Mr. Speaker, I yield back the balance This bill is perhaps the most important The rule also makes in order a bipar- of my time, and I move the previous pro-technology vote that this Congress tisan amendment that contains a num- question on the resolution. will take. It should not fall prey to par- ber of consumer protections. The House The previous question was ordered. tisan battles. is not served by rules which restrict The resolution was agreed to. The Committee on Commerce unani- the amendment process on legislation A motion to reconsider was laid on mously, Mr. Chairman, unanimously so important to the Nation’s com- the table. voted this bill out of the committee merce. However, the two amendments f this summer with support from both which are made in order will give Mem- sides of the aisle. Since that time, we bers the opportunities to make mean- GENERAL LEAVE have worked closely with the minority ingful changes to the bill. Mr. BLILEY. Mr. Speaker, I ask leadership of the committee to craft Mr. Speaker, I yield 2 minutes to the unanimous consent that all Members the additional consumer protection gentlewoman from California (Ms. may have 5 legislative days within provisions that appear in the bill con- LOFGREN). which to revise and extend their re- sidered last week and remain in the bill (Ms. LOFGREN asked and was given marks and include extraneous matter today. permission to revise and extend his re- on H.R. 1714. We believe those negotiations to be marks.) The SPEAKER pro tempore. Is there fair and worthwhile, and were dis- Ms. LOFGREN. Mr. Speaker, I am objection to the request of the gen- appointed to learn for the first time on very pleased that the rule makes in tleman from Virginia? the floor last week that the minority order the amendment offered by the There was no objection. did not feel the same. These important gentleman from Washington (Mr. INS- f new provisions offer consumers strong LEE), along with the gentlewoman from protection in the electronic world. California (Ms. ESHOO), myself, and ELECTRONIC SIGNATURES IN They require consumers to opt in if several other individuals, which GLOBAL AND NATIONAL COM- they wish to receive their documents strengthens and I believe solves the MERCE ACT in electronic form. consumer protection issues that were The SPEAKER pro tempore. Pursu- Let me repeat, nothing, nothing in of concern to some Members. ant to House Resolution 366 and rule this bill requires consumers to receive Specifically, on the third page of the XVIII, the Chair declares the House in documents electronically against their amendment, and I will quote, the the Committee of the Whole House on wishes. Further, the bill requires that amendment would provide that ‘‘Noth- the State of the Union for the consider- all consumers must receive important ing in this Act affects the content or ation of the bill, H.R. 1714. notices that may affect health or safe- timing of any disclosure required to be The Chair designates the gentleman ty in the traditional paper form. This provided to any consumer under any from Texas (Mr. BONILLA) as Chairman includes notices of such as the termi- statute, regulation, or other rule of of the Committee of the Whole, and re- nation of utility service, cancellation law.’’ I think that is about as broad as quests the gentleman from Washington of health benefits or life insurance, and we can get in terms of making sure (Mr. HASTINGS) to assume the chair foreclosure or eviction from a resi- that consumer protection statutes are temporarily. dence. undisturbed by this electronic signa- I would like to take this opportunity b 1226 ture act. to rebut some of the charges and un- It is my understanding that the IN THE COMMITTEE OF THE WHOLE founded attacks that were made by my chairman of the Committee on Com- Accordingly, the House resolved colleagues across the aisle when this merce is disposed to favor this amend- itself into the Committee of the Whole bill was brought to the floor last week. ment, and I think that shows the bipar- House on the State of the Union for the We heard that under H.R. 1714, con- tisan effort that has been underway to consideration of the bill (H.R. 1714) to sumers would be forced to accept elec- make sure that this electronic signa- facilitate the use of electronic records tronic documents, even if the consumer

VerDate 29-OCT-99 05:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.062 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11733 did not have a computer or an e-mail I would also like to touch on one Mr. Chairman, in September, the Banking account. more important consumer issue that Committee raised with the Commerce Com- b 1230 has been little discussed until now. mittee the need to make clear that the ``the Electronic signature technologies pro- autonomy of parties'' provision of the reported We also heard that 1714 will sweep vide consumers with much more assur- version of H.R. 1714 was not intended to limit away Federal and State consumer pro- ance that their transactions and com- the authority of the Federal banking agencies tection laws. These claims, Mr. Chair- munications will take place in a safe, to impose and enforce minimum safety and man, are completely false. secure and private environment. The soundness standards for the use of electronic As I have said many times pre- encryption capabilities that are used to signatures and records by entities they regu- viously, consumers must have safety, protect such valuable signatures offer late. I want to assure the Banking Committee security, and privacy on line or they much greater protection than ever pos- today that the language in Section 103(a)(4) of will not accept this new technology. sible in the traditional paper world. the modified text before us this afternoon was H.R. 1714 provides on-line consumers Electronic signatures provide a level drafted so as to accommodate those con- with a confident assurance that their of authentication that far surpasses cerns. Nothing in this bill should be interpreted on-line transactions will be secure and the ink signature that has come to be to interfere with the authority of federal bank- that they will continue to receive the the accepted standard. Moreover, H.R. ing agencies to impose and enforce minimum same consumer protections as con- 1714 makes it possible to have seamless safety and soundness standards for the use of sumers purchasing a product at a local and efficient processing of electronic electronic signatures and records by entities shopping mall. signatures records. Electronic trans- they regulate. We also heard, much to my surprise, actions have much less chance of Mr. Chairman, I reserve the balance claims that the process for considering human error, and provide for more reli- of my time. H.R. 1714 was unfair. First, it was able retention after the initial trans- Mr. DINGELL. Mr. Chairman, I yield claimed that the bill had been substan- action takes place. myself 6 minutes. tially changed since the minority had Critics have argued that this bill Mr. Chairman, I want to express con- last seen it. In fact, it was even should not apply to records. In fact, siderable affection and respect for the charged that the consumer protections they want to severely narrow the bill’s gentleman from Virginia (Mr. BLILEY), in the bill had been removed. This is scope to delete records. This would be a my good friend and the chairman of the simply untrue. shame and I could not support it. committee. But I want to observe that We provided the minority with a Records are an important component he is in error on a number of important copy of the text of H.R. 1714 before it in electronic commerce transactions. points. came to the floor, and with minor ex- Consumers will benefit from the use of First of all, we did have 2 weeks of ceptions that strengthen consumer pro- electronic records and we should pro- negotiation and we were making good tections, it was identical to the bill vide the legal framework to allow their progress. Second of all, the gentleman that they had agreed to just days be- use and acceptance. from Virginia terminated the discus- fore. The only real change was that the The world is moving towards a sions and brought the bill to the floor minority leadership had called a meet- paperless society and we cannot sit without completing the negotiations. I ing with a number of Committee on back and ignore reality as some would would observe we were making good Commerce Democrats in which they like us to do. A proper course of action progress. I would observe we could have were told to stop cooperating with the is to address records by adding appro- made further good progress and we majority, so we had the instance of pol- priate consumer protections like we could have a bill which could pass itics overriding substance. have done in H.R. 1714. unanimously. Regrettably, we do not Mr. Chairman, there were also Mr. Chairman, the 105th Congress because there are important consumer charges that the bill was brought to was credited with passing monumental protections which are missing from the floor too quickly. Again, such a legislation to help facilitate E-com- this bill. claim is false. H.R. 1714 was approved merce. This vote is perhaps the most The haste is charged up to partisan- by the Committee on Commerce unani- critical one that the 106th Congress ship. Well, that might perhaps tell mously by voice vote on August 5. We will consider to continue the growth more about the author of that state- filed our report on September 27. The and success of the digital economy. If ment than it does about anybody else. bill was originally scheduled to come Members support the U.S. high-tech in- In point in fact, our concern here is to the floor on October 18, but I asked dustry, they will vote ‘‘yes’’ on this protecting consumers and I will ad- it to be withdrawn so that we could bill. A vote in support of H.R. 1714 is a dress that question as I go forward in continue to negotiate with the minor- vote to support providing consumers my statement. ity. with greater security in on-line trans- Mr. Chairman, I also would observe The bill brought to the floor on No- actions. It is a vote in support of allow- something else and that is that there is vember 1 was the product of 2 weeks of ing business to provide new and inno- no magic to completing this legislation negotiations with the minority. This vative services on line. now, nor is there magic in completing can hardly be considered rushing legis- Mr. Chairman, I understand that an it within 14 days. Completing legisla- lation to the floor. Some have said that amendment will be offered today by a tion well in a fashion which serves the all that was needed was one more day number of my colleagues, including the interests of all parties, those who of negotiations. To that I say we have gentleman from Washington (Mr. INS- would engage in electronic commerce given the minority 14 days of negotia- LEE), the gentlewoman from California and those who would be consumers and tions. (Ms. ESHOO), the gentleman from Vir- customers of those who engage in elec- Any charges that the majority acted ginia (Mr. MORAN) and the gentle- tronic commerce, is in the best tradi- in bad faith are simply incorrect. I woman from California (Ms. LOFGREN). tions of this institution. gave the minority every opportunity to This amendment further clarifies the Now, Mr. Chairman, I would observe provide input from before the bill was important consumer protections that something else. The future of the introduced to right up until the bill are included in this bill. I thank the American economy depends upon our came to the floor. I think our negotia- gentleman from Washington (Mr. INS- making this new form of conducting tions were very successful. In fact, key LEE) and his colleagues for their con- business a success, one which can be consumer protections in the bill, Mr. structive work on this amendment and accepted by all and which can be re- Chairman, were the result of our nego- recognize that he and several other garded as being fair indeed to all. Un- tiations with the minority. Members of his party have made valu- fortunately, the bill before us contains Unfortunately, at the last minute the able contributions to this process, in- major flaws that harm consumers, and minority leadership decided they had stead of trying to undermine it. I regret that the gentleman from Vir- to block this legislation. They had to Mr. Chairman, I will support this ginia did not give us more time in keep Republicans from passing an im- amendment and I ask that all Members which to complete those matters. portant pro-technology bill that enjoys of the House do the same. I urge my Regrettably, I therefore must oppose unanimous support, unanimous support colleagues to rise above partisan poli- the bill in its current form. The gen- in the technology community. tics and support H.R. 1714. tleman from Virginia (Mr. BLILEY) did

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.065 pfrm02 PsN: H09PT1 H11734 CONGRESSIONAL RECORD — HOUSE November 9, 1999 work closely with the minority to cor- I will offer today with the gentleman which is going to score this as one of rect some of the deficiencies. I regret, from Missouri (Mr. GEPHARDT), the our major votes this year because busi- however, that gaps remain, some of gentleman from Michigan (Mr. CON- ness sees this, of course, as a major which are indeed serious. YERS) and the gentleman from New step forward in the development of It is interesting to note that many of York (Mr. LAFALCE). electronic commerce for our country the companies recommending and rep- The administration has additional and our country’s economy. resenting the high-tech community do concerns, as do I, concerning the effect But I want to speak more impor- not oppose the consumer protections of this bill in on-line transactions. For tantly about the impact of this E-SIGN which we think should be included. Re- these reasons I urge a ‘‘no’’ vote on bill on consumers. I think we all agree grettably, a small but nevertheless im- H.R. 1714 and urge my colleagues to that consumers are the backbone of the portant minority of business interests support the substitute which has been electronic commerce model. If con- continues to oppose consumer protec- made in order by the Committee on sumers do not feel comfortable, if they tions in any form. Those are not, re- Rules. do not feel at ease with this new tech- grettably, people in the electronic The substitute would take an impor- nology, then they are going to lose commerce business. Those are simply tant first step, fully recognizing the confidence in the growing electronic people in the financial interests of this validity of electronic signatures in commerce of our country and the country which want to have it all their contract law. That is good. The legisla- world, and that is certainly a result no way, and I can sympathize with my tion will give Congress the additional one wants. friend from Virginia in dealing with time to explore the effect on con- I understand, Mr. Chairman, that such an obdurate lot. sumers of the new electronic contract over 10 million Americans are going to An amendment today which will be laws to the myriad of important join in the electronic commerce revolu- offered will seek to improve the legis- records and documents that accompany tion this Christmas and make pur- lation, and I commend the authors of these agreements. It also would avoid chases for their Christmas gifts over the legislation, the gentlewoman from stomping on the actions of legislatures the Internet. California (Ms. ESHOO), the gentleman in having created and in addressing b 1245 from Washington (Mr. INSLEE), and contract problems, as they have tradi- others. Unfortunately, the amendment tionally done under the historic laws of But as more and more consumers would improve certain aspects of the the United States, wherein the matters come to use the Internet and the elec- bill but, unfortunately, it still falls of ordinary commerce are dealt with by tronic commerce, this E–SIGN bill is short. the several States and dealt with well, going to become more and more impor- The Bliley bill, even with the Inslee indeed, under things like the Uniform tant. This bill strikes, I think, the amendment, would harm consumers in Commercial Code. right balance. It recognizes that we are several ways. First, it would not re- Mr. Chairman, I see no reason for moving toward electronic transactions quire any notice, conspicuous or other- supplanting the knowledge, reason, and and then allows many types of trans- wise, that consumers are entitled to re- expertise and the traditions which have actions to take place over the Internet ceive certain records in writing under vested in the legislatures the ability to while, at the same time, it continues to existing law. Before choosing to re- address these questions by adding a provide the protections that consumers ceive these documents electronically, I whole new array of changes which may have been accustomed to in the world believe consumers should be given spe- or may not be in the consumers’ inter- of paper and written checks and con- cific notice as to what existing rights est and may not be in the interest of tracts, and in the analog world itself. they are giving up. Regrettably, the business in the United States and H.R. 1714, which I was very pleased to Bliley bill leaves consumers in the which clearly are opposed by consumer join the gentleman from Virginia dark on this matter. groups and by the administration. (Chairman BLILEY) in sponsoring in its Secondly, the opt-in provision as cur- Mr. Chairman, I ask unanimous con- onset, recognizes that there are impor- rently structured in the bill before us sent to yield 15 minutes of my time to tant State and Federal laws that pro- would allow all sorts of dissimilar the distinguished gentleman from tect consumers today such as the re- records to be bundled together giving, Michigan (Mr. CONYERS) to control as quirement that consumers be provided at best, confusion to the consumers he sees fit. copies of important documents such as and would require them to essentially The CHAIRMAN. Is there objection warrants, notices, and disclosures. take an all-or-nothing approach in to the request of the gentleman from This bill recognizes and retains these which records they agree to receive Michigan? important consumer protection laws electronically. There was no objection. and develops a system whereby con- Clearly, there are records and Mr. DINGELL. Mr. Chairman, I re- sumers can choose to accept electronic records, and clearly they should and serve the balance of my time. versions of the documents and then re- can be easily treated differently by the Mr. BLILEY. Mr. Chairman, I yield ceive them electronically. Understand, consumers and the purchasers. 31⁄2 minutes to the gentleman from consumers choose to do so. In effect, an on-line merchant could Louisiana (Mr. TAUZIN). It furthermore provides that con- require consumers to take it or leave Mr. TAUZIN. Mr. Chairman, I thank sumers must separately and affirma- it, thereby defeating the will of the the gentleman from Virginia (Mr. BLI- tively opt in and consent to receiving parties, and especially the consumers, LEY), chairman of the Committee on important documents electronically to receive some records electronically, Commerce, for yielding me this time. I and then must be assured that those but not others that they would prefer particularly want to commend him for documents can be retained for future to receive in a traditional form. this legislative effort and, like him, I use. That is why this bill has the right Finally, the bill would allow mer- want to thank particularly the gentle- balance, good for business, good for chants to vitiate contracts entirely if woman from California (Ms. ESHOO) of consumers. consumers do not agree to opt in to re- our committee who has done such Let me say a word in opposition to ceiving records electronically. That is great work over the years in helping to the substitute that we will see. The not an option. In the law it is called a develop an electronic signature bill for substitute would apply only to con- ‘‘contract of adhesion’’ and in a word it the E-commerce age, and the gen- tracts. is a contract which is not equal and in tleman from Washington (Mr. INSLEE) Let me give an example of what the which the parties are not equal parties and others for working with the chair- substitute will miss. Today we spend to a contract. man of the committee in offering a almost $4 billion handling paper checks Clearly, if we are seeking to improve very helpful amendment that we are with an electronic commerce world; $4 the attitude of consumers and to earn going to hear about later today. billion could be saved for consumers if, their trust, this is not the way that the Mr. Chairman, let me first say that in fact, we could literally bank elec- matter should be handled. The admin- this bill obviously has the support of tronically without the necessity of all istration shares these concerns and an incredible array of business groups, this paper. Imagine all the weight this strongly supports the substitute which including the United States Chamber, paper has in the transport industries as

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.115 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11735 cargo on planes. If one eliminates all uncontroversial bill to validate elec- Mr. BLILEY. Mr. Chairman, I yield 2 that paper in our lives and in the ship- tronic signatures and contracts has minutes to the gentleman from Vir- ment and cargoes and transportation, turned into a battle over the electronic ginia (Mr. DAVIS) in strong support of those kind of savings are ours if we re- records of every type imaginable. Let this legislation. ject the substitute and stick with the us try to rescue this measure from that (Mr. DAVIS of Virginia asked and main bill. kind of a result. was given permission to revise and ex- Mr. CONYERS. Mr. Chairman, I yield So for this reason, instead of consid- tend his remarks.) myself such time as I may consume. ering a bill that should be a win-win Mr. Chairman, I would like to begin situation, both for consumers and e- Mr. DAVIS of Virginia. Mr. Chair- by thanking the gentleman from commerce, we are now being pressured man, I am proud to be an original co- Michigan (Mr. DINGELL), dean of the into voting on a bill that pits the op- sponsor of this legislation and also fa- House and the ranking member of the portunities of one against the rights of miliar with the need to provide legal Committee on Commerce, for sharing the other. certainty to electronic signatures and the time in general debate with the It is, therefore, no surprise that the electronic records. That is why I ea- Committee on the Judiciary that I rep- bill is opposed by our administration. gerly cosponsored this legislation, be- resent on this side. It is opposed by consumer groups. It is cause I think it is time for Congress to Now, Mr. Chairman, we all know opposed by the National Conference of take positive, not regulatory, steps to there are millions of Internet users and State Legislatures and the United help promote growth and development millions of consumers, and that this Automobile Workers and many others. of electronic commerce. number increases daily. It has been So what we have here is, unfortu- Late last week, we were surprised by said here earlier, electronic commerce nately, a very good idea that has at- the minority leadership. They must is the future of our economy. As more tached to it provisions that undermine have decided that appearing to oppose and more people buy and sell merchan- consumer protection laws that would high-technology legislation was not dise on-line, we find that e-commerce require notice, warranties, and disclo- the political stance, so they decided to has made life easier for people as well sures to be in writing because it per- introduce their own electronic signa- as improved our overall economy by mits consumers to unwittingly click ture bill, H.R. 3220, which we will be making shopping and other commer- away many of these rights. considering later today as a substitute For example, critical notices regard- cial transactions far more convenient. amendment. I want to enact Federal legislation ing the cancellation or change in terms that would facilitate electronic signa- of insurance agreements or a change in Unfortunately, that legislation falls tures and make e-commerce more ro- the interest rate or the service or the way short of what is needed. The ap- bust. We need to ensure that contracts change of a servicer of a mortgage, of pearance of supporting technology leg- are not denied validity that they other- recall notices, and other warranty in- islation is not enough. There has to be wise would have simply because they formation could be sent electronically substance behind that appearance. I be- are in electronic form or signed elec- or posted on a Web site regardless of lieve that H.R. 3220 falls short. tronically. whether the person owns a computer, Last week on the floor, I spoke at Now, if the measure before us did this which it may not come as news to you, length about the important consumer without doing violence to our most many people do not, or whether the protections contained in this legisla- cherished and long-fought consumer consumer has an e-mail account, which tion, H.R. 1714, and tried to rebut some protections, I would be supporting it they may not, or whether they know of the claims that this was bad for con- without reservation. Now, especially how to navigate the World Wide Web sumers. I would like to briefly touch on with the recent decision in the Micro- even if they have the technology, some some of those points. soft case, which suggests that a high- of which do not. tech giant may not always be friendly Furthermore, this measure stands for First, consumers are absolutely free to consumers, it makes it even more the proposition that the States some- to choose or not to choose to enter into important than ever that consumers how do not have the ability to enact an electronic transaction. Nothing re- have confidence in the Internet and their own electronic commerce laws or quires any party to use or accept elec- that they believe it is friendly and a to reinstate many additional consumer tronic records or electronic signatures. friendly place to do business. This is protections. The bill simply offers consumers the critical to the future of this whole in- So rather than respecting the tradi- option to engage in electronic trans- dustry. tion in our country of hundreds of actions. If a consumer does choose to It is only when consumers have con- years that reserves contract law to the conduct an on-line transaction, that fidence in on-line transactions that it States, the bill says that the States, consumer is protected by the under- will become the vibrant marketplace that they may only reenact supple- lying Federal or State laws governing that it can be. The high-tech commu- mental consumer legislation if it fits that transaction. nity should not let itself be hijacked by into a narrowly described category. If a law requires that a notice or a security firms or banks or the insur- So far, thus, even if a State wanted disclosure be made available in writing ance industry whose history with re- to maintain its protections against to a consumer, then those traditional spect to consumers has not always fraudulent or deceptive practices and writings must continue to be delivered been what we would wish it to be. The automobile sales, for example, the Fed- to the consumer. Nothing in this bill, on-line community should be in the eral Government would in effect tell nothing, will nullify such existing forefront of consumer protection. In- the State that it cannot do so. State consumer protection laws. So for these and other reasons, we stead, they are being dragged back- Let me reiterate. Under H.R. 1714, wards by special interests. have created, along with the gentleman consumers must be provided with im- That is where I hope that I may be from Michigan (Mr. DINGELL) and the portant notices, disclosures, or other able to be of some small help in this de- other Members, a substitute that rep- documents as they are entitled to re- bate, because this measure, as it is resents the bipartisan language agreed ceive under the current law. written, goes far beyond the needs of on by Members of the other body, the vast majority of on-line businesses. Members, Senator ABRAHAM and Sen- Before a consumer can receive an H.R. 1714 has become an 11th hour grab ator LEAHY, that satisfies the needs of electronic copy of an important docu- bag for our special interests to hurt the high-tech community which we ment, such as a warranty or a disclo- consumers by undermining critical laud without sacrificing consumers in sure, a consumer must separately and laws that require notice of rights and the process. affirmatively consent to receive such a that prevent unscrupulous business So I urge that my colleagues reserve document electronically. That is, a people, of which, unfortunately, there their support for this substitute. consumer must specifically approve of are some, from cheating unsuspecting Mr. Chairman, I reserve the balance receiving electronic documents and customers. of my time. that portion of a contractor agreement Because of the special interests over- Mr. DINGELL. Mr. Chairman, I re- telling a consumer what documents he reaching, what started as an serve the balance of my time. or she will receive electronically.

VerDate 29-OCT-99 04:06 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.069 pfrm02 PsN: H09PT1 H11736 CONGRESSIONAL RECORD — HOUSE November 9, 1999 I urge my colleagues to support this with the adoption of the amendment who will be offering that recordkeeping legislation. The companies and manu- that we are going to discuss, and which provision and clarifying the record- facturers that use electronic tech- I am proud to offer with my colleague, keeping provisions of the bill. nology, along with on-line users, need the gentleman from Washington (Mr. Mr. Chairman, this legislation is this legislation. INSLEE), and several other Democrats, good public policy and it continues a Mr. DINGELL. Mr. Chairman, may I the bill takes a major step in guaran- strong tradition by the Committee on inquire of the time remaining. teeing that strong consumer protec- Commerce of enacting legislation that The CHAIRMAN. The gentleman tions can coexist with transactions in keeps up with the electronic market- from Virginia (Mr. BLILEY) has 151⁄2 cyberspace. I think that we can do place that is changing so dramatically. minutes remaining. The gentleman both, Mr. Chairman, and I am proud to I urge strong support of this legisla- from Michigan (Mr. CONYERS) has 71⁄2 support this bill, H.R. 1714, and urge all tion. minutes remaining. The gentleman of my colleagues to support it. Mr. CONYERS. Mr. Chairman, I yield from Michigan (Mr. DINGELL) has 9 Mr. BLILEY. Mr. Chairman, I yield 3 2 minutes to the gentlewoman from minutes remaining. minutes to the gentleman from Ohio California (Ms. LOFGREN), a member of Mr. DINGELL. Mr. Chairman, I yield (Mr. OXLEY). the Committee on the Judiciary. 2 minutes to the distinguished gentle- (Mr. OXLEY asked and was given Ms. LOFGREN. Mr. Chairman, I am woman from California (Ms. ESHOO). permission to revise and extend his re- pleased to appear today in favor of 1714, Ms. ESHOO. Mr. Chairman, I thank marks.) especially after the Inslee amendment the gentleman from Michigan, the dis- Mr. OXLEY. Mr. Chairman, I rise in is adopted. I would like to say that tinguished ranking member of the strong support of H.R. 1714. some of the tinge of rhetoric that ap- House Committee on Commerce, for Last Thursday, Mr. Chairman, the proaches partisanship, I think, is un- granting me the 2 minutes, especially House passed legislation to modernize fortunate. since we hold opposing views on this. the laws that govern our financial serv- I am privileged to serve with the gen- But I sincerely appreciate it. ices industry. The laws we changed tleman from Michigan (Mr. CONYERS), Mr. Chairman, I rise in support of were more than 60 years old and had the ranking member, who really has H.R. 1714, and I urge my colleagues to been bypassed in recent years by the played such a leadership role in so do support its passage. marketplace. Congress was in many many high-tech issues this year, in- I would like to thank the gentleman ways just trying to catch up with what cluding the patent reform bill and the from Virginia (Mr. BLILEY), the distin- had already happened. The lessons we Y2K reform bill. I mean we are here be- guished chairman of the full com- learned in that debate I think are quite cause we are dealing with difficult mittee, for his work on the legislation clear. If Congress cannot respond times, a transition from the analog and for all of my colleagues for their quickly to the changes in the market- world to the digital world, and I think interest in this very important public place and update the applicable laws, that as we do that, we have to create a policy area. the inevitable result will be more harm transition rule for the parts of the As many of my colleagues know, I than good. The longer we wait to act, country that are not where Silicon have a legislative history on the issue the more entrenched the various fac- Valley is yet. of electronic signatures in the Con- tions will become, making it more dif- In doing so, I think it is important gress, having introduced the first piece ficult for legislation with each passing that we establish some principles. I of legislation addressing this issue in day. heard the distinguished Member from the last Congress and succeeding in We do not need another web of incon- Michigan mention contracts of adhe- passing it into law. That bill required sistent State laws and Federal regula- sion, and clearly contracts of adhesion Federal agencies to make government tions that will leave consumers and violate contract law. I think it needs forms available on-line and accept a businesses guessing whether their con- to be emphasized that nothing in this person’s electronic signature on these tract is valid or not just because it was bill amends contract law other than forms. conducted on line. Let us understand the means of transmission. The me- In this Congress, I introduced a bill that the world is changing and the dium for transmission does not change to expand the legality of electronic sig- Congress needs to change the laws to the substance of the law. A contract is natures to the private sector. Today, reflect those inevitable changes. Elec- a contract is a contract. we are going to discuss a very impor- tronic commerce is growing exponen- We recognize that because we are in tant amendment to the bill of the gen- tially and will continue to change the a transition area there are certain tleman from Virginia (Mr. BLILEY), way we conduct our business. Given things that are too high risk to have which I believe improves the bill as it the opportunity before us to enhance fully in electronic commerce in this relates to consumer protections. electronic commerce in the same man- transition period, including fore- The bill includes technical neu- ner the marketplace has, it would be closures of real property and the like, trality, and it grants to States who foolish to a large extent not to provide that are outlined in the bill of the gen- have not yet adopted legislation in this the legal certainty that will benefit tleman from Virginia (Mr. BLILEY), but area this piece of legislation; and if consumers and facilitate commerce. it is important that we take a step for- they so wish to come up with more Our laws need to keep up with the sig- ward to promote electronic commerce. stringent legislation in a given period nificant technological developments. How do I do it? We bought our last of time, they then can do so. This bill, sponsored by the chairman car on line. And when I get the notices, of the Committee on Commerce, the I just click and file those notices under b 1300 gentleman from Virginia (Mr. BLILEY), my commercial receipts file in my e- I believe that the Congress must en- is designed to bring legal certainty to mail account. When I go to ama- sure that no roadblocks exist which electronic transactions. Legal cer- zon.com, and they send me the notices would stymie the growth of e-com- tainty. The parties need to understand of where my books are on the way, I merce. So I think the Congress must that when they sign that contract file those in a pending file. Some day, act to bridge the gap between now and there is a legal binding obligation on all of us will do that. the time when every State has passed both of them, and the handwritten sig- For now, this bill, with the amend- an updated form of the Uniform State nature more and more becomes less ment, will allow all of America to Law Code. The projections for the and less significant. move forward. growth of e-commerce and its effect on Mr. Chairman, this is another essen- Mr. BLILEY. Mr. Chairman, I yield 2 our economy are just simply too over- tial step necessary for our economy to minutes to the gentleman from New whelming. Business to business e-com- take advantage of the efficiencies of York (Mr. FOSSELLA), a distinguished merce was nearly five times greater electronic commerce. This is the same member of the committee. than e-commerce in the consumer mar- exact legislation most of us supported Mr. FOSSELLA. Mr. Chairman, I ket, reaching $43 billion just last year. just last week. I will also be supporting thank the chairman of the Committee This bill ensures that our laws do not the amendment by our friend, the gen- on Commerce, the gentleman from Vir- impede this staggering growth, and tleman from Washington (Mr. INSLEE), ginia (Mr. BLILEY), for yielding me this

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.070 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11737 time, and I compliment him for his ef- a consumer has the information that quirements for important notices, dis- forts and his leadership. they need to make informed decisions closures, or retained records necessary The American people want action, takes us back to the age of scams and for regulatory or supervisory govern- they just do not want words. And when frauds, but this time in the on-line en- ment activities. we add this to the Telecommunications vironment. We have been so successful This amendment, the Dingell amend- Act of 1996, and as was mentioned ear- in developing a legal environment that ment, is the very same language as the lier the Financial Modernization Act gives consumers’ rights and assures bipartisan compromise reached by Mr. that was passed overwhelmingly by the that outlaw merchants are dealt with, ABRAHAM and Mr. LEAHY in the Senate. House and Senate last week, I think it is not necessary and it benefits no If H.R. 1714 were to pass the House, it the gentleman from Virginia (Mr. BLI- one for the Internet to become the would never see the light of the day in LEY) deserves a lot of credit from this place for unscrupulous businesses to the Senate, it would be vetoed by the Congress because, ultimately, it means flourish. My fear is that H.R. 1714, the administration, and it would mark us good things for the American con- underlying bill sponsored by the gen- as supporting an anti-consumer bill. sumers, more jobs, and coming out on tleman from Virginia (Mr. BLILEY), I urge opposition to the bill and sup- the side of growth, such as the case would lead us down that path. port for the Dingell-Conyers amend- with the Electronic Signatures in Glob- The high-tech industries are seeking ment. al and National Commerce Act. an immediate Federal law validating Mr. BLILEY. Mr. Chairman, I yield 3 I rise today in support of H.R. 1714, electronic contract formation to help minutes to the gentleman from Roa- the Electronic Signatures in Global pave the way for the growth of elec- noke, Virginia (Mr. GOODLATTE). and National Commerce Act. As of tronic commerce until States can Mr. GOODLATTE. Mr. Chairman, I today, the success of electronic com- adopt a recently promulgated Uniform want to thank the gentleman for yield- merce has led 44 States to enact laws Electronic Transaction Act. We need to ing me this time, and I especially want to provide recognition for electronic provide that help, but H.R. 1714 goes to thank the gentleman from Virginia, signatures and records. However, all 44 way, way beyond this need. It satisfies the chairman of the Committee on statutes are different and many only a much broader, much more controver- Commerce, for his leadership on this recognize the use of electronic signa- sial, long-range desire of financial serv- issue. He has been at the forefront of tures and records in governmental ices and insurance industries to accom- this issue throughout this Congress, transactions. In today’s global econ- plish the goal of the financial services. and this is vitally important legisla- omy, a certain level of uniformity is H.R. 1714 seriously undercuts hard tion that I urge my colleagues to sup- necessary in order to conduct the busi- fought consumer protections as well as port and to oppose any substitutes or ness over State and international bor- both Federal and State regulatory re- any alternatives. ders. That is common sense. quirements. The bill threatens a The previous gentleman made ref- While electronic commerce, in the- State’s ability to adopt a uniform erence to protecting consumers. In my ory, represents the perfect model of State law with a permanent preemp- opinion, this legislation does more to interstate commerce, these many con- tion provision. help consumers in the transactions flicting standards lead to legal uncer- The National Conference of State that they participate in than anything tainty, to the point where it becomes Legislatures, in their letter of Novem- that we could do with relation to mak- impossible to effectively use electronic ber 1, opposes H.R. 1714, stating that ing sure that they get prompt and ade- signatures in the digital arena. the legislation will eviscerate con- H.R. 1714 creates a uniform nation- quate disclosure about contracts they sumer protections and impede the wide legal standard for the use and ac- sign. States’ insurance securities and bank- ceptance of electronic signatures and b 1315 ing agencies in their regulatory over- electronic records in interstate com- sight of the financial services industry. None of the current Federal or State merce. It allows parties the freedom to laws are abrogated in terms of notices set their own rules for using electronic This from the State legislatures. In a letter we received today, the Na- that go to consumers regarding par- signatures and electronic records in tional Consumers Law Center, the ticular transactions that they partici- interstate commerce. Any contracts or United Auto Workers, and the Con- pate in. They simply will be allowed to agreements developed electronically by sumers Union expressed their opposi- receive those notices electronically the agreeing parties have full legal ef- tion for the underlying bill, and even now. And that has a number of very fect. positive benefits. H.R. 1714 furthermore recognizes the with the Inslee amendment, and their First, it is faster. If there is a change progress that States have already made support for the Dingell-Conyers-La- in the area of electronic signatures and Falce-Gephardt substitute. in circumstances, if there is a problem allows them to pass any statute that States and the Federal Government with a product, a defect, they are going complies with the basic principles of should have the opportunity to review to get that notice much more quickly this Federal bill. their writing requirements and deter- electronically than they will get it Mr. Chairman, I urge my colleagues mine which can be done away with and through the mail. to join me in supporting this important which standards should apply in each Secondly, it is cheaper. Some types bill. It is common sense and it puts specific situation where electronic of financial transactions are 100 times Congress on the side of facilitating and records may be substituted. A reckless more costly to conduct in person than encouraging economic growth instead uninformed broad-brush approach, such they are if they can conduct the trans- of standing in its way. as we see in H.R. 1714, is offensive to action electronically. And if they are Mr. CONYERS. Mr. Chairman, I yield this notion. We cannot blindly wipe dealing with somebody on the other 4 minutes to the gentleman from Cali- away State and Federal writing reside of the country, the delay in being fornia (Mr. BERMAN). quirements and then provide a narrow able to participate in that and close Mr. BERMAN. Mr. Chairman, I think patchwork of exceptions and opportu- that contract, because we do not have the entire body wholly supports and we nities for only States, not the Federal a nationally recognized standard for want to use this opportunity to encour- Government, not Federal regulatory accepting digital signatures, is very age the growth of the Internet and e- agencies, to reestablish requirements costly to consumers as well as to other commerce, but moving to a digital where needed after some disastrous people. Business people engage in busi- world, moving to the world of the systemic failure. ness-to-business transactions, as well. Internet, it does not follow that every The substitute amendment offered by But probably the most important principle of Federalism and every prin- the ranking member, the gentleman reason why this is more helpful to con- ciple of consumer protection should be from Michigan (Mr. DINGELL) and his sumers than current law is that the in- wiped out, obviated and extinguished colleagues, provides the needed uni- formation they get will be better; it in the name of advancing e-commerce formity as to contract formation. It will be more comprehensive. and e-contracts and e-signatures. gives the boost that is needed for e- If they have a notice about a par- Eliminating hard fought laws, both commerce without interfering with ex- ticular disclosure that is required State and Federal, that make sure that isting laws that address writing re- under the law for a real estate closing

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.074 pfrm02 PsN: H09PT1 H11738 CONGRESSIONAL RECORD — HOUSE November 9, 1999 or a bank loan, whatever the case Mr. BLILEY. Mr. Chairman, how lation. While I favor an implementation of the might be, and they do not understand a much time do we have remaining? use of electronic signatures, this measure sets particular word in that notice, under The CHAIRMAN pro tempore (Mr. a policy path of electronic commerce and electronically transmitted informa- MILLER of Florida). The gentleman computer dependence, and strips key federal tion, the bank or the other company from Virginia (Mr. BLILEY) has 8 min- and consumer safeguards and protections providing the information can put a utes remaining. The gentleman from from transactions. whole host of other information on- Michigan (Mr. CONYERS) has 11⁄2 min- I have deep reservations about this legisla- line. They can click on a particular utes remaining. The gentleman from tion for reasons which I brought forth on the word in that notice and get an expla- Michigan (Mr. DINGELL) has 6 minutes floor last week. One specific concern which I nation of it, a definition of the word, if remaining. raised at that time was that H.R. 1714 com- they do not understand what it means Mr. BLILEY. Mr. Chairman, I reserve pletely undermines protections afforded by in that particular context. the balance of my time. laws and regulations such as the Consumer So from the standpoint of the con- Mr. DINGELL. Mr. Chairman, I yield Credit Protection Act, Truth in Saving, the sumer, this is vitally important. 2 minutes to the distinguished gen- Real Estate Settlement Procedures Act and Secondly, from the standpoint of uni- tleman from Minnesota (Mr. VENTO). other key consumer laws such as the Magnu- formity, of having one national area of Mr. VENTO. Mr. Chairman, I thank son Moss Act, which is the federal law requir- commerce to be able to conduct busi- the distinguished gentleman from ing basic information about the extent and lim- ness across State lines without the dif- Michigan (Mr. DINGELL) for yielding itations of warranties to consumers. ficulties that come from a morass of, a me the time. I requested to offer an amendment last night variety of different laws from different Mr. Chairman, I rise in opposition to at rules which would add these protections to States, that is vitally important. this bill. I would have opposed the rule the provisions excluded in the bill, so that Now, instead of being only able to had I been here and requested a rollcall these laws would not be overridden. Unfortu- buy from people nearby them all gov- vote. The fact of the matter is, late in nately, this amendment was not made in order erned by the same State law, people the session, first this is attempted to by the Rules Committee. By preserving, not are now empowered to buy things by be passed on suspension of the rules. It preempting the requirements of these laws auction or other ways on-line from a has been a moving target for the last 3 that afford consumers key information at the whole host of different ways. weeks in terms of how this bill can be right time before, during and after transactions I urge Members to reach across the sold to the Members of this body. are consummated, the Vento amendment line. We have had some differences on I think any discussion or evaluation would have assured that essential information this bill. Let us have a strong bipar- of this measure yields more and more required by federal laws and regulations would tisan vote. It had almost a two-thirds problems that are inherent in the bill. not be made electronically when a consumer vote when it came up under suspension. The fundamental bill in terms of elec- might not have a computer, might have a bro- Let us give it a majority here today. tronic signatures, as has been pointed ken computer or printer, might acquire a new Mr. DINGELL. Mr. Chairman, I yield out by some of my other colleagues, e-mail address or service provider, or might 1 minute to the distinguished gen- probably could have been passed with not clearly understand the importance of notifi- tleman from Washington State (Mr. near unanimous support in this body. cations or disclosures that they assent to ob- INSLEE). The fact is that this bill does not just taining electronic electronically, never to read Mr. INSLEE. Mr. Chairman, I rise in deal with electronic signature but goes or know if they missed it. Without these pro- support of H.R. 1714 after completion of on to invade a plethora of both State tections, populations like our seniors who are our amendment. and national laws which are at the already at a technological disadvantage will be I want to thank the gentleman from heart, basically, of financial trans- rendered even more vulnerable. Michigan (Mr. DINGELL), the gentleman actions and consumer protection, I also offered an amendment which would from Michigan (Mr. CONYERS), and the which have received the deliberate have added a new section providing privacy gentleman from New York (Mr. LA- judgment of this Congress for decades protections to this legislation. This too was re- FALCE) for their guidance and long- and, I trust, that of legislatures across jected by the Rules Committee. Digital signa- time leadership on consumers issues. this country. tures will make it easier for consumers to buy They have helped me craft this amend- It fundamentally invalidates any goods and services directly from the comfort ment in a way that I think will help State law and a host of Federal laws of their own homes, and allows businesses an consumers. that are inconsistent with the provi- unprecedented opportunity to reach more cus- I want to thank the gentleman from sions of this bill. It permits consumers tomers. This expansion of e-Commerce, how- Virginia (Chairman BLILEY) for his simply on the assumption that they ever, should not come at the expense of al- courtesy in trying to put this together. understand what is in the disclosure lowing for the misuse or exploitation of a wide Mr. Chairman, I want to tell my col- documents and records to dispense range of consumer data. This amendment leagues that I believe we have a prod- with them and to receive them elec- would have allowed consumers to regain uct, after completion of our amend- tronically. some control over their own personal informa- ment, that is pro-consumer. I will tell I would just suggest that the efforts tion without unnecessarily hindering Internet my colleagues two reasons. Number to date to try and repair this by virtue services which collect information for legiti- one, this is a consumer freedom bill. It of accepting something like the Inslee mate purposes, and replace the self regulated gives consumers a new freedom and the amendment simply sugarcoats the end environment that is being promoted todayÐ freedom to be allowed to receive infor- result. The end result will be the same. without standards or compliance and no en- mation and complete transactions elec- I appreciate the effort of the gen- forcement. It is unworkable and unacceptable. tronically, a right, a freedom that will tleman to try and protect consumers. Specifically, my amendment would have dis- remain theirs and theirs alone. Only But, in the end, I think that that pro- allowed any Internet service from passing on consumers will have the prerogative to posal may make something more palat- information to a third party unless clear and decide whether or not transactions are able that is indigestible in terms of conspicuous notice is provided and consumers electronic. what goes down. are allowed an opportunity to direct that the in- Secondly, Mr. Chairman, I want to This bill fundamentally is an over- formation not be shared. In addition, con- make abundantly clear throughout this reach. It sunsets all of these State laws sumers would be able to require a copy of the debate, nothing in my amendment or with the right for States to come back information compiled about them at no charge, the bill, nothing, not one word, will re- and reenact them. and allowed to review, verify or correct such move one single consumer protection Well, we all know the host of special data. Internet services would still be able to to receive a notice of any law in this interest groups that are going to be share information with their affiliates, allowing country State, Federal, or municipal. there waiting to oppose that both at them to perform necessary transactional serv- Look at page 3 of our amendment. the Federal and State level such enact- ices and functions. Most importantly, this Nothing will remove the right to get ment. It just is breathtaking. And it is amendment would have ensured that those this notice. dumping and reneging on consumer businesses which offer services or products All it does is it changes from papyrus laws that exist and protect individuals. over the Internet take affirmative responsibility or lambskin to electronic at the con- Mr. Chairman, I rise today in support of the to maintain the integrity of the information sumer’s request. amendment, and against the underlying legis- being accumulated.

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.081 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11739 Recently, the House included privacy provi- puter to maximum advantage because Mr. Chairman, at our hearings on the sions into the Financial Services Moderniza- they are far more interested in oppor- Committee on the Judiciary, we were tion legislation. This was a step forward in the tunity than in security. told that legislation was needed to en- arena of providing safeguards for consumer In fact, when they were recently sure the validity of electronic agree- data. However, we are all well aware that con- asked in a survey what was more im- ments entered into by private parties cerns regarding the protection of consumer portant to them, opportunity or secu- until the States are able to adopt the data go far beyond the realm of the financial rity, they saw opportunity overwhelm- uniform electronic transactions act. In world. It is important that we in Congress sup- ingly as more important to them. They other words, it was needed to fill the port a clear and consistent message when wanted to be able to protect them- gap until the States could act. dealing with the issue of information collection selves, certainly, but they feel empow- That made sense. But then the bill and use. This amendment would expand pri- ered to do that on their own. . was hijacked. Instead of filling the gap, vacy regulations to ensure that consumers as The fact is that the consumers that it preempted the field; it prohibits the will be affected by this bill will be em- well as businesses are able to utilize tech- States from enacting the uniform law, powered, will be advantaged by this nology to its fullest potential without infringing as California has just recently already legislation. It is not just companies on the basic right to privacy. done, in a way that preserves consumer Some of my other concerns have been ad- who will be able to operate more effi- protections. It even prohibit the States ciently. It is consumers who want the dressed by the Dingell/Conyers/LaFalce/Gep- from reenacting those protections to ability to use their computers, to use hardt amendment, which I have cosponsored. the extent that we supersede them. the Internet in the most efficient and This substitute amendment recognizes that in Now, how do people who only yester- effective and legal, manner possible. order to be successful, e-Commerce can not The fact is that in this bill con- day were waving the banner of States’ pit high-tech business against consumers. Ad- sumers who will be using e-commerce, rights and espousing federalism defend ditionally, it deals with another problem which digitized signatures, have the oppor- a bill that sets aside the will of the I raised last week, by not undermining State tunity to affirmatively and separately States in such a cavalier fashion? rights and judgment in dealing with issues consent prior to receiving their notices Well, we hear the term ‘‘uniformity.’’ such as what records must be retained in electronically. It ensures that existing Yet, if uniformity were all they were paper forms and when and how consumers consumer protection laws that are in after, they would have been satisfied to must be notified about changing cir- place today are maintained. The fact is let the bill sunset as the uniform act is cumstances or enforcement of key contract that we build upon the laws that exist adopted by each of the States over the terms. Additionally, it provides that a contract today. coming months. And they did not. It is may not be denied legal effect or enforce- This is going to come. It can either not in the bill. ability solely because an electronic signature come with the support, the encourage- What the proponents of the bill real- or electronic record was used in its formation. ment, the empowerment by the Con- ly want is to arrest the process, to pre- These are common sense measures which gress, or it can come despite the Con- vent the States from preserving con- ensure that consumers are not the gress. We ought to work for and with sumer protection laws, which they unsuspecting victims in the excitement to em- the new economy, not in opposition to want to do away with. It is that simple. brace technological advances in commercial its culture and its opportunities. It is one thing to try to ensure the va- dealings. My comments are really directed to lidity of electronic signatures. I sup- In conclusion, I feel that the House should my own party because I know that the port that effort, and I am sure if that address the issue of electronic signatures in opposition is well intentioned; and it is was the import of the legislation it its totality, and H.R. 1714 fails to address sev- thoughtful and it is knowledgeable. would pass unanimously in this body. eral areas which should be further improved. But it is wrong and shortsighted. The But it is another attempt to use this The consequences of moving too quickly on reality is that what we are debating is legislation as an end run around State the implementation of legislation which will ex- already happening today. consumer protection legislation. That pand e-Commerce can not be underestimated. Digitized signatures work. People is what this bill is all about. The law of unintended consequences should find them to be not only easier to use I urge adoption of the substitute and be avoided by not over reaching with the un- but, in fact, entirely consistent with defeat of the bill. derlying measure. With the vast potential that the economy in which they are oper- Mr. Chairman, I rise in opposition to this bill the Internet promises, it is vital that we con- ating. This will show that the Congress and in support of the Dingell-Conyers-LaFalce- sider the interests and needs of businesses, can be ahead of the curve, that Con- Gephardt substitute. the industry and consumers equally, so that gress can play a constructive role, that What we have here, Mr. Chairman, is a everyone can benefit from this venture. the Congress can be leading instead of case of legislative hijacking. A bill intended to Mr. BLILEY. Mr. Chairman, I yield 3 impeding. Instead of always trying to enhance the ease and security of electronic minutes to the gentleman from Vir- play catch-up like we had to do with transactions has been commandeered. By a fi- ginia (Mr. MORAN). the Financial Services Modernization nancial services industry that sees an oppor- Mr. MORAN of Virginia. Mr. Chair- Act. tunity to sweep aside a generation of state Look to the consumers who are using man, we have heard a lot about the dig- laws. Laws that enshrine such familiar and the Internet. They are asking for this ital divide. And certainly one exists be- fundamental concepts as proper notice. Full ability to use digitized signatures. This tween those school systems and com- disclosure. Informed consent. Truth in lending. is what the new economy is all about. munities who can afford to be wired Fair credit practices. This is why we are so prosperous. We and those who cannot. These laws have helped ensure that the or- ought to be part of this progress by But there is also a digital divide in dinary citizen will not be taken advantage of contributing to it and certainly not op- the Congress. It is between those who pose thoughtful legislation like this. by powerful commercial interests who have all understand the new economy and what Mr. DINGELL. Mr. Chairman, I yield the leverage. Who hold all the cards. And in constructive role we can play in it and 1 minute to the distinguished gen- so doing, these laws have helped maintain a those who are afraid of it and feel the tleman from Massachusetts (Mr. thriving economy that depends on consumer need to protect us from it. DELAHUNT). confidence. The people who are using the Inter- Mr. CONYERS. Mr. Chairman, I yield That is supposedly what this bill is about. net with their computers around the 11⁄2 minutes to the gentleman from Consumer confidence in electronic trans- country tend to be more confident of Massachusetts (Mr. DELAHUNT), my actions. Yet ironically, by undermining state themselves than we are of them and colleague on the Committee on the Ju- protections, this bill will erode consumer con- their ability to use the New Economy diciary. fidence. Not enhance it. If this bill becomes to their advantage. They, in many The CHAIRMAN pro tempore. The law, consumers will have fewer rights. And ways, are more knowledgeable than we gentleman from Massachusetts (Mr. they will be less certain what rights they re- are about the role that computers can DELAHUNT) is recognized for 21⁄2 min- tain. Hardly a recipe for consumer confidence. play in making their lives easier and utes. At our hearings, we were told that federal more productive. They certainly want Mr. DELAHUNT. Mr. Chairman, I legislation was needed to ensure the validity to be empowered to have the choice of thank both gentlemen for yielding me of electronic agreements entered into by pri- whether or not they will use their com- the time. vate parties until the states are able to adopt,

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A09NO7.016 pfrm02 PsN: H09PT1 H11740 CONGRESSIONAL RECORD — HOUSE November 9, 1999 the Uniform Electronic Transactions Act. In I want to congratulate the chairman in time, if it is signed into law, for the other words, it was needed to fill the gap until of the Committee on Commerce for his year 2K bug to bite. The question that the states could act. leadership here. This is excellent legis- has to be asked is what happens if the But then the bill was hijacked. Instead of fill- lation. As a member of the Committee Internet provider is down and the indi- ing the gap, it preempts the field. It prohibits on Banking and Financial Services, I vidual does not get the notice. What the states from enacting the uniform lawÐas will look forward to continuing to happens if on that particular day there California has recently doneÐin a way that work in the future on other aspects of is a virus that contaminates the oper- preserves consumer protections. It even pro- e-commerce as it relates to more spe- ation of the recipient or the sender, so hibits the states from RE-enacting those pro- cific banking legislation. the recipient never gets it. Look at the tections to the extent we supersede them. I rise today in strong support of H.R. 1714, wide array of notices which are ex- How do people who only yesterday were the Electronic Signatures in Global and Na- tremely important and which are pro- waving the banner of ``states rights'' defend a tional Commerce Act. tected in a wide array of State laws, bill that sets aside the will of the states in so The bill accomplishes the two major, and notices of nonpayment of taxes, notices cavalier a fashion? often conflicting, goals of being both Pro Busi- which would vitiate a mortgage, enti- They do so in the name of `ùniformity.'' yet ness and Pro Consumer. As we have heard, tle the mortgagor to cancel or to fore- it uniformity were all they were after, they millions of Americans are shopping via the close. Those are things which would would have been satisfied to let this bill sunset Internet everyday. The growth in e-commerce hurt the mortgagee. as the Uniform Act is adopted by each of the is expected to explode in the next 2 years with I would ask my colleagues to under- states over the coming months. U.S. Consumers spending billions on line by stand that what we are trying to do What the proponents of the bill really want the year 2001. E-commerce is happening as here is not to stop electronic com- is to arrest that process. To prevent the states we speak. We here in Congress should do ev- merce or the signing of contracts elec- from preserving consumer protection laws erything we can to promote e-commerce. I be- tronically but, rather, to assure that a which they want to do away with. It is one lieve H.R. 1714 strikes the right balance be- wider array of judgments are available thing to try to ensure the viability of electronic tween encouraging the growth of e-commerce to the purchaser and that he may then signatures, and I support that effort. But it is while including common sense consumer pro- insist that he get, for very good reason, another to use this legislation as an `ènd run'' tections. certain kinds of notices which he around state consumer protection laws. The bill is Pro Business because it ensures might view as being important. The Apart from the policy considerations, it that Internet transactions have the same legal mortgagor or the seller or the vendor raises serious constitutional questions. Given effect and recognition as paper transactions. under the contract has every right to the recent holdings of the Supreme Court re- This is accomplished by establishment of a ask that individual if he will then garding the limits of congressional power, I federal law which recognizes e-signatures as change the contract to waive those have serious doubts that we have the author- having the same force and effect as an ink rights. But we are trying to protect ity to preclude the states from re-enacting signature. In addition, required records and historic rights that have always be- laws in an area of commercial activity that lies disclosures may be delivered electronically IF longed to purchasers under written so squarely within their traditional sphere of the Consumer `òpts in''. contracts under the law of the several competence. The bill is Pro Consumer because it encour- States. We should do all we can to embrace and ages the growth of e-commerceÐwhich has I would give Members just one last encourage the development of electronic com- led to lower prices, greater choice and round quote. Under Statement of Administra- merce. But if that brave new digital world is to the clock availability. These developments are tion Policy, the administration makes provide hospitable to human habitation, we all Pro Consumer. this statement, and Members should be must take with us the great advances in the Later on we are going to consider the Ins- aware that they are probably looking law that have made this world habitable. lee/Eshoo/Dooley/Moan/Roukema Amend- at a veto here: I am ready and willing to support a bill that ment. This Amendment includes several provi- ‘‘The administration believes that en does this, Mr. Chairman, but the current pro- sions from H.R. 2626, the Electronic Disclo- bloc amendments fall short of elimi- posal falls too far short of the mark. That is sures Delivery Act of 1999, which I introduced nating serious defects in H.R. 1714. The why it is opposed by the Administration, and on September 1st along with Mr. INSLEE and Secretaries of Commerce, Housing and by every major consumer organization in the Mr. LAZIO. The Amendment is pro consumer Urban Development, and the Treasury country. because it provides the additional consumer will recommend the President veto I urge my colleagues to oppose the bill and protections such as (1) Customer `òpt in'' for H.R. 1714 with the en bloc amendments. support the substitute. Mr. BLILEY. Mr. Chairman, how electronic delivery specifically required, (2) For the reasons explained below and in much time do I have remaining? clear requirements on review, retention and the enclosed Statement of Administra- The CHAIRMAN pro tempore. The printing of documents and disclosures, (3) the tion Policy, the administration would gentleman from Virginia (Mr. BLILEY) ability of a Customer to `òpt out'' of electronic support adoption of the Gephardt-Din- has 5 minutes remaining. The gen- delivery at any time. gell-LaFalce-Conyers substitute.’’ Let us try to pass something which tleman from Michigan (Mr. DINGELL) I thought these were good provisions when has 3 minutes remaining. I introduced H.R. 2626. I thought they were will make progress, something which Mr. BLILEY. Mr. Chairman, I yield 2 good provisions when proposed before the will protect consumers, something minutes to the gentlewoman from New Rules Committee, and that is why I cospon- which will move forward electronic Jersey (Mrs. ROUKEMA). sored the Inslee Amendment. It clearly im- commerce but not something which af- proves the Bill and we should approve the Ins- fords enormous operation to hurt inno- b 1330 lee Amendment later on when we have the cent purchasers around this country. Mrs. ROUKEMA. Mr. Chairman, I opportunity. Mr. BLILEY. Mr. Chairman, I yield thank the gentleman for yielding me Mr. Chairman, this bill is an extremely good myself the balance of my time. this time. I will not take the entire 2 bill. I urge strong support for H.R. 1714. This has been an interesting debate. minutes. I had not anticipated speak- Mr. DINGELL. Mr. Chairman, I yield First of all let me say that this bill ing on behalf of the general debate, but myself the balance of my time. came out of the Committee on Com- I certainly do rise in strong support of Mr. Chairman, the issue here is a merce unanimously August 5. We have this proposal. very simple one. It is not about wheth- worked with the minority. It was origi- I want to make it clear here that this er the contract may be signed elec- nally scheduled for October 18 on the is not anti-consumer, it is both pro- tronically. Everyone here is in agree- floor. They asked for further consider- business and pro-consumer, it really ment that that is a good thing. It is ation. We pulled it. And we worked. Ev- does not denigrate or eliminate any about the notices which follow after erything was all in agreement. And consumer protections that are cur- that, notices of waste on a real estate then last Friday, the White House rently in law, and it goes beyond that. contract, notice of failure to comply comes down here and gets a meeting I particularly am a strong supporter of with requirements for insurance, fail- with the Democrat leadership and all the Inslee amendment and would like ures of the electronic media to deliver. of a sudden this becomes a terrible bill. to speak on that at the appropriate An interesting thing to note would be Nothing could be further from the time. that this proposal is going to come just truth. This is a thing to prevent this

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.017 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11741 legislation being adopted on Repub- I urge my colleagues to protect consumers of subparagraphs (A) and (B) of subsection licans’ watch. and reject H.R. 1714. (c)(1). Let me give Members a list of the The CHAIRMAN pro tempore (Mr. (c) RETENTION OF CONTRACTS, AGREEMENTS, AND RECORDS.— people who support this legislation: MILLER of Florida). All time for gen- (1) ACCURACY AND ACCESSIBILITY.—If a stat- IBM, Information Technology Asso- eral debate has expired. ute, regulation, or other rule of law requires ciation of America, Information Tech- In lieu of the amendments rec- that a contract, agreement, or record be in nology Industry Council, Microsoft, ommended by the Committees on Com- writing or be retained, that requirement is American Insurance Association, Alli- merce and the Judiciary now printed in met by retaining an electronic record of the ance of American Insurers, American the bill, it shall be in order to consider information in the contract, agreement, or Council of Life Insurance, Council of as an original bill for the purpose of record that— Insurance Agents and Brokers, Na- amendment under the 5-minute rule an (A) accurately reflects the information set tional Association of Mutual Insurance forth in the contract, agreement, or record amendment in the nature of a sub- after it was first generated in its final form Companies, National Association of stitute printed in the CONGRESSIONAL as an electronic record; and Surety Bond Producers, Reinsurance RECORD and numbered 1. That amend- (B) remains accessible, for the period re- Association of America, Securities In- ment shall be considered read. quired by such statute, regulation, or rule of dustry Association, America Online, The text of the amendment in the na- law, for later reference, transmission, and America Electronics Association, GTE, ture of a substitute is as follows: printing. MCI WorldCom, Cable and Wireless, H.R. 1714 (2) EXCEPTION.—A requirement to retain a contract, agreement, or record in accordance DLJ Direct, PanAm Sat, Telecommuni- Be it enacted by the Senate and House of Rep- cations Industry Association, National with paragraph (1) does not apply to any in- resentatives of the United States of America in formation whose sole purpose is to enable Retail Federation, Charles Schwab, Fi- Congress assembled, the contract, agreement, or record to be delity, Ford Motor Credit, National As- SECTION 1. SHORT TITLE. sent, communicated, or received. sociation of Manufacturers, AT&T, This Act may be cited as the ‘‘Electronic (3) ORIGINALS.—If a statute, regulation, or U.S. Chamber of Commerce, and the Signatures in Global and National Com- other rule of law requires a contract, agree- Chamber will score this bill; Invest- merce Act’’. ment, or record to be provided, available, or ment Company Institute, Yahoo, TITLE I—VALIDITY OF ELECTRONIC retained in its original form, or provides con- Equifax, International Biometric In- RECORDS AND SIGNATURES FOR COM- sequences if the contract, agreement, or dustry Association, Consumer Mort- MERCE record is not provided, available, or retained SEC. 101. GENERAL RULE OF VALIDITY. in its original form, that statute, regulation, gage Coalition, Financial Services or rule of law is satisfied by an electronic (a) GENERAL RULE.—With respect to any Roundtable, Sallie Mae, Apple Com- record that complies with paragraph (1). puter, Hewlett-Packard, American contract, agreement, or record entered into or provided in, or affecting, interstate or for- (4) CHECKS.—If a statute, regulation, or Bankers Association, Consumer Bank- eign commerce, notwithstanding any stat- other rule of law requires the retention of a ers Association, the New York Stock ute, regulation, or other rule of law, the check, that requirement is satisfied by re- Exchange, Business Software Alliance. legal effect, validity, or enforceability of tention of an electronic record of all the in- This is a good bill. Nobody in this such contract, agreement, or record shall not formation on the front and back of the check legislation is coerced to do anything. be denied— in accordance with paragraph (1). They have to agree. And, working with (1) on the ground that the contract, agree- SEC. 102. AUTHORITY TO ALTER OR SUPERSEDE ment, or record is not in writing if the con- GENERAL RULE. the minority, we say that if there is (a) PROCEDURE TO ALTER OR SUPERSEDE.— tract, agreement, or record is an electronic anything to do with eviction, fore- Except as provided in subsection (b), a State record; or closure, that this is exempted, it is statute, regulation, or other rule of law may (2) on the ground that the contract, agree- carved out of here, you cannot do it modify, limit, or supersede the provisions of ment, or record is not signed or is not af- section 101 if such statute, regulation, or this way. firmed by a signature if the contract, agree- Mr. Chairman, this is a good bill. We rule of law— ment, or record is signed or affirmed by an (1)(A) constitutes an enactment or adop- had a great vote a week ago. Let us not electronic signature. tion of the Uniform Electronic Transactions go back on that. Let us move the legis- (b) AUTONOMY OF PARTIES IN COMMERCE.— Act as reported to the State legislatures by lation forward, go to conference with (1) IN GENERAL.—With respect to any con- the National Conference of Commissioners the Senate, and then send legislation tract, agreement, or record entered into or on Uniform State Laws; or to the President. provided in, or affecting, interstate or for- (B) specifies the alternative procedures or eign commerce— Mrs. MINK of Hawaii. Mr. Speaker, I rise requirements for the use or acceptance (or (A) the parties to such contract, agree- both) of electronic records or electronic sig- today in opposition to H.R. 1714, the Elec- ment, or record may establish procedures or tronic Signatures in Global and National Com- natures to establish the legal effect, valid- requirements regarding the use and accept- ity, or enforceability of contracts, agree- merce Act. ance of electronic records and electronic sig- ments, or records; and No one can deny what an amazing effect natures acceptable to such parties; (2) if enacted or adopted after the date of the Internet and electronic commerce has had (B) the legal effect, validity, or enforce- enactment of this Act, makes specific ref- on national and global commerce. The Internet ability of such contract, agreement, or erence to this Act. record shall not be denied because of the has allowed some businesses to flourish in a (b) LIMITATIONS ON ALTERATION OR SUPER- type or method of electronic record or elec- global marketplace in a way not possible by SESSION.—A State statute, regulation, or tronic signature selected by the parties in other rule of law (including an insurance traditional means. establishing such procedures or require- The remarkable opportunities which the statute, regulation, or other rule of law), re- ments; and gardless of its date of enactment or adop- Internet and electronic commerce provides (C) nothing in this section requires any tion, that modifies, limits, or supersedes sec- needs to be protected by ensuring that elec- party to use or accept electronic records or tion 101 shall not be effective to the extent tronic signatures and contracts are held as le- electronic signatures. that such statute, regulation, or rule— gally valid and binding. H.R. 1714, however, is (2) CONSENT TO ELECTRONIC RECORDS.—Not- (1) discriminates in favor of or against a not the best bill to accomplish this because it withstanding subsection (a) and paragraph specific technology, process, or technique of achieves the goal of validating electronic sig- (1) of this subsection— creating, storing, generating, receiving, (A) if a statute, regulation, or other rule of natures and contracts at the expense of Amer- communicating, or authenticating electronic law requires that a record be provided or records or electronic signatures; ican consumers. made available to a consumer in writing, (2) discriminates in favor of or against a If H.R. 1714 becomes law, we can expect that requirement shall be satisfied by an specific type or size of entity engaged in the that many of our Nation's consumers will un- electronic record if— business of facilitating the use of electronic knowingly ``click away'' their rights because (i) the consumer has separately and affirm- records or electronic signatures; this bill does not ensure that any and all no- atively consented to the provision or avail- (3) is based on procedures or requirements tices to consumers about their rights and the ability of such record, or identified groups of that are not specific or that are not publicly consequences of electronically signing their records that include such record, as an elec- available; or tronic record; and names be either clear or conspicuous. This is (4) is otherwise inconsistent with the pro- (ii) has not withdrawn such consent; and visions of this title. fundamentally unfair to consumers, especially (B) if such statute, regulation, or other (c) EXCEPTION.—Notwithstanding sub- those who may not yet be familiar with the rule of law requires that a record be re- section (b), a State may, by statute, regula- concepts of the Internet and electronic com- tained, that requirement shall be satisfied if tion, or rule of law enacted or adopted after merce. such record complies with the requirements the date of enactment of this Act, require

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.088 pfrm02 PsN: H09PT1 H11742 CONGRESSIONAL RECORD — HOUSE November 9, 1999

specific notices to be provided or made avail- electrical, digital, magnetic, optical, electro- (2) PRINCIPLES.—The principles specified in able in writing if such notices are necessary magnetic, or similar capabilities regardless this paragraph are the following: for the protection of the safety or health of of medium. (A) Free markets and self-regulation, rath- an individual consumer. A consumer may (4) ELECTRONIC AGENT.—The term ‘‘elec- er than government standard-setting or not, pursuant to section 101(b)(2), consent to tronic agent’’ means a computer program or rules, should govern the development and the provision or availability of such notice an electronic or other automated means used use of electronic records and electronic sig- solely as an electronic record. independently to initiate an action or re- natures. SEC. 103. SPECIFIC EXCLUSIONS. spond to electronic records in whole or in (B) Neutrality and nondiscrimination (a) EXCEPTED REQUIREMENTS.—The provi- part without review by an individual at the should be observed among providers of and sions of section 101 shall not apply to a con- time of the action or response. technologies for electronic records and elec- tract, agreement, or record to the extent it (5) RECORD.—The term ‘‘record’’ means in- tronic signatures. is governed by— formation that is inscribed on a tangible me- (C) Parties to a transaction should be per- (1) a statute, regulation, or other rule of dium or that is stored in an electronic or mitted to establish requirements regarding law governing the creation and execution of other medium and is retrievable in per- the use of electronic records and electronic wills, codicils, or testamentary trusts; ceivable form. signatures acceptable to such parties. (2) a statute, regulation, or other rule of (6) FEDERAL REGULATORY AGENCY.—The (D) Parties to a transaction— law governing adoption, divorce, or other term ‘‘Federal regulatory agency’ means an (i) should be permitted to determine the matters of family law; agency, as that term is defined in section appropriate authentication technologies and (3) the Uniform Commercial Code, as in ef- 552(f) of title 5, United States Code, that is implementation models for their trans- fect in any State, other than sections 1-107 authorized by Federal law to impose require- actions, with assurance that those tech- and 1-206 and Articles 2 and 2A; ments by rule, regulation, order, or other nologies and implementation models will be (4) any requirement by a Federal regu- legal instrument. recognized and enforced; and latory agency or self-regulatory organization (7) SELF-REGULATORY ORGANIZATION.—The (ii) should have the opportunity to prove in that records be filed or maintained in a spec- term ‘‘self-regulatory organization’’ means court or other proceedings that their authen- ified standard or standards (including a spec- an organization or entity that is not a Fed- tication approaches and their transactions ified format or formats), except that nothing eral regulatory agency or a State, but that is are valid. in this paragraph relieves any Federal regu- under the supervision of a Federal regu- (E) Electronic records and electronic sig- latory agency of its obligations under the latory agency and is authorized under Fed- natures in a form acceptable to the parties Government Paperwork Elimination Act eral law to adopt and administer rules appli- should not be denied legal effect, validity, or (title XVII of Public Law 105–277); cable to its members that are enforced by enforceability on the ground that they are (5) the Uniform Anatomical Gift Act; or such organization or entity, by a Federal not in writing. (6) the Uniform Health-Care Decisions Act. regulatory agency, or by another self-regu- (F) De jure or de facto imposition of stand- (b) ADDITIONAL EXCEPTIONS.—The provi- latory organization. ards on private industry through foreign sions of section 101 shall not apply to— TITLE II—DEVELOPMENT AND ADOPTION adoption of regulations or policies with re- (1) any contract, agreement, or record en- OF ELECTRONIC SIGNATURE PRODUCTS spect to electronic records and electronic tered into between a party and a State agen- AND SERVICES signatures should be avoided. cy if the State agency is not acting as a mar- (G) Paper-based obstacles to electronic SEC. 201. TREATMENT OF ELECTRONIC SIGNA- ket participant in or affecting interstate TURES IN INTERSTATE AND FOR- transactions should be removed. commerce; EIGN COMMERCE. (c) CONSULTATION.—In conducting the ac- (2) court orders or notices, or official court (a) INQUIRY REGARDING IMPEDIMENTS TO tivities required by this section, the Sec- documents (including briefs, pleadings, and COMMERCE.— retary shall consult with users and providers other writings) required to be executed in (1) INQUIRIES REQUIRED.—Within 180 days of electronic signature products and services connection with court proceedings; or after the date of the enactment of this Act, and other interested persons. (3) any notice concerning— and biennially thereafter, the Secretary of (d) PRIVACY.—Nothing in this section shall (A) the cancellation or termination of util- Commerce, acting through the Assistant be construed to require the Secretary or the ity services (including water, heat, and Secretary for Communications and Informa- Assistant Secretary to take any action that power); tion, shall complete an inquiry to— would adversely affect the privacy of con- (B) default, acceleration, repossession, (A) identify any domestic and foreign im- sumers. foreclosure, or eviction, or the right to cure, pediments to commerce in electronic signa- (e) DEFINITIONS.—As used in this section, under a credit agreement secured by, or a ture products and services and the manners the terms ‘‘electronic record’’ and ‘‘elec- rental agreement for, a primary residence of in which and extent to which such impedi- tronic signature’’ have the meanings pro- an individual; or ments inhibit the development of interstate vided in section 104 of the Electronic Signa- (C) the cancellation or termination of and foreign commerce; tures in Global and National Commerce Act. health insurance or benefits or life insurance (B) identify constraints imposed by foreign TITLE III—USE OF ELECTRONIC RECORDS benefits (excluding annuities). nations or international organizations that AND SIGNATURES UNDER FEDERAL SE- SEC. 104. STUDY. constitute barriers to providers of electronic CURITIES LAW (a) FOLLOWUP STUDY.—Within 5 years after signature products or services; and SEC. 301. GENERAL VALIDITY OF ELECTRONIC the date of enactment of this Act, the Sec- (C) identify the degree to which other na- RECORDS AND SIGNATURES. retary of Commerce, acting through the As- tions and international organizations are Section 3 of the Securities Exchange Act of sistant Secretary for Communications and complying with the principles in subsection 1934 (15 U.S.C. 78c) is amended by adding at Information, shall conduct an inquiry re- (b)(2). the end the following new subsection: garding any State statutes, regulations, or (2) SUBMISSION.—The Secretary shall sub- ‘‘(h) REFERENCES TO WRITTEN RECORDS AND other rules of law enacted or adopted after mit a report to the Congress regarding the SIGNATURES.— such date of enactment pursuant to section results of each such inquiry within 90 days ‘‘(1) GENERAL VALIDITY OF ELECTRONIC 102(a), and the extent to which such statutes, after the conclusion of such inquiry. Such re- RECORDS AND SIGNATURES.—Except as other- regulations, and rules comply with section port shall include a description of the ac- wise provided in this subsection— 102(b). tions taken by the Secretary pursuant to ‘‘(A) if a contract, agreement, or record (as (b) REPORT.—The Secretary shall submit a subsection (b) of this section. defined in subsection (a)(37)) is required by report to the Congress regarding the results (b) PROMOTION OF ELECTRONIC SIGNA- the securities laws or any rule or regulation of such inquiry by the conclusion of such 5- TURES.— thereunder (including a rule or regulation of year period. (1) REQUIRED ACTIONS.—The Secretary of a self-regulatory organization), and is re- SEC. 105. DEFINITIONS. Commerce, acting through the Assistant quired by Federal or State statute, regula- For purposes of this title: Secretary for Communications and Informa- tion, or other rule of law to be in writing, (1) ELECTRONIC RECORD.—The term ‘‘election, shall promote the acceptance and use, the legal effect, validity, or enforceability of tronic record’’ means a writing, document, on an international basis, of electronic sig- such contract, agreement, or record shall not or other record created, stored, generated, natures in accordance with the principles be denied on the ground that the contract, received, or communicated by electronic specified in paragraph (2) and in a manner agreement, or record is not in writing if the means. consistent with section 101 of this Act. The contract, agreement, or record is an elec- (2) ELECTRONIC SIGNATURE.—The term Secretary of Commerce shall take all actions tronic record; ‘‘electronic signature’’ means information or necessary in a manner consistent with such ‘‘(B) if a contract, agreement, or record is data in electronic form, attached to or logi- principles to eliminate or reduce, to the required by the securities laws or any rule or cally associated with an electronic record, maximum extent possible, the impediments regulation thereunder (including a rule or and executed or adopted by a person or an to commerce in electronic signatures, in- regulation of a self-regulatory organization), electronic agent of a person, with the intent cluding those identified in the inquiries and is required by Federal or State statute, to sign a contract, agreement, or record. under subsection (a) for the purpose of facili- regulation, or other rule of law to be signed, (3) ELECTRONIC.—The term ‘‘electronic’’ tating the development of interstate and for- the legal effect, validity, or enforceability of means of or relating to technology having eign commerce. such contract, agreement, or record shall not

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.015 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11743 be denied on the ground that such contract, data in electronic form, attached to or logi- specified in the statement under subpara- agreement, or record is not signed or is not cally associated with an electronic record, graph (A)(ii) at the time of the consumer’s affirmed by a signature if the contract, and executed or adopted by a person or an consent; and agreement, or record is signed or affirmed by electronic agent of a person, with the intent (C) if such statute, regulation, or other an electronic signature; and to sign a contract, agreement, or record. rule of law requires that a record be re- ‘‘(C) if a broker, dealer, transfer agent, in- ‘‘(C) ELECTRONIC.—The term ‘electronic’ tained, that requirement shall be satisfied if vestment adviser, or investment company means of or relating to technology having such record complies with the requirements enters into a contract or agreement with, or electrical, digital, magnetic, optical, electro- of subparagraphs (A) and (B) of subsection accepts a record from, a customer or other magnetic, or similar capabilities regardless (c)(1). counterparty, such broker, dealer, transfer of medium.’’. At the end of section 101, add the following agent, investment adviser, or investment The CHAIRMAN pro tempore. No new subsections: company may accept and rely upon an elec- amendment to that amendment shall (d) ABILITY TO CONTEST SIGNATURES AND tronic signature on such contract, agree- CHARGES.—Nothing in this section shall be ment, or record, and such electronic signa- be in order except those printed in construed to limit or otherwise affect the ture shall not be denied legal effect, validity, House Report 106–462. Each amendment rights of any person to assert that an elec- or enforceability because it is an electronic may be offered only in the order print- tronic signature is a forgery, is used without signature. ed in the report, may be offered only by authority, or otherwise is invalid for reasons ‘‘(2) IMPLEMENTATION.— a Member designated in the report, that would invalidate the effect of a signa- ‘‘(A) REGULATIONS.—The Commission may shall be considered read, debatable for ture in written form. The use or acceptance prescribe such regulations as may be nec- of an electronic record or electronic signa- essary to carry out this subsection con- the time specified in the report, equally divided and controlled by the pro- ture by a consumer shall not constitute a sistent with the public interest and the pro- waiver of any substantive protections af- tection of investors. ponent and an opponent, shall not be forded consumers under the Consumer Credit ‘‘(B) NONDISCRIMINATION.—The regulations subject to amendment, and shall not be Protection Act. prescribed by the Commission under sub- subject to a demand for a division of (e) SCOPE.—This Act is intended to clarify paragraph (A) shall not— the question. the legal status of electronic records and ‘‘(i) discriminate in favor of or against a The Chairman of the Committee of electronic signatures in the context of writ- specific technology, method, or technique of the Whole may postpone a request for a ing and signing requirements imposed by creating, storing, generating, receiving, law. Nothing in this Act affects the content communicating, or authenticating electronic recorded vote on any amendment and may reduce to a minimum of 5 minutes or timing of any disclosure required to be records or electronic signatures; or provided to any consumer under any statute, ‘‘(ii) discriminate in favor of or against a the time for voting on any postponed regulation, or other rule of law. specific type or size of entity engaged in the question that immediately follows an- In section 102(c), strike ‘‘safety or health business of facilitating the use of electronic other vote, provided that the time for of an individual consumer’’ and insert ‘‘pub- records or electronic signatures. voting on the first question shall be a lic health or safety of consumers’’. ‘‘(3) EXCEPTIONS.—Notwithstanding any minimum of 15 minutes. In section 104, add at the end the following other provision of this subsection— It is now in order to consider amend- new subsection: ‘‘(A) the Commission, an appropriate regu- (c) ADDITIONAL STUDY OF DELIVERY.—With- latory agency, or a self-regulatory organiza- ment No. 1 printed in House Report 106–462. in 18 months after the date of enactment of tion may require that records be filed or this Act, the Secretary of Commerce shall maintained in a specified standard or stand- AMENDMENT NO. 1 OFFERED BY MR. INSLEE conduct an inquiry regarding the effective- ards (including a specified format or for- Mr. INSLEE. Mr. Chairman, I offer ness of the delivery of electronic records to mats) if the records are required to be sub- an amendment. consumers using electronic mail as committed to the Commission, an appropriate The CHAIRMAN pro tempore. The pared with delivery of written records via regulatory agency, or a self-regulatory orga- Clerk will designate the amendment. the United States Postal Service and private nization, respectively, or are required by the The text of the amendment is as fol- express mail services. The Secretary shall Commission, an appropriate regulatory submit a report to the Congress regarding agency, or a self-regulatory organization to lows: the results of such inquiry by the conclusion be retained; and Amendment No. 1 offered by Mr. INSLEE: of such 18-month period. ‘‘(B) the Commission may require that con- In section 101(b), strike paragraph (2) and tracts, agreements, or records relating to insert the following: The CHAIRMAN pro tempore. Pursu- purchases and sales, or establishing accounts (2) CONSENT TO ELECTRONIC RECORDS.—Not- ant to House Resolution 366, the gen- for conducting purchases and sales, of penny withstanding subsection (a) and paragraph tleman from Washington (Mr. INSLEE) stocks be manually signed, and may require (1) of this subsection— and the gentleman from Michigan (Mr. (A) if a statute, regulation, or other rule of such manual signatures with respect to CONYERS) each will control 15 minutes. law requires that a record be provided or transactions in similar securities if the Com- The Chair recognizes the gentleman mission determines that such securities are made available to a consumer in writing, susceptible to fraud and that such fraud that requirement shall be satisfied by an from Washington (Mr. INSLEE). would be deterred or prevented by requiring electronic record if— Mr. INSLEE. Mr. Chairman, I yield manual signatures. (i) the consumer has affirmatively con- myself 2 minutes. ‘‘(4) RELATION TO OTHER LAW.—The provi- sented, by means of a consent that is con- Mr. Chairman, I would like to tell sions of this subsection apply in lieu of the spicuous and visually separate from other Members what our goal was in drafting provisions of title I of the Electronic Signa- terms, to the provision or availability this amendment. Our goal basically is tures in Global and National Commerce Act (whichever is required) of such record (or to assure an American’s right to make to a contract, agreement, or record (as de- identified groups of records that include such the decision by themselves based on fined in subsection (a)(37)) that is required record) as an electronic record, and has not by the securities laws. withdrawn such consent; the information they have to receive ‘‘(5) SAVINGS PROVISION.—Nothing in this (ii) prior to consenting, the consumer is information electronically and to form subsection applies to any rule or regulation provided with a statement of the hardware contracts electronically. under the securities laws (including a rule or and software requirements for access to and Our goal is based on the proposition regulation of a self-regulatory organization) retention of electronic records; and something like this: If you read the that is in effect on the date of enactment of (iii) the consumer affirmatively acknowl- Declaration of Independence, it reads the Electronic Signatures in Global and Na- edges, by means of an acknowledgement that just as well electronically as it does on tional Commerce Act and that requires a is conspicuous and visually separate from a piece of paper. And when you receive contract, agreement, or record to be in writ- other terms, that— ing, to be submitted or retained in original (I) the consumer has an obligation to no- information in an on-line transaction, form, or to be in a specified standard or tify the provider of electronic records of any if you want to purchase insurance, a standards (including a specified format or change in the consumer’s electronic mail ad- car, a book, the information you are formats). dress or other location to which the elec- going to receive reads just as well elec- ‘‘(6) DEFINITIONS.—As used in this sub- tronic records may be provided; and tronically. Therefore, we have crafted section: (II) if the consumer withdraws consent, the an amendment that would assure that ‘‘(A) ELECTRONIC RECORD.—The term ‘elec- consumer has the obligation to notify the every consumer has a new right, and, tronic record’ means a writing, document, or provider of electronic records of the elec- that is, the right to decide they want other record created, stored, generated, re- tronic mail address or other location to ceived, or communicated by electronic which the records may be provided; and to receive information electronically. means. (B) the record is capable of review, reten- I want to point out several things ‘‘(B) ELECTRONIC SIGNATURE.—The term tion, and printing by the recipient if about it. Number one, it makes sure ‘‘electronic signature’’ means information or accessed using the hardware and software that this is a decision made and has to

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.015 pfrm02 PsN: H09PT1 H11744 CONGRESSIONAL RECORD — HOUSE November 9, 1999 be made affirmatively by an American. I have heard many expressions really underlying bill, and indeed, makes it worse in They have to affirmatively take an ac- of anxiety by Members about the Infor- several respects. Furthermore, it leaves tion to disclose they want to do busi- mation Age and the concept that you unaddressed many fundamental problems of ness electronically. Number two, and have information when it is electronic. H.R. 1714. very importantly, this makes very Let me assure my colleagues that you It is therefore no surpriseÐand is quite tell- clear that any requirement of any gov- do and consumers will be fully pro- ing, in factÐthat this amendment is supported ernment in America to give any notice tected under the amendment. by the banks and financial services industries, will still exist after the passage of this Mr. CONYERS. Mr. Chairman, I yield but is opposed by the consumer groups. bill if this amendment prevails. myself 3 minutes. The Inslee amendment is a step backwards I want to read the applicable section. I want to start off by commending for consumers in many ways. Unlike H.R. It reads: my friends that are with the gentleman 1714, which leaves it to the courts to deter- Nothing in this Act affects the content or from Washington (Mr. INSLEE) on his mine who bears the burden when an elec- timing of any disclosure required to be pro- amendment. This is an important step tronic disclosure or notice is not received, the vided to any consumer under any statute, forward. The problem is, it is still a Inslee amendment puts the burden squarely regulation, or other rule of law. half a loaf, and I appreciate the Demo- on consumers' shoulders by creating an af- I read this because I have heard crats that are trying to improve it. firmative obligation for consumers to notify a many other Members suggest that This amendment makes minor im- provider of a change of email address. The somehow consumers will lose the right provements in the underlying bill but, U.S. Postal Service has standardized proce- to receive notifications. This is inac- indeed, it makes it worse in several re- dures for address changes, forwarding mail, curate. This amendment will assure spects. That is why it is quite clear and returning mail to the sender that currently that every notification a person is enti- why financial services, industries and are not present in the on-line world. Without tled to receive, they will still be enti- banks are supporting it and consumer these real-world ``back-up'' mechanisms, this tled to receive. groups are opposing it. amendment simply creates a defense for mer- Third, it makes abundantly clear, we Here is why it is a backward step. It chant in cyberspace that it would not have in added a provision that consumers have leaves to the courts to determine who the physical world. to be notified what hardware and soft- bears the burden when an electronic The Inslee amendment also is a step back- ware they need to receive this informa- disclosure notice is not received. ward from H.R. 1714 because it takes away tion so that they are not acting blind- the requirement that when a contract is re- b 1345 ly. We have heard suggestions that quired by law to be in writing, the electronic somehow electronic commerce is ineffi- The bill does that. The Inslee amend- record of the contract must: (1) accurately set cient, ineffective. I think we have to ment puts the burden squarely on the forth the information in contract after it was realize sometimes the mail gets eaten consumer’s shoulders. first generated, and (2) remain accessible for by the dog as well, or misplaced, and, Mr. Chairman, H.R. 1714, the Bliley later reference, transmission and printing. in fact, if consumers want to do busi- bill leaves it to the courts; the Inslee Under the amendment, these standards apply ness electronically, they should be en- amendment leaves it to the consumer only where a law requires a record to be re- titled to do so. the responsibility of creating an af- tained. This significantly undercuts the reach We have also, fifth, provided that the firmative obligation to notify a proof H.R. 1714. credit card rules, the limitations of li- vider of a change of e-mail address. In addition, the Inslee amendment narrows ability, still apply in this context, if Now, in addition, this will not be cor- the states' ability to reenact supplemental pro- somebody steals your identity essen- rected by the Inslee amendment. No re- tective legislation for their citizens. Instead of tially. quirement that the consumer be told allowing the states to enact laws for the safety And, sixth, we provide, and I think what legal rights he is waiving or to or health of an individual consumer, the this is very important because I have what types of records that is the no- amendment permits the states to legislate only heard some misinformation on the tices, disclosures and statements, that where it is necessary for the protection of floor already in this regard. Where the the waiver applies to. Because both the ``public health or safety of consumers.'' Thus, law requires provision of a notice, bill and the amendment permit a con- if certain notices and disclosures are not for where a business has to provide notice sumer to waive writing requirements the benefit of the public health or safety and to a consumer, they will still be re- for groups, ‘‘groups of records,’’ and only benefit individual consumersÐsuch as quired to provide notice, not simply there is no requirement that the record notices to individuals about changes in their post it on a website. be similar or relate to the same trans- insurance policies, or a specific consumer's Mr. Chairman, I yield 1 minute to the action. The consumer can, without any late payment on his utilitiesÐthe state cannot gentlewoman from California (Ms. prior knowledge, waive all the future enact or reenact supplemental laws for this LOFGREN). notices with one click. purpose. Ms. LOFGREN. Mr. Chairman, when This, I say to my colleagues, is the Furthermore, the Inslee amendment leaves do you have information? Ten years substance of what leads me to regret- in place many of the most troubling aspects of ago, I was in local government and we fully not be able to support the Inslee H.R. 1714. For instance, although the amend- organized our court files electronically amendment. It does help in some re- ment improves the opt-in by making requiring and allowed the sheriff to access those spects, but in other respects, it is it to be ``conspicuous'' and ``visually separate,'' court files for jail management. I re- worse. For that reason I would urge there is still no requirement that the consumer member going over to talk to the then that we think very carefully about this be told what legal rights she is waiving or sheriff who had deputies handwriting so-called improvement. what types of notices and disclosures the the information down on pieces of The amendment improves the opt-in waiver applies to. In addition, the consumer paper off the screen. by requiring it to be conspicuous and can still waive ``groups of records'' with one I asked, ‘‘Why are you doing this?’’ visually separate. But there is still no click, regardless of whether or not they are re- He said, ‘‘So we’ll really have the infor- requirement that the consumer be told lated to each other or if they are similar in na- mation.’’ what legal rights he or she is waiving ture. Do you have the information when it or what types of notices and disclo- The Inslee amendment also maintains the is on the screen, on your hard drive, in sures the waiver applies to. bill's broad preemption of state laws. In order your head, or when it is on a piece of The Inslee amendment narrows the for a state to avoid preemption by the federal paper? The answer is, in all of those States’ ability to reenact supplemental statute, the Uniform Electronic Transactions cases. We are not changing any con- protective legislation for their citizens. Act, or UETA, must be consistent with the sumer law at all with this bill and with This is not good. For that reason I ask electronic contracts and records provisions of this amendment. What we are doing is that my colleagues critically evaluate this bill. This does not give the states sufficient allowing for the free flow of informa- this supposed improvement in the bill. flexibility to exempt necessary state writing re- tion on the Internet, so that we can While I appreciate the efforts of my fellow quirements. Ironically, even if a state adopted have electronic commerce, so that in- Democrats to improve H.R. 1714, this amend- UETA without excepting any of its laws. The formation in the Information Age can ment is merely an industry-drafted cosmetic fix state would still be preempted by the federal flow. that makes only minor improvements to the law, because UETA does not provide for an

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.092 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11745 opt-in, and that would make the state law in- tronic record, that record is not consid- will have to acknowledge the condi- consistent withÐand therefore preempted ered valid. tions of a contract. It also provides as- byÐthe federal law. I am very proud of this amendment. surances that a consumer will have to Another flaw with the Inslee amendment is I believe that it makes the bill totally acknowledge that they will have to no- that it does not address the regulatory and su- acceptable. This should not be a par- tify the business or the entity that pervisory problems with H.R. 1714. Under this tisan issue. We should come together they might be doing business with if amendment, regulated industries such as the from both sides of the aisle, because it they change their e-mail. banking and insurance industries would still be protects consumers and it allows elec- This is not any different than what relieved from their legal requirements to main- tronic commerce to go forward. I urge one would have to do with one’s ad- tain paper records. How can a state insurance support of this amendment. dress at one’s home if one is going to regulator determine if an insurance company Mr. CONYERS. Mr. Chairman, I yield relocate. is properly capitalized, or if it has the proper 2 minutes to the gentleman from New Now, if we want to have people to reinsurance it cannot access the company's York (Mr. LAFALCE), the distinguished have the benefits that the Internet can electronic records, or if the regulator can not ranking member of the Committee on provide and e-commerce can provide, require that the company keep its records in a Banking and Financial Services. we have to understand that we are tamper-proof format? (Mr. LAFALCE asked and was given dealing with a different medium, and I understand my colleagues' desire to im- permission to revise and extend his re- this amendment goes a long way to en- prove H.R. 1714Ðbecause it needs much im- marks.) suring that consumers will have those provement. But the Inslee amendment just Mr. LAFALCE. Mr. Chairman, I think protections, that they will have the no- scratches the surface of what's needed to that almost everyone would favor the tifications that are important for them make the necessary improvements in H.R. purposes of the primary bill before us to understand their responsibilities and 1714. Indeed, the amendment makes the bill today, and it is possible to achieve a obligations. worse in several respects. good bill and a bipartisan bill. And, on Mr. Chairman, I heard some folks Mr. Chairman, I reserve the balance the Senate side, Senator ABRAHAM, a earlier today talking in opposition to of my time. Republican, Senator WYDEN, a Demo- the underlying bill, but there are a lot Mr. INSLEE. Mr. Chairman, I would crat, Senator LEAHY, a Democrat, and of people out there that do not have a note that that click will waive no the administration have gotten to- computer; there are a lot of people out rights; it will simply indicate that no- gether and basically they have come there that do not have an e-mail ad- tifications will be coming electroni- together in support of a good bill, and dress; there are a lot of people out cally rather than writing them in. A that is what the gentleman from there that do not know how to navi- click will waive no rights under this Michigan (Mr. DINGELL) and the gen- gate the Web. Well, if we use that as a amendment. tleman from Michigan (Mr. CONYERS) standard to preclude us from moving Mr. Chairman, I yield 1 minute and 40 and I are going to offer as a substitute. forward with digital signature, we are seconds to the gentlewoman from Cali- The gentleman from Washington (Mr. never going to get there. But we also fornia (Ms. ESHOO). INSLEE) and the gentlewoman from have assured that any consumer that Ms. ESHOO. Mr. Chairman, I thank California (Ms. ESHOO) are attempting might not have a computer, that does the gentleman from Washington (Mr. to deal with the Bliley bill, which the not have e-mail, that they do not have INSLEE) for yielding me this time. administration strongly opposes and to opt in to participate in a digital sig- I am very proud to be offering this said they would veto with an amend- nature. We provide the consumer pro- amendment with him and several of my ment. I know they are good faith, but tections. This amendment is a good Democratic colleagues as well as the I point out that the National Consumer amendment; the underlying bill de- gentlewoman from New Jersey (Mrs. Law Center, the Consumer Federation serves passage. ROUKEMA). of America, the United Auto Workers, Mr. CONYERS. Mr. Chairman, I yield First, let me just stipulate that there the Consumers Union, the U.S. Public 21⁄2 minutes to the gentleman from is not any mandate in this amendment Interest Research Groups, and the Na- California (Mr. BERMAN), a distin- that says to the consumers of America tional Consumers League have drafted guished member of the Committee on that they have to go on-line and use a letter today which they have sent out the Judiciary. digital signatures. There is not a man- to each of us which says, ‘‘The Inslee- Mr. BERMAN. Mr. Chairman, I rise date. This is all about choices, but it Eshoo amendment is a cosmetic at- in opposition to the amendment. While does add the protections to the contempt to make a dangerous bill appear it makes some improvements in some sumer if they so choose to exercise more palatable. Further, this amend- parts of the base bill, it also in some this. ment will make it more difficult for areas actually goes backward. But I This amendment that we bring before consumers to assert their rights under think the broader point is the point I my colleagues today I believe cures existing consumer protection laws.’’ would like to speak to. some of the criticisms, many of the So this is cosmetically attractive, We seem to be talking just totally by criticisms of the underlying bill. Quite but dangerous because of that very each other. No one here is opposed to simply, it ensures that consumers who fact. the concept that we need to legislate a choose to receive electronic records Mr. INSLEE. Mr. Chairman, I yield 30 digital signature law so that people in from their banks, their mortgage com- seconds to the gentleman from Cali- places where there is now an obligation panies, or their on-line trading brokers fornia (Mr. DOOLEY). to enter into a writing-in contract can will make this decision knowingly. The (Mr. DOOLEY of California asked and enter into a contract electronically amendment gives consumers the abil- was given permission to revise and ex- and bind themselves to that through ity to opt in to receive electronic tend his remarks.) digital signatures along the standards records and requires that the consent Mr. DOOLEY of California. Mr. of the bill. There is no dispute about be conspicuous and visually separate Chairman, I rise in support of the un- that. from other terms. In other words, con- derlying bill and also in strong support I hear my friend from Virginia speak sumers must agree to a statement that of the amendment offered by the gen- in exciting and provocative terms they will accept the records electroni- tleman from Washington (Mr. INSLEE), about the new economy, the new elite, cally. This statement cannot be buried myself and a number of our colleagues. people who want the opportunity, they in a morass of terms and conditions. It This legislation is a step forward to are governed by potentials and not must be clear and separate. trying to ensure that consumers and their fears, and I say yes. But it is not Additionally and importantly, this businesses have a better ability to con- a requirement to be an advocate of the amendment requires that prior to conduct commerce over the Internet. This new economy or to be a new Democrat senting, consumers must be provided amendment that we are supporting to think that there are some people with an explanation of how to access today provides for added consumer pro- who will be caught in the transition and retain electronic records. This is tections. It ensures that every con- and that maybe, where the Comptroller important because if a consumer can- sumer will have to opt in in order to of the Currency decides that a par- not review, retain, and print an elec- participate. It ensures that consumers ticular bank should have a backup set

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.020 pfrm02 PsN: H09PT1 H11746 CONGRESSIONAL RECORD — HOUSE November 9, 1999 of records in writing because that two provisions basically mean that The rule of holes is that when you are might be the only place they can go to what the opponents of the Inslee in a hole and you want to get out, quit determine whether reserves are being amendment are doing is creating a sit- digging, but this amendment digs in kept adequately, or whether in a par- uation where digital signature will not more. It tries to legitimatize what is ticular situation involving changes in be a choice that any logical business- inappropriate in this bill. an insurance policy, let us just validate man will make. That is why we have to The fact of the matter is, look at that for this particular type of con- oppose it. where the consumer is. They are buy- sumer whose, perhaps, adult children Two final points. Consumer protec- ing a home, they are buying a car. signed them on to the insurance policy tion is clearly protected in this bill. They are blinded by the fact of that electronically, we should validate it by The sentence says this law changes in new shiny Chevrolet or that wonderful the written contract, that we are going no way one’s contractual protections new home that they are going to get. to just trample over these people in the under consumer protection laws. We They are signing a whole bundle of pa- name of doing something new and ex- are simply doing it digitally instead of pers. In the process of doing it, they citing. by paper. We have the same protec- sign the copy, disclosure and notifica- Mr. Chairman, I do not have the arro- tions. tion away with no assurance, and all gance to say that every single law that Lastly, this well, if one goes on a the responsibility put back on the indi- says that without regard to whom the computer it could get lost, the com- vidual consumer on something that consumer is, what the State of their puter could blow up; paper notices get may be the most important trans- mentality is, that we are going to wipe lost all of the time. If one moves and action they make. out some considered judgment by a the notice is required to go by mail, This vitiates the truth-in-lending, regulator or by a State legislator, by a many times these notices do not ar- the real estate State Sales Practices Federal legislator that in all cir- rive. Whether it is paper or digital, Act. The Federal regulators are al- cumstances, that is preempted. there are challenges in making sure ready working on the issue of elec- The gentleman from Washington says that all of the notices get there. I tronic commerce and attempting to his amendment waives no rights, but it strongly submit that those challenges interface the rules and e-commerce. In- does waive one right. By conscious de- are no greater with digital signature stead of doing something for the con- cision, hopefully of a sophisticated and than they are with paper, and we are sumer, they are taking away the op- educated consumer, it waives the right stuck in a lost mindset here thinking tions they have today. to have the disclosures, the changes, that somehow, if it is not paper, it is Members are saying that the price of the notices in writing. That is indis- not real. If we do not do this right, we being active in this electronic signa- putable. His amendment waives that will not have digital signature. The ture bill and this electronic Internet right. In most cases, that will be great. Inslee amendment does it right. Sup- world is that we are going to deny There might be a few cases where it is port it. some of the rights people have today. not great, and it is in those cases that b 1400 We basically say, we will let you give I say let us be a little careful about up your rights. We should not do that, just wiping out all of these laws. Mr. CONYERS. Mr. Chairman, I am pleased to yield 3 minutes to the gen- and we should know that individuals do Mr. INSLEE. Mr. Chairman, I yield 10 not have fully informed consent, the seconds to the gentlewoman from Cali- tleman from Minnesota (Mr. VENTO). Mr. VENTO. Mr. Chairman, I thank mechanics, workers, blue collar work- fornia (Ms. LOFGREN). ers or others getting minimum wage. Ms. LOFGREN. Mr. Chairman, I the gentleman for yielding time to me. They are not sitting in the halls of this think it is important to point out that I rise in opposition to the amend- Congress, they are not out there walk- there is no waiver of notice in writing. ment, Mr. Chairman. I recognize that ing around in the lobbies, they need All we are talking about is trans- there is an effort here to make this, as our help. Ironically this legislation mission of that writing and whether I said, palatable, but it remains indi- protects the sophisticated financial in- the writing is received electronically gestible. What we are doing here is we stitutions and Federal regulators. or on a piece of paper, it is in writing are force-feeding the States, force-feed- We ought to be doing something for in both cases. ing consumers this particular format Mr. INSLEE. Mr. Chairman, I yield in terms of how transactions and the consumer, like providing favorable options for them on privacy in the 11⁄2 minutes to the gentleman from record will be eliminated. Internet. We are not doing for them Washington (Mr. SMITH). Someone says, the electronic signa- Mr. SMITH of Washington. Mr. tures, we are all for it, we can permit what we did in the Financial Mod- Chairman, I rise in support of the Ins- that, but we need this because we need ernization Act. We are doing more lee amendment and in support of the to eliminate or give the possibility for harm in this act, with this particular underlying bill. people to accept notices and disclo- provision and certainly the underlying Everyone says we all agree, we are sures electronically, that is the only measure. going to have digital signature, it is thing. But the heart and soul of most When we talk about the provision in just a matter of the details. Unfortu- consumer laws are the absolute disclo- the financial modernization, we had nately, the details that are being pre- sure provisions. So once we go down balance in that bill. There is no bal- sented by the opponents of the Inslee this path, we have, for all intents and ance in this bill. This policy in this bill amendment and of the Dingell amend- purposes, circumvented many of the is not necessary. These provisions on ment are such that one would, in prac- consumer laws of the Federal and records are not necessary to make the tical effect, not be able to do digital many at the State level. electronic signature legitimate. We are signature. If, first of all, one does not This is not transactions initiated undercutting consumer law. There is a have uniformity and one is doing some- over the Internet, this could be some- bandwagon effect here in terms of the thing across State lines and one has 50 one at the door that we open the possi- special interests that have annealed or maybe even 100 different rules and bility of fraud and abuse to here, be- themselves to this popular electronic regulations for how it is going to be cause someone at the door, when we signature legislation in order to cir- done, it makes it very, very difficult to get a cooling off period for not pur- cumvent the very real decades of con- do business in the electronic commerce chasing, we would sign it away. There sumer law that have protected and world. That is what the Dingell amend- is no assurance that they have Inter- serve the consumers and the people we ment would do. That creates a huge net; electronic computer equipment or represent. Vote ‘‘no’’ on this bill. problem for the bill. service. It is only one-third of the Mr. INSLEE. Mr. Chairman, I yield Second of all, it requires that paper homes in this Nation have Internet, so 11⁄2 minutes to the gentlewoman from be done in addition to the digital signa- these are not even just transactions. the Garden State, New Jersey (Mrs. ture. Well, if we are going to have to do We open up that possibility. ROUKEMA). a paper contract, what is the advan- We have tried mightily in terms of (Mrs. ROUKEMA asked and was tage of doing a digital contract? One this particular provision, but we have given permission to revise and extend merely has to duplicate oneself. Those gone one step forward and two back. her remarks.)

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.097 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11747 Mrs. ROUKEMA. Mr. Chairman, I Convenience and time-savingÐConsumers Mrs. ROUKEMA. I was the author of have to say, as a member of the Com- can conduct transactions virtually anywhere the financial privacy and financial mittee on Banking and Financial Serv- and at any time, 7-days-a-week, 24-hours-a- modernization. I find this completely ices, I rise in strong support of the day. consistent. amendment offered by the gentleman User friendly informationÐLegalistic jargon Mr. INSLEE. Mr. Chairman, I yield 2 from Washington (Mr. INSLEE). I would in on-line disclosure forms can be linked to minutes to the gentleman from Vir- like to identify myself as a cosponsor plain-English definitions, making them much ginia (Mr. MORAN). of that amendment. more readable and understandable. Con- Mr. MORAN of Virginia. Mr. Chair- I would also like to take exception to sumers can electronically search documents man, I thank the gentleman from some of the loose rhetoric that I have rather than reading through reams of paper. Washington (Mr. INSLEE) for yielding heard on the floor today, and would Enhanced services for under-served com- time to me. like to speak to the specifics. munitiesÐRural and urban communities will Mr. Chairman, I am also an original It seems to me that Congress and the have enhanced access to financial services, sponsor of this amendment because it regulators are overdue in playing a even where brick and mortar branches are not clarifies the consumer protections in leadership role in updating many of the available. In areas where residents cannot af- H.R. 1714. I have been wanting to re- consumer protection laws to reflect the ford computers, libraries and schools provide spond to my friend, the gentleman new technologies in electronic com- on-line access. from California, not because I take merce that we see out there. This bill Reduced costÐElectronic delivery of disclo- issue with his characterization of my and this amendment takes a giant step sures will cost less than providing the same remarks as New Democrat in nature, toward that protection. It does not di- information on paper or paying employees to but because he said that I am sup- minish in any way, as far as I can tell, handle face-to-face disclosures, Competition porting this bill because it is new and the protections that consumers already should encourage business to pass on those exciting. have. savings to consumers. That is not why I am supporting this I want to be specific. The amendment E-commerce is here. U.S. citizens are bill. It is because it is responsible and is pro-consumer because it provides the spending billions of dollars each year on-line. needed. The fact is that this bill pro- additional consumer protections such Congress and the regulators must play a lead- vides a consistent and predictable na- as a clear, number one, customer opt-in ership role in updating many of the consumer tional framework of rules governing for electronic delivery specifically is protection laws to reflect new technologies the use of electronic signatures. This required, an opt-in. There are clear re- and establish a coherent legislative framework bill is needed. This bill was and is bi- quirements on review, retention, and for the delivery of financial services through partisan. When the final vote is taken, printing of documents and disclosures. electronic commerce. This bill and this amend- it will be apparent that it is bipartisan. Three, the ability of a customer to opt ment takes a giant step toward that protection. In fact the vote will be lopsided be- out is there for any customer at any The Inslee/Eshoo/Dooley/Moran/Roukema cause it provides consumers and com- time for the electronic delivery sys- Amendment includes several provisions from panies doing business on the Internet tem. the legal certainty they need for elec- I think that this is, as I said, not H.R. 2626, the Electronic Disclosures Delivery tronic signatures, until all 50 States only a giant step, but it is also clearly Act of 1999, which I introduced on September pass their own legislation on the legal- defined, and I dismiss any of the loose 1st along with Mr. INSLEE and Mr. LAZIO. The rhetoric that acts as though we are Amendment is pro consumer because it pro- ity of electronic signatures. This amendment is important be- taking something away. We are really vides the additional consumer protections cause it clarifies the consumer protec- building not only a firm foundation, such as clear (1) Customer ``opt in'' for elections that were originally inlcuded in but a giant step for consumers in this tronic delivery specifically required, (2) clear new electronic age. requirements on review, retention and printing this bill. It makes it clear, as the prior Mr. Chairman, as a cosponsor, I rise today of documents and disclosures, (3) the ability of speakers have said, that consumers are in strong support of the Inslee/Eshoo/Dooley/ a Customer to ``opt out'' of electronic delivery not required to use or accept electronic Moran/Roukema amendment. It is both Pro at any time. records or electronic signatures. There Business and Pro Consumer. It is common I thought these were good provisions when has to be mutual consent, and it ex- sense and will improve the bill. I introduced H.R. 2626 with Mr. LAZIO and Mr. pands the bill’s requirement that con- Millions of consumers today routinely con- INSLEE. I thought they were good provisions sumers be able to receive and retain duct business over the Internet, buying and when proposed before the Rules Committee, electronic records. selling a myriad of products and services from and that is why I cosponsored the Inslee Mr. Chairman, this amendment is im- companies large and small, near and far. Amendment. I believe the Inslee/Roukema portant because it says that oppor- Many of these consumers engage in financial Amendment protects consumers in a rational tunity for consent must be conspicuous transactionsÐinvesting in stocks and bonds, clearly defined common sense manner. It and visually separate from all the checking account balances, transferring funds, clearly improves the bill. other terms. applying for credit cards, and paying bills with- We should approve the Amendment and we In addition, the consumer must be out leaving their homes. This explosion of on- should approve H.R. 1714. provided with an explanation of how to line financial services offers great benefits. Mr. CONYERS. Mr. Chairman, I yield access and retain electronic records. Nonetheless, the ability to offer many financial 30 second to the gentleman from New Records will be received, retained, and services, particularly loans and mortgages, York (Mr. LAFALCE). printed. The fact is that consumers are would be enhanced if the banking laws were Mr. LAFALCE. Mr. Chairman, I won- going to be protected, but most impor- amended to clarify the rules governing the der if the gentlewoman from New Jer- tantly, they are going to have a choice. electronic delivery of financial services. sey would answer why the chairperson Today they do not have that uni- H.R. 1714 and the Inslee Amendment will of the Subcommittee on Financial In- formity, that predictability that comes clarify that electronic delivery of required con- stitutions has had no hearings on the with uniform national standards. sumer disclosures over the Internet is permis- bill that she introduced, and dealing The Internet is national in nature. sible as long as there are certain safeguards with the impact of this bill and her bill Our constituents need this legislation. for consumers. This bill does not lessen the on the consumer protection laws? Make it bipartisan and make it an ex- rights of consumers to receive required disclo- Mrs. ROUKEMA. Mr. Chairman, will pression of our unequivocal support for sures. In addition, it does not affect the con- the gentleman yield? this productive, prosperous new econ- tent of any disclosure, including the timing, for- Mr. LAFALCE. I yield to the gentle- omy. mat and information to be provided. Further- woman from New Jersey. Mr. CONYERS. Mr. Chairman, I yield more, consumers would control which informa- Mrs. ROUKEMA. Mr. Chairman, I 2 minutes to the gentleman from tion could be sent to them electronically. will tell the gentleman exactly why; we Michigan (Mr. DINGELL), the dean of This legislation will assist the growth of on- got a little directed and focused on fi- the House and the ranking member of line financial transactions and at the same nancial modernization. the Committee on Commerce. time provide consumer protections. Online dis- Mr. LAFALCE. The gentlewoman was Mr. DINGELL. Mr. Chairman, I closures will provide consumers with a number too busy to have hearings on these con- thank my good friend for yielding time of benefits: sumer protections. to me.

VerDate 29-OCT-99 04:11 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.120 pfrm02 PsN: H09PT1 H11748 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Mr. Chairman, I want to try and Those are the kinds of notices that I that they need to be hooked up to the make clear what is at stake here. am talking about, and they can se- Internet? Even in credit transactions There is no objection, I think, on the verely, adversely impact the party. involving the mortgage, people would floor on the part of anyone, my good Mr. INSLEE. Reclaiming my time, have that problem. friend, the gentleman from Michigan, those will be given. Those notices will Consider the FDA’s responsibility to myself, or anybody else, to whether or be given. In every case, the consumers provide people with information about not the contract is signed electroni- electronically, if they want it elec- drugs, and those drugs that would con- cally. The question relates to notice of tronically, and on paper if they want it flict with others. Now we have the obli- later events under that contract which on paper, those notices shall be given. gation of written information. Just can severely impact the purchaser, Mr. Chairman, I yield 1 minute to the imagine that that information will now such as things which would trigger gentleman from from Virginia (Mr. be on the web page, and they leave peo- foreclosure of a mortgage on a house or BLILEY). ple to their own devices, and they say, an automobile, failure to keep up in- Mr. BLILEY. Mr. Chairman, I appre- forget about the written materials, surance, failure to prevent waste, fail- ciate the gentleman yielding time to just go to the web page that most of ure to make payments. me. those who are in certain levels in our It could happen for many reasons, Mr. Chairman, I think the gentle- country do not have. such as year 2K. It could happen be- man’s amendment improves the bill. I b 1415 cause of the situation which might support it. The substitute, however, would sun- occur, a hard drive might crash, or I would also like to point out, as was set when a state enacted a uniform there might be any one of a number of mentioned in the earlier debate, that electronic transactions act which other events, including a failure of the what happens if the Y2K problem happens or the computer breaks down, the would provide for protections for our Internet provider or something of that consumers. bill requires that a record sent be able sort, or the matter would just get lost The substitute also does not affect to be retainable, printable, and in cyberspace. Federal laws or regulations, but in- There is nothing in anything that we transferrable. If the Internet is down stead gives Federal agencies 6 months are talking about here that would pre- this standard is not met, and thus, a to conduct a careful study of barriers clude an individual from giving up consumer would not be liable. to electronic transactions under Fed- some right and waiving his right to I fully support this amendment. I eral laws or regulations. The substitute that notice. But as an attorney of long- urge its adoption, and I urge adoption also represents the E-commerce bill standing and as one who has dealt with of the underlying bill. that is the most likely to be enacted foreclosures and the hardship that Mr. CONYERS. Mr. Chairman, I yield into law, because it is a combination of those kinds of events trigger, I think it the balance of my time to the gentle- Democrats and Republicans, House is important to see to it that some who woman from Texas (Ms. JACKSON-LEE), Members and Senate Members, who might not be as smart as some of the a distinguished member of the Com- have come together. Internet whizzes and the computer mittee on the Judiciary. Mr. Chairman, we are not against whizzes and jocks that we have has the (Ms. JACKSON-LEE of Texas asked electronic commerce. I think that is capability of protecting himself, be- and was given permission to revise and the point that should be made. I have cause we are talking about things such extend her remarks.) friends on the other side that I agree as the purchase of stock, mortgages on Ms. JACKSON-LEE of Texas. Mr. with, and friends over here that I agree homes, automobile purchases, major Chairman, I thank the distinguished with. But what my voice must be for purchases of equipment, and things of ranking member of the Committee on are those individuals who do not know that kind which could incur enormous the Judiciary for yielding time to me. the Internet, who do not have access to obligations on the part of the pur- I thank the Members for their good computers, who are intimidated by chaser. intentions behind this effort. I happen some large business telling them they I propose to support the amendment. to be a supporter of electronic com- can not get credit or that home that It improves the bill. It does not im- merce. I wish we could have done this they have been dreaming of because prove the bill by addressing the funda- in a bipartisan way. they will not consent to have their mental, basic question of whether the Mr. Chairman, I do rise to support business done in an electronic process. consumer gets the necessary notices the incremental change that the Inslee Mr. Chairman, let us make it a bipar- that are required by a long history of amendment makes. It does not answer tisan bill and support the substitute State law to apprise him that he is in my concerns, however. I do believe that and do the right thing for the Amer- danger under the contract of losing it is important for the consumers to ican people. money or rights. conspicuously be able to opt in to give Mr. INSLEE. Mr. Chairman, I yield 15 Mr. INSLEE. Mr. Chairman, I yield consent to know whether or not their seconds to the gentleman from Ohio myself such time as I may consume. business is going to be done in an elec- (Mr. KASICH). Mr. Chairman, I would just like to tronic form, but I think what my good Mr. KASICH. Mr. Chairman, I would specifically note that the underlying friends are missing and the reason I like to compliment the gentleman bill excludes from its ambit notices of support the substitute is they are miss- from Washington (Mr. INSLEE) for his foreclosure, of acceleration of default ing the fact that although we can lay amendment in terms of clarifying. But on the home. Those are specifically ex- out the long list of supporters of this one thing we should not be confused cepted and should not be an issue. bill, the responsibility of this Congress about, this Congress nor government Mr. DINGELL. Mr. Chairman, will is to ensure that those voices which should stand in the way of what has the gentleman yield? cannot be heard, those people needing been remarkable progress here at end Mr. INSLEE. I yield to the gen- to have information about the drugs of the 20th century moving into the tleman from Michigan. they get out of the Food and Drug Ad- 21st century. It has done an enormous Mr. DINGELL. I thank the gen- ministration, those young couples who amount of good for families, not just in tleman for yielding. are buying homes, still need to have America but across the globe. Let us Mr. Chairman, I am not talking the ability to understand the docu- clarify this but not hesitate to invest about notices of foreclosure, I am talk- ments that they are utilizing. and have confidence in those people ing about notices that would trigger Under the underlying bill, creditors who are really moving us forward and foreclosure, notice that the insurance could condition credit on a consumer’s empowering people. has not been paid, that damage was consent to receive all disclosures elec- The CHAIRMAN pro tempore (Mr. being committed on the property, that tronically. I do want us to all be MILLER of Florida). The question is on a public nuisance is being committed hooked up to the Internet, but unfortu- the amendment offered by the gen- on the property, or even a notice that nately, even as we go into the 21st cen- tleman from Washington (Mr. INSLEE). the individual has failed to make a tury, all Americans are not. Can Mem- The question was taken; and the payment, which will trigger fore- bers imagine being denied credit be- Chairman pro tempore announced that closure. cause they refuse or do not understand the ayes appeared to have it.

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RECORDED VOTE Miller, George Riley Stump Strike out all after the enacting clause and Minge Rivers Stupak insert the following: Mr. INSLEE. Mr. Chairman, I de- Mink Rodriguez Sununu SECTION 1. SHORT TITLE. mand a recorded vote. Moakley Roemer Sweeney This Act may be cited as the ‘‘Millennium A recorded vote was ordered. Mollohan Rogan Talent Moore Rogers Tancredo Digital Commerce Act’’. The vote was taken by electronic de- Moran (KS) Rohrabacher Tanner SEC. 2. FINDINGS. vice, and there were—ayes 418, noes 2, Moran (VA) Ros-Lehtinen Tauscher The Congress makes the following findings: not voting 13, as follows: Morella Rothman Tauzin (1) The growth of electronic commerce and Murtha Roukema Taylor (MS) electronic government transactions rep- [Roll No. 577] Myrick Roybal-Allard Taylor (NC) resent a powerful force for economic growth, AYES—418 Nadler Royce Terry Napolitano Rush Thomas consumer choice, improved civic participa- Abercrombie Davis (IL) Horn Neal Ryan (WI) Thompson (CA) tion and wealth creation. Ackerman Davis (VA) Hostettler Nethercutt Ryun (KS) Thompson (MS) (2) The promotion of growth in private sec- Aderholt Deal Houghton Ney Sabo Thornberry tor electronic commerce through Federal Allen DeFazio Hoyer Northup Salmon Thune Andrews DeGette Hulshof legislation is in the national interest be- Norwood Sanchez Thurman cause that market is globally important to Archer Delahunt Hunter Nussle Sanders Tierney Armey DeLauro Hyde Oberstar Sandlin Toomey the United States. Bachus DeLay Inslee Obey Sanford Towns (3) A consistent legal foundation, across Baird DeMint Isakson Olver Sawyer Traficant multiple jurisdictions, for electronic com- Baker Deutsch Istook Ortiz Saxton Turner merce will promote the growth of such trans- Baldacci Diaz-Balart Jackson (IL) Ose Schaffer Udall (CO) actions, and that such a foundation should Baldwin Dicks Jackson-Lee Owens Schakowsky Udall (NM) Ballenger Dingell (TX) be based upon a simple, technology neutral, Oxley Scott Upton nonregulatory, and market-based approach. Barcia Dixon Jefferson Packard Sensenbrenner Velazquez Barr Doggett Jenkins Pallone Serrano Visclosky (4) The Nation and the world stand at the Barrett (NE) Dooley John Pastor Sessions Vitter beginning of a large scale transition to an in- Barrett (WI) Doolittle Johnson (CT) Payne Shadegg Walden formation society which will require innova- Bartlett Doyle Johnson, E. B. Pease Shaw Walsh tive legal and policy approaches, and there- Barton Dreier Johnson, Sam Pelosi Shays Wamp fore, States can serve the national interest Bass Duncan Jones (NC) Peterson (MN) Sherman Waters Bateman Dunn Jones (OH) by continuing their proven role as labora- Peterson (PA) Sherwood Watkins tories of innovation for quickly evolving Becerra Edwards Kanjorski Petri Shimkus Watt (NC) Bentsen Ehlers Kaptur Phelps Shows Watts (OK) areas of public policy, provided that States Bereuter Ehrlich Kasich Pickering Shuster Waxman also adopt a consistent, reasonable national Berkley Emerson Kelly Pickett Simpson Weiner baseline to eliminate obsolete barriers to Berman Engel Kennedy Pitts Sisisky Weldon (FL) electronic commerce such as undue paper Berry English Kildee Pombo Skeen Weldon (PA) and pen requirements, and further, that any Biggert Eshoo Kilpatrick Pomeroy Skelton Weller Bilbray Etheridge Kind (WI) such innovation should not unduly burden Porter Slaughter Wexler inter-jurisdictional commerce. Bilirakis Evans King (NY) Portman Smith (MI) Weygand Bishop Everett Kingston Price (NC) Smith (NJ) Whitfield (5) To the extent State laws or regulations Blagojevich Ewing Kleczka Pryce (OH) Smith (WA) Wicker do not provide a consistent, reasonable na- Bliley Farr Klink Quinn Snyder Wilson tional baseline or in fact create an undue Blumenauer Fattah Knollenberg Radanovich Souder Wise burden to interstate commerce in the impor- Blunt Filner Kolbe Rahall Spratt Wolf tant burgeoning area of electronic com- Boehlert Fletcher Kucinich Ramstad Stabenow Woolsey Boehner Foley Kuykendall merce, the national interest is best served by Rangel Stark Wu Federal preemption to the extent necessary Bonilla Forbes LaFalce Regula Stearns Wynn Bonior Ford LaHood Reyes Stenholm Young (AK) to provide such consistent, reasonable na- Bono Fossella Lampson Reynolds Strickland Young (FL) tional baseline or eliminate said burden, but Borski Fowler Lantos that absent such lack of a consistent, rea- Boswell Frank (MA) Larson NOES—2 sonable national baseline or such undue bur- Boucher Franks (NJ) Latham Paul Vento dens, the best legal system for electronic Boyd Frelinghuysen LaTourette Brady (PA) Frost Lazio NOT VOTING—13 commerce will result from continuing ex- Brady (TX) Gallegly Leach perimentation by individual jurisdictions. Coburn Largent Smith (TX) Brown (FL) Ganske Lee (6) With due regard to the fundamental Condit Matsui Spence Brown (OH) Gejdenson Levin Dickey Meek (FL) Tiahrt need for a consistent national baseline, each Bryant Gekas Lewis (CA) Gephardt Pascrell jurisdiction that enacts such laws should Burr Gibbons Lewis (GA) Hutchinson Scarborough have the right to determine the need for any Burton Gilchrest Lewis (KY) exceptions to protect consumers and main- Buyer Gillmor Linder b 1439 Callahan Gilman Lipinski tain consistency with existing related bodies Calvert Gonzalez LoBiondo Mr. KUCINICH and Mr. WATT of of law within a particular jurisdiction. Camp Goode Lofgren North Carolina changed their vote (7) Industry has developed several elec- Campbell Goodlatte Lowey from ‘‘no’’ to ‘‘aye.’’ tronic signature technologies for use in elec- Canady Goodling Lucas (KY) tronic transactions, and the public policies Cannon Gordon Lucas (OK) So the amendment was agreed to. The result of the vote was announced of the United States should serve to promote Capps Goss Luther a dynamic marketplace within which these Capuano Graham Maloney (CT) as above recorded. technologies can compete. Consistent with Cardin Granger Maloney (NY) Stated against: Carson Green (TX) Manzullo this Act, States should permit the use and Castle Green (WI) Markey Ms. EDDIE BERNICE JOHNSON of Texas. development of any authentication tech- Chabot Greenwood Martinez Mr. Chairman, on rollcall No. 577, I was un- nologies that are appropriate as practicable Chambliss Gutierrez Mascara avoidably detained. Had I been present, I as between private parties and in use with Chenoweth-Hage Gutknecht McCarthy (MO) State agencies. Clay Hall (OH) McCarthy (NY) would have voted ``no.'' SEC. 3. PURPOSES. Clayton Hall (TX) McCollum The CHAIRMAN pro tempore (Mr. Clement Hansen McCrery MILLER of Florida). It is now in order The purposes of this Act are— Clyburn Hastings (FL) McDermott to consider amendment No. 2 printed in (1) to permit and encourage the continued Coble Hastings (WA) McGovern expansion of electronic commerce through Collins Hayes McHugh House Report 106–462. the operation of free market forces rather Combest Hayworth McInnis AMENDMENT NO. 2 IN THE NATURE OF A than proscriptive governmental mandates Conyers Hefley McIntosh SUBSTITUTE OFFERED BY MR. DINGELL and regulations; Cook Herger McIntyre Cooksey Hill (IN) McKeon Mr. DINGELL. Mr. Chairman, I offer (2) to promote public confidence in the va- Costello Hill (MT) McKinney an amendment in the nature of a sub- lidity, integrity and reliability of electronic Cox Hilleary McNulty stitute. commerce and online government under Fed- Coyne Hilliard Meehan The CHAIRMAN pro tempore. The eral law; Cramer Hinchey Meeks (NY) Clerk will designate the amendment in (3) to facilitate and promote electronic Crane Hinojosa Menendez commerce by clarifying the legal status of Crowley Hobson Metcalf the nature of a substitute. electronic records and electronic signatures Cubin Hoeffel Mica The text of the amendment in the na- in the context of contract formation; Cummings Hoekstra Millender- ture of a substitute is as follows: Cunningham Holden McDonald (4) to facilitate the ability of private par- Danner Holt Miller (FL) Amendment No. 2 in the nature of a sub- ties engaged in interstate transactions to Davis (FL) Hooley Miller, Gary stitute offered by Mr. DINGELL: agree among themselves on the appropriate

VerDate 29-OCT-99 04:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.109 pfrm02 PsN: H09PT1 H11750 CONGRESSIONAL RECORD — HOUSE November 9, 1999 electronic signature technologies for their (2) Premarital agreements, marriage, adop- conduct of commerce online or by electronic transactions; and tion, divorce or other matters of family law. means; and (5) to promote the development of a con- (3) Documents of title which are filed of (2) actions being taken by the Executive sistent national legal infrastructure nec- record with a governmental unit until such Branch and individual Federal agencies to essary to support of electronic commerce at time that a State or subdivision thereof remove such barriers as are caused by agen- the Federal and State levels within areas of chooses to accept filings electronically. cy regulations or policies. jurisdiction. (4) Residential landlord-tenant relation- (c) CONSULTATION.—In preparing the report SEC. 4. DEFINITIONS. ships. required by this section, the Secretary of In this Act: (5) The Uniform Health-Care Decisions Act Commerce shall consult with the General (1) ELECTRONIC.—The term ‘‘electronic’’ as in effect in a State. Services Administration, the National Ar- means relating to technology having elec- (e) ELECTRONIC AGENTS.—A contract relat- chives and Records Administration, and the trical, digital, magnetic, wireless, optical, ing to a commercial transaction affecting Attorney General concerning matters involv- electromagnetic, or similar capabilities. interstate commerce may not be denied legal ing the authenticity of records, their storage (2) ELECTRONIC AGENT.—The term ‘‘elec- effect or enforceability solely because its and retention, and their usability for law en- tronic agent’’ means a computer program or formation involved— forcement purposes. (d) INCLUDE FINDINGS IF NO RECOMMENDA- an electronic or other automated means used (1) the interaction of electronic agents of TIONS.—If the report required by this section to initiate an action or respond to electronic the parties; or omits recommendations for actions needed records or performances in whole or in part (2) the interaction of an electronic agent of to fully remove identified barriers to elec- without review by an individual at the time a party and an individual who acts on that tronic transactions or to online or electronic of the action or response. individual’s own behalf or as an agent, for commerce, it shall include a finding or find- (3) ELECTRONIC RECORD.—The term ‘‘elec- another person. ings, including substantial reasons therefore, tronic record’’ means a record created, gen- (f) INSURANCE.—It is the specific intent of the Congress that this section apply to the that such removal is impracticable or would erated, sent, communicated, received, or business of insurance. be inconsistent with the implementation or stored by electronic means. (g) APPLICATION IN UETA STATES.—This enforcement of applicable laws. (4) ELECTRONIC SIGNATURE.—The term section does not apply in any State in which ‘‘electronic signature’’ means an electronic The CHAIRMAN pro tempore. Pursu- the Uniform Electronic Transactions Act is sound, symbol, or process attached to or ant to House Resolution 366, the gen- in effect. logically associated with a record and exe- tleman from Michigan (Mr. DINGELL) SEC. 6. PRINCIPLES GOVERNING THE USE OF cuted or adopted by a person with the intent ELECTRONIC SIGNATURES IN INTER- and a Member opposed each will con- to sign the record. NATIONAL TRANSACTIONS. trol 15 minutes. (5) GOVERNMENTAL AGENCY.—The term To the extent practicable, the Federal Gov- The Chair recognizes the gentleman ‘‘governmental agency’’ means an executive, ernment shall observe the following prin- from Michigan (Mr. DINGELL). legislative, or judicial agency, department, ciples in an international context to enable Mr. DINGELL. Mr. Chairman, I yield board, commission, authority, or institution commercial electronic transaction: myself such time as I may consume. of the Federal Government or of a State or (1) Remove paper-based obstacles to elec- (Mr. DINGELL asked and was given of any county, municipality, or other polit- tronic transactions by adopting relevant permission to revise and extend his re- ical subdivision of a State. principles from the Model Law on Electronic (6) RECORD.—The term ‘‘record’’ means in- marks.) Commerce adopted in 1996 by the United Na- Mr. DINGELL. Mr. Chairman, my old formation that is inscribed on a tangible me- tions Commission on International Trade dium or that is stored in an electronic or Law (UNCITRAL). dad taught me to measure twice and other medium and is retrievable in per- (2) Permit parties to a transaction to de- cut once. He said that that was better ceivable form. termine the appropriate authentication carpentry, and he was right. (7) TRANSACTION.—The term ‘‘transaction’’ technologies and implementation models for b 1445 means an action or set of actions relating to their transactions, with assurance that those the conduct of commerce, between 2 or more technologies and implementation models This amendment is essentially a bi- persons, neither of which is the United will be recognized and enforced. partisan agreement reached in the Sen- States Government, a State, or an agency, (3) Permit parties to a transaction to have ate between Senators ABRAHAM and department, board, commission, authority, the opportunity to prove in court or other LEAHY. It is supported by the adminis- or institution of the United States Govern- proceedings that their authentication ap- tration and it does not bear with it the ment or of a State. proaches and their transactions are valid. threat of veto of the legislation with- (8) UNIFORM ELECTRONIC TRANSACTIONS (4) Take a nondiscriminatory approach to ACT.—The term ‘‘Uniform Electronic Trans- out this amendment. It recognizes the electronic signatures and authentication validity of electronic signatures and actions Act’’ means the Uniform Electronic methods from other jurisdictions. contracts. It stays out of the more Transactions Act as provided to State legis- SEC. 7. STUDY OF LEGAL AND REGULATORY BAR- latures by the National Conference of Com- RIERS TO ELECTRONIC COMMERCE. complicated questions and controversy missioners on Uniform State Law in the (a) BARRIERS.—Each Federal agency shall, associated with electronic records at- form or any substantially similar variation. not later than 6 months after the date of en- tendant on those contracts. It also SEC. 5. INTERSTATE CONTRACT CERTAINTY. actment of this Act, provide a report to the avoids the problem of telling the con- (a) IN GENERAL.—In any commercial trans- Director of the Office of Management and tracting parties exactly what they do. action affecting interstate commerce, a con- Budget and the Secretary of Commerce iden- Here is what the substitute does do. tract may not be denied legal effect or en- tifying any provision of law administered by It says a contract may not be denied forceability solely because an electronic sig- such agency, or any regulations issued by legal effect or enforceability solely be- nature or electronic record was used in its such agency and in effect on the date of en- formation. actment of this Act, that may impose a bar- cause of electronic signature or an (b) METHODS.—Parties to a transaction are rier to electronic transactions, or otherwise electronic record was used in the for- permitted to determine the appropriate elec- to the conduct of commerce online or by mation. It allows parties to the trans- tronic signature technologies for their trans- electronic means. Such barriers include, but action to determine appropriate elec- action, and the means of implementing such are not limited to, barriers imposed by a law tronic signature technologies for their technologies. or regulation directly or indirectly requiring transaction. It protects parties by re- (c) PRESENTATION OF CONTRACTS.—Notwith- that signatures, or records of transactions, quiring that the electronic record be standing subsection (a), if a law requires be accomplished or retained in other than delivered in the form that can be re- that a contract be in writing, the legal effect electronic form. In its report, each agency tained by the parties for later ref- or enforceability of an electronic record of shall identify the barriers among those iden- such contract shall be denied under such law, tified whose removal would require legisla- erence, and it can be used to prove the unless it is delivered to all parties to such tive action, and shall indicate agency plans terms of the agreement. It sets forth contract in a form that— to undertake regulatory action to remove principles to guide the Federal Govern- (1) can be retained by the parties for later such barriers among those identified as are ment in expanding the use of electronic reference; and caused by regulations issued by the agency. signatures in international trans- (2) can be used to prove the terms of the (b) REPORT TO CONGRESS.—The Secretary of actions. It requires the Federal Gov- agreement. Commerce, in consultation with the Director ernment to study legal and regulatory (d) SPECIFIC EXCLUSIONS.—The provisions of the Office of Management and Budget, barriers to electronic contracts. of this section shall not apply to a statute, shall, within 18 months after the date of en- regulation, or other rule of law governing actment of this Act, and after the consulta- Now, here is what it does not do. It any of the following: tion required by subsection (c) of this sec- does not hurt the ability of States to (1) The Uniform Commercial Code, as in ef- tion, report to the Congress concerning— establish safeguards, such as consumer fect in a State, other than section 1–107 and (1) legislation needed to remove barriers to protection laws for electronic com- 1–206, article 2, and article 2A. electronic transactions or otherwise to the merce. It does not wipe out the ability

VerDate 29-OCT-99 04:17 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.021 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11751 of Federal regulators to eliminate to consumers. Such a charge is com- through two subcommittees and the abuses that may occur when electronic pletely false. H.R. 1714 contains impor- full committee by a voice vote. records are used. It does not wipe out tant provisions protecting consumers We are also hearing that we should State laws and regulations on the who choose to accept an electronic doc- support this amendment because it is maintenance of records critical to pro- ument. This makes H.R. 1714 a broader identical to the compromise legislation tection of individual rights and claims. bill, covering a wide range of electronic that has been agreed to in the other It does not preempt State and Federal commerce transactions. Indeed, we just body. First, if such a compromise has records signature requirements, includ- passed an amendment to improve this been reached, it certainly has not been ing those in tax laws and regulatory bill dealing with records by a vote of cleared for floor consideration. I think statutes. 418 to 2. Why would we want to strike it is premature to refer to this as the We do not need to sacrifice consumer the provision now? so-called compromise until it is voted protections to facilitate electronic Coupled with the records provision in on and approved by the full committee commerce. The concerns that I pointed H.R. 1714 are key consumer protec- of the other body. out earlier are avoided. Electronic tions. In short, the key consumer pro- Second, I am surprised to hear my commerce will go forward, the parties tections are an opt-in system for con- colleagues say that we should merely will define the terms under which they sumers who want to accept electronic accept the work of the other body will function, State laws will be pro- documents; standards to ensure that without thoroughly considering this tected, consumers will be protected, electronic documents are accurate and issue in the House. We should not and entrepreneurs on the Internet will can be printed for use for future ref- blindly accept any legislation merely also be protected. And consumers will erence, and a requirement that key no- because the other body has supposedly know that they have the means to pro- tices, such as termination of a utility reached a compromise on the text of a tect themselves on terms of contracts service, cancellation of health insur- bill. in which they enter. ance or life insurance, and foreclosure I am pleased to see that many of my Mr. Chairman, may I inquire as to or eviction must still be delivered in colleagues from across the aisle have how much time I have consumed? writing. seen the light and decided to support The CHAIRMAN pro tempore (Mr. The amendment before us also fails rather than oppose electronic signature MILLER of Florida). The gentleman to address the need for uniformity in legislation. Unfortunately, their from Michigan (Mr. DINGELL) has used electronic signature laws. Currently, amendment falls far short of what is 21⁄2 minutes and will have 121⁄2 minutes Mr. Chairman, 44 States have enacted needed to promote electronic com- remaining. some sort of electronic signature law. merce. Mr. DINGELL. Mr. Chairman, I re- However, all 44 are different and many Mr. Chairman, I reserve the balance serve the balance of my time. are inconsistent. With such a patch- of my time. The CHAIRMAN pro tempore. Does work of differing laws, electronic com- Mr. DINGELL. Mr. Chairman, I yield the gentleman from Virginia (Mr. BLI- merce is nearly impossible. This 2 minutes to the gentleman from New LEY) seek the time in opposition? amendment will only perpetuate that York (Mr. LAFALCE). Mr. BLILEY. I do, Mr. Chairman. patchwork of laws by allowing States (Mr. LAFALCE asked and was given The CHAIRMAN pro tempore. The to enact any law, any law, regulating permission to revise and extend his re- gentleman from Virginia is recognized electronic signatures, no matter how marks.) for 15 minutes. nonuniform or how inconsistent with Mr. LAFALCE. Mr. Chairman, I do Mr. BLILEY. Mr. Chairman, I yield the laws of other States. not believe there is a representative in myself 51⁄2 minutes, and I rise in oppo- In contrast, H.R. 1714 allows States this body who does not favor electronic sition to the substitute offered by the to enact a uniform electronic signature signatures. That is not the issue before gentleman from Missouri (Mr. GEP- law provided that it meets minimum us. The issue before us is should we HARDT), the gentleman from Michigan standards consistent with promoting pass Federal legislation that, A, pre- (Mr. DINGELL), the gentleman from electronic commerce. Two of the key empts consumer rights; and, B, pre- Michigan (Mr. CONYERS), and the gen- principles are that State laws must be empts States rights. I think the answer tleman from New York (Mr. LAFALCE). technology neutral and that States to that is no. Just last week the House leadership cannot limit the offering of electronic So there is another question. Why and the administration pulled out all signature services to specific types of not this substitute? Why not this sub- the stops to defeat H.R. 1714 when it businesses. H.R. 1714 will encourage stitute that the administration favors, was considered under suspension. In States to enact uniform laws while en- that is the agreed-upon compromise at spite of their opposition, we fell just a suring that States do not inhibit inter- least between Senator ABRAHAM, the few votes shy of a two-thirds majority. state commerce. chairman of the relevant Judiciary Just this past week an amazing conver- In addition, the amendment does not Subcommittee in the Senate, and Sen- sion has taken place. Not only has the fully address the concerns I have about ator WYDEN and Senator LEAHY? majority leadership stopped opposing the use and acceptance of electronic With respect to consumer rights, electronic signature legislation, but it signatures internationally. As other every consumer group believes that we now supports the concept of providing speakers have pointed out, some na- must pass this substitute in order to legal validity to electronic signatures, tions have enacted or are proposing keep the consumer protections that are and even went so far as to introduce a electronic signature legislation that presently in existing law. Industry, the bill, H.R. 3220. would be harmful to American inter- Microsofts, the Yahoos of this world, I commend my colleagues for their ests. Title II of H.R. 1714 provides guid- would embrace the substitute if it were conversion and for recognizing the im- ance to the Secretary of Commerce to to be before the President for his signa- portance of this Congress approving work against any barriers to promote ture. It is just that if they can get a electronic signature legislation. Unfor- American principles in this area. better bill that preempts consumer tunately, their amendment, as the old I would also like to point out that rights, why not? saying goes, is a day late and a dollar H.R. 1714 has been the subject of long I remember when I first studied law, short. The amendment only provides and substantial negotiations with the the Uniform Commercial Code was to for electronic signatures on contracts minority. Prior to its consideration at be adopted by the States. Nobody sug- and is, thus, substantially narrower the subcommittee and full committee gested that because contracts are than 1714. The amendment does not level, we engaged in lengthy negotia- interstate in nature there should be a provide for the use or acceptance of tions with the minority. The substitute Federal law preempting the ability of electronic records, such as warranties, amendments offered in committee by States to adopt the Uniform Commer- notices of or disclosures in electronic the gentleman from Ohio (Mr. OXLEY), cial Code sometime, with a little form. the gentleman from Louisiana (Mr. change here or a little change there, The offerers of this amendment have TAUZIN), and myself contain important and that is how it has evolved. leveled charges that the inclusion of provisions that enjoyed bipartisan sup- The present bill that is before us records in H.R. 1714 would bring harm port. In fact, H.R. 1714 was approved would preempt any State law unless it

VerDate 29-OCT-99 04:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.124 pfrm02 PsN: H09PT1 H11752 CONGRESSIONAL RECORD — HOUSE November 9, 1999 is fully consistent with the Federal Mr. CONYERS. Mr. Chairman, I yield tronic commerce ought to be made bill. In other words, it preempts it to- myself 2 minutes. clear. The bill does that. tally. The substitute would pass this My colleagues, this substitute is just The problem with the substitute is legislation, protect the consumer, but what we need. It has come not a mo- that it limits the bill only to those also protect the abilities to enact con- ment too soon, because I think we can matters dealing with the formation of sumer protections that might be even now bring a marriage to the rights of an electronic contract. greater. I think that is something we consumers and the high-tech neces- Now, in the earlier discussions, I want to preserve. sities of e-signature. It satisfies the tried to point out to my colleagues We will get the signature of the need of the high-tech community by that many things that happen in elec- President on the substitute. It is prob- recognizing the validity of the electronic commerce do not involve the ably going to be the virtual identical tronic signatures in contracts, but it formation of a contract. The best ex- bill that passes the Senate. Why not does not go as far as the base bill in ample is when we write a check and vote for this substitute, get a law, and getting into the controversial issue of that check has to be physically deliv- get the law passed immediately? other electronic records that might ered by the bank to the bank of the re- Mr. OXLEY. Mr. Chairman, I yield 2 arise from electronic contract forma- cipient to whom we are sending the minutes to the gentleman from Utah tion. money. Just the physical transfer of all (Mr. CANNON). b 1500 those checks, all that paperwork, costs Mr. CANNON. Mr. Chairman, I rise in consumers in America $4 billion a year In other words, this steers a mid- opposition to the substitute. I do not just moving that paper around. course. It has a counterpart in the support the substitute because it fails The substitute would do nothing to United States Senate. And it also has to simplify, clarify, and modernize the provide for digital signature in the the assurance that the President will law governing electronic commerce. It electronic commerce of transferring sign it into law. fails to promote uniformity of law So I am asking my colleagues, please, money around in the form of payments among the States, and it fails to ad- if we are supporting e-signatures and and checks. vance American interests worldwide by want to move high tech forward, here I urge that this substitute be de- promoting a uniform legal regime ad- is the substitute that we can do this feated and we stick with the main body dressing the use of electronic and simi- by. of the bill. lar technological means of effecting The substitute deals only with the Mr. DINGELL. Mr. Chairman, I yield and performing commercial and gov- formation of electronic contracts and 1 minute to the distinguished gen- ernmental transactions. not other types of records. It does not tleman from New York (Mr. WEINER), a The substitute will not accomplish undermine the important consumer member of the Committee on the Judi- what should be the basic objective of protection laws. For example, regula- ciary. any legislation on this subject; that is, tions implementing the Truth in Lend- Mr. WEINER. Mr. Chairman, I rise in bringing legal certainty to electronic ing Act require creditors to provide support of the amendment and the sub- transactions in commerce. The sub- consumers with periodic statements stitute being offered by the gentleman stitute fails in this regard because, in- that include information essential to a from Michigan (Mr. DINGELL) and the stead of promoting uniformity of law consumer in managing a credit card ac- gentleman from Michigan (Mr. CON- among the States, it will lead to the count. YERS) and others. I would appeal to my balkanization of applicable law. This Now, this cannot be accomplished un- colleagues on perhaps a different level will lead to greater uncertainty. less we have the substitute. Creditors than this issue has been debated for Balkanization will occur because, could request on a consumer’s consent some time. even with its most narrow scope, the to receive all disclosures electronically We still have relatively small num- substitute does not apply to States under H.R. 1714. That is exactly what bers of American citizens participating where the Uniform Electronic Trans- we are trying to make the distinction in Internet commerce, but that number actions Act, UETA, is adopted in whole between the substitute and the base continues to rise almost exponentially or any substantially similar variation. bill. Please support this substitute. each year. And the reason for that rise Between Section 3(b)(5) of UETA, Mr. BLILEY. Mr. Chairman, I yield 2 in participation in the Internet com- which permits a State to exclude any minutes to the gentleman from Lou- merce world is people are developing of its laws from the application of isiana (Mr. TAUZIN). more confidence. Each time they go UETA, and the substitute’s substan- Mr. TAUZIN. Mr. Chairman, I thank make a purchase and they get their tially similar variation language, a the gentleman for yielding me the product and their credit card number is State is completely free to institute its time. I rise in opposition to this sub- not stolen and their information not own electronic commerce laws regard- stitute. shopped around, people are more likely less of such laws’ effect on interstate Mr. Chairman, members of the com- to come back in future years to par- commerce. mittee, the substitute, if adopted, will take in that activity again. That is exactly what happened in rob this body of one of its rare opportu- That is why it is so absolutely impor- California, the first State to adopt nities to do good not only by our gen- tant during this period when Internet UETA. Relying on Section 3(b)(5) of the eration of Americans but by genera- commerce is growing that we do every- UETA, better known in some circles tions yet unborn. thing we can to reassure consumers UETA’s black hole, California excluded We are about to enter a new millen- and reassure those in the States that many laws from the application of nium that, in large measure, is going when they pass laws that they are UETA’s principles. Those laws include to be governed by the enormous possi- going to be protected. The substitute most sections of the following Cali- bilities of not only the current Internet adheres to the most stringent con- fornia codes: Uniform Commercial as we know it but as broadband, high- sumer protection while still allowing Code, the Business and Professions speed, always-on, always-available, digital signatures. Code, the Civil Code, the Financial supercontent-rich, broadband Internet For those of my colleagues who are Code, the Insurance Code, Public Utili- services that are going to merge with like me who on some level do believe ties Code, and the Vehicle Code. television and provide us with new that the banking community and the If every State was to take Califor- means of communicating and enter- insurance and financial services com- nia’s approach, the effect would be to taining ourselves and indeed con- munity should have easier access to further remove legal certainty. Rather, ducting electronic commerce across this world, I believe we have to do this 50 separate legal regimes may arise the span of the globe. It is going to in a thoughtful way while preserving governing electronic transactions in make a smaller world and make pos- consumers’ rights and, of course, while commerce. This outcome is counter- sible enormous opportunity for citizens preserving the rights of States and lo- productive and unacceptable. I thereof this country and citizens of the calities to do what they need to do to fore urge my colleagues on both sides word. reassure those who do partake in the of the aisle to vote ‘‘no’’ on the sub- But in order for that to flourish, the Internet commerce that they will be stitute. legal rules that are to govern elec- safe in doing so.

VerDate 29-OCT-99 04:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.127 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11753 The substitute does that. It does not the individual States. We retain They are not in hard copy and in writ- jeopardize the basic things that the States’ rights. ing. The right of the contracting par- sponsor of the bill would like to do. I There is such a thing as the Uniform ties to say but certain other things urge a yes vote on the substitute. Electronic Transactions Act. The Na- have to be under signature and on Mr. BLILEY. Mr. Chairman, I yield 2 tional Conference of State Legislators paper in the conventional fashion as re- minutes to the gentleman from Ohio wants the individual States to adopt quired by existing State law and by (Mr. OXLEY). that. even things going back to common law (Mr. OXLEY asked and was given Now the issue is not whether we and ordinary business practices and permission to revise and extend his re- should adopt UETA on a Federal level, transactions are no longer permitted. marks.) because we are not doing that. We are Those are done once they have made Mr. OXLEY. Mr. Chairman, I rise in adopting it with some changes here, the initial electronic contracts by a opposition to the substitute offered by some changes there. What changes are further electronic transaction. my good friend, the gentleman from we making? Those that don’t benefit Now, what is wrong with that? First Michigan (Mr. DINGELL). the consumers. of all, the hard drive may crash. Sec- As I said in my statement in sup- We are also saying to the States that ond of all, the Y2K bug may strike. porting the underlying bill, we will do they can pass whatever law they want, Third of all, these notices may get lost irreparable harm to the future of elec- but it cannot in any way be incon- in cyberspace. The individual may do a tronic commerce if we are unable to sistent with what we pass, which is not bad job of notifying the other party of provide the basis for uniformity and the UETA. an address change. Or the computer Support the substitute. Defeat the legal certainty. And, indeed, that is may crash. Or any of many things may main bill. Because if it goes before the really what this legislation is all transpire. The parties cannot even President for his signature as it is be- about. agree to these questions amongst fore the House right now, it will be ve- Those of us who study law under- themselves. That is wrong. toed. The substitute will be signed. stood that the Uniform Commercial If we want to go forward, let us pro- Code really for the first time turned Mr. BLILEY. Mr. Chairman, I reserve the balance of my time. ceed and go forward on the bill that loose this great engine of economic op- Mr. DINGELL. Mr. Chairman, I yield was adopted by the Committee on Com- portunity and contracts throughout myself 4 minutes. merce. Let us adopt this, which allows our 50 States when we had some degree Mr. Chairman, this bill in its original everything that the original legislation of certainty when we are dealing with form passed from the Committee on would have done and which was sup- the Uniform Commercial Code. Commerce unanimously. Now, what ported by both sides, majority and mi- In many ways, this legislation spon- happened between now and then is real- nority. Let us proceed in that fashion. sored by our good friend, the chairman ly very interesting. The bill has been I see no benefit to moving forward of the Committee on Commerce, is a changed. The Members on the minority with a bill which is so strongly ob- natural consequence of following along side consulted extensively with our jected to, which is not in the Senate with the Uniform Commercial Code, good friend, the chairman of the com- language, and which is threatened with but we are doing it as it relates to elec- mittee, and we were negotiating with a veto by the President. tronic commerce. Electronic commerce him; and there were a number of agree- All I am suggesting is that they lis- is that natural consequence of what we ments made to change the bill to make ten to the words of my old dad. When are doing. So, essentially, that is really it still more acceptable and more we are going to make this size of mas- what this bill is all about. workable. sive change, do it sensibly. Know what The substitute amendment only pro- But then something funny happened we are accomplishing. As my dad used vides legal certainty if the transaction on the way to the floor. The distin- to warn me when I was doing car- was conducted as a result of a contract. guished gentleman from Virginia, or pentry, he would say, ‘‘Measure twice. And indeed, a lot of commerce takes somebody else, all of a sudden decided Cut once. Be careful.’’ place without formal contracts. And they are going to put the bill on the That is what I am suggesting to this that is what really this legislation is floor, and they decided they were going body. Measure twice. Cut once. Adopt all about. to terminate the negotiations without the amendment. Get the bill signed. This substitute, I would tell my good any notice to the minority. And then let us proceed forward to friend from Michigan, is over regu- They then took the step of making such other matters as may be required. latory, it is industrial policy legisla- some significant changes in the bill. It Mr. BLILEY. Mr. Chairman, how tion that is contrary to what elec- is not the bill that came out of the much time do I have remaining? tronic commerce is really all about. Committee on Commerce to which the The CHAIRMAN pro tempore (Mr. Mr. Chairman, the substitute amend- minority objects. We will be happy to MILLER of Florida). The gentleman ment is simply a failure in regards to vote for that right this minute. But from Virginia (Mr. BLILEY) has 31⁄2 min- trusting people who are becoming more what we are confronted with here is utes remaining, and the gentleman and more sophisticated in dealing with the unfortunate situation where our from Michigan (Mr. DINGELL) has 21⁄2 electronic commerce and more and dear friends on the majority side have minutes remaining. more feeling comfortable with what is changed the bill with no notice, and it Mr. BLILEY. Mr. Chairman, I yield 2 happening out there in the market- is quite different than the original bill. minutes to the gentleman from Mis- place. This would be a huge step back- Now, what is the basic objection to sissippi (Mr. PICKERING). wards in the name of consumer protec- the bill? Let us try and understand to Mr. PICKERING. Mr. Chairman, I tion, when in fact it is quite the oppo- what does the minority really object. rise in opposition to the substitute. site and trusts government and trusts The minority objects not to the idea Again, with great respect to the rank- regulations and trusts bureaucrats far that we should authorize under law a ing member from the other side, I rise more than we trust the consumer in uniform system of recognizing the elec- in opposition. making these very important decisions tronic signature of contracts. What is I do so because the substitute fails in in the marketplace. objected to here is something quite dif- its own objective of eliminating bar- So, for that reason, I would ask the ferent, and that is that all of the mat- riers to electronic commerce by recog- substitute be defeated. ters which are associated with the con- nizing the validity of electronic signa- Mr. DINGELL. Mr. Chairman, I yield tract and with contracting are with tures and contracts. 1 minute to the distinguished gen- one swoop of the pen or one click of the The fact is that the substitute does tleman from New York (Mr. LAFALCE). computer changed so that they imme- very little to remove barriers that re- Mr. LAFALCE. Mr. Chairman, the diately go into force and that no right sult from the legal uncertainty associ- gentleman from Ohio (Mr. OXLEY) on the part of the individual who con- ated with electronic signatures and made reference to the Uniform Com- tracts remains intact after the original contracts. mercial Code bringing uniformity. I electronic signature has taken place. Actually, the substitute further exac- point out that it was not by Federal Now, what can happen? A number of erbates the uncertainty associated legislation; it was by the adoption of matters of notice come electronically. with the legal effect and enforceability

VerDate 29-OCT-99 04:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.130 pfrm02 PsN: H09PT1 H11754 CONGRESSIONAL RECORD — HOUSE November 9, 1999 of electronic mediums such as elec- they want. An individual to that con- Coyne Klink Phelps Danner Kucinich Pomeroy tronic contracts, agreements, signa- tract may waive contract rights to DeFazio LaFalce Rahall tures, and records. carry the matter more far and further DeGette Lampson Rangel b 1515 forward, but this proposal that we con- Delahunt Lantos Reyes front and seek to amend will impose DeLauro Lee Rivers Under the substitute, electronic sig- Dicks Levin Rothman upon innocent persons conditions Dingell Lewis (GA) Roybal-Allard natures and records will enjoy legal ef- which will only be understood by law- Dixon Lipinski Rush fect and enforceability only if they are yers and experts in electronic matters. Doyle Lowey Sabo used in the formation of an electronic Be fair to your constituents and to Duncan Luther Sanders contract. Thus, an electronic signature Edwards Maloney (NY) Sawyer the people. Allow them to proceed Engel Markey Schakowsky or record is not accorded legal validity slowly into the time of cyberspace. Do Eshoo Martinez Scott unless used in the context of contract not put them at risk because all of a Evans Mascara Serrano formation. The net positive effect of Farr McCarthy (MO) Slaughter sudden they are going to find to their Fattah McDermott Smith (MI) the substitute on e-commerce is mini- vast surprise, somewhere hidden in a Filner McGovern Spratt mal at best. Moreover, as the sub- contract which they had signed elec- Frank (MA) McKinney Stark stitute enables a State to exclude any tronically are a waiver of a whole Green (TX) McNulty Strickland of its laws from the application of the Gutierrez Meehan Stupak plethora of rights that are very impor- Hall (OH) Menendez Tierney substitute’s rule, even that minimal tant to them. Hastings (FL) Miller, George Towns positive effect is at risk of further di- Accept the amendment. Vote for it. Hilliard Mink Turner Hinchey Moakley Velazquez minishment. Still another dis- And in failing that, reject the bill. It is concerting fact is that permitting a Hinojosa Mollohan Vento not in the interests of your constitu- Hoeffel Nadler Visclosky State to exclude any or all of its laws, ents. Hoyer Neal Waters the substitute actually undermines the Mr. BLILEY. Mr. Chairman, I yield Jackson (IL) Oberstar Watt (NC) growth of electronic commerce by ex- Kanjorski Obey Waxman myself the balance of my time. Kaptur Olver Weiner acerbating uncertainty by codifying I again rise in opposition to this Kennedy Ortiz Wexler that uncertainty in Federal law. amendment. Records are important to Kildee Pallone Wise The simple fact is that the substitute Kilpatrick Pastor Woolsey add to this, it is voluntary, and we Kleczka Paul Wynn fails to facilitate and promote elec- have been into that over and over. tronic commerce by validating and au- In addition to that, what this amend- NOES—278 thorizing the use of electronic con- ment would do would be to allow Aderholt Deal Houghton tracts, agreements, records and signa- States to enact any kind of legislation Archer DeLay Hulshof tures. And resultantly, it fails to pro- Armey DeMint Hunter they want on this subject, and 44 mote public confidence in the validity, Bachus Deutsch Hyde States have already acted. There is a integrity and reliability of electronic Baird Diaz-Balart Inslee wide variety of difference between the Baker Doggett Isakson commerce. H.R. 3220 may actually 44 States. The one thing about elec- Ballenger Dooley Istook hinder the development of legal and Barcia Doolittle Jenkins tronic commerce, it is certainly inter- business infrastructure necessary to Barr Dreier John state commerce and that has always Barrett (NE) Dunn Johnson (CT) implement electronic commerce and been reserved to the Congress. Bartlett Ehlers Johnson, Sam therefore retard growth in e-commerce. Barton Ehrlich Jones (NC) I would hope that we would reject Mr. Chairman, I rise in support of the Bass Emerson Kasich this amendment and adopt the under- underlying bill and in opposition to the Bateman English Kelly lying bill. I would like to point out Bentsen Etheridge Kind (WI) substitute. that the gentleman from Michigan (Mr. Bereuter Everett Kingston Mr. DINGELL. Mr. Chairman, I yield Berkley Ewing Knollenberg CONYERS) is a cosponsor of H.R. 2626, a myself the balance of my time. Biggert Fletcher Kolbe bill that allows electronic delivery of Bilbray Foley Kuykendall Mr. Chairman, I have here a Floor consumer disclosures under a variety Bilirakis Forbes LaHood Alert from the National Conference of of banking laws, including the Truth- Bishop Ford Larson State Legislatures, Office of State-Fed- Bliley Fossella Latham in-Lending Act, the Equal Credit Op- eral Relations, in which they point out Blumenauer Fowler LaTourette portunity Act, the Fair Credit Report- Blunt Franks (NJ) Lazio that the substitute offered by my ing Act, the Real Estate Settlement Boehlert Frelinghuysen Leach friends and colleagues and me will ac- Boehner Frost Lewis (CA) Act, and yet we have the gentleman op- complish the purposes of ensuring the Bonilla Gallegly Lewis (KY) posing the inclusion of records in H.R. Bono Ganske Linder proper recognition of electronic signa- 1714. Passing strange. Boswell Gejdenson LoBiondo tures without trampling on the rights I urge the defeat of this amendment Boucher Gekas Lofgren of consumers and without engaging in Boyd Gibbons Lucas (KY) and the adoption of the underlying bill. the completion of legislation which Brady (TX) Gilchrest Lucas (OK) The CHAIRMAN pro tempore (Mr. Brown (FL) Gillmor Maloney (CT) will be opposed and vetoed by the ad- Bryant Gilman Manzullo LATOURETTE). The question is on the ministration. Burr Gonzalez McCarthy (NY) Our proposal here is fair. There is no amendment in the nature of a sub- Burton Goode McCollum significant trampling on State laws. stitute offered by the gentleman from Buyer Goodlatte McCrery Michigan (Mr. DINGELL). Callahan Goodling McHugh There is a piece of legislation which Calvert Gordon McInnis will be accepted by the administration The question was taken; and the Camp Goss McIntosh and which will protect the rights of Chairman pro tempore announced that Campbell Graham McIntyre the noes appeared to have it. Canady Granger McKeon consumers. Messages which would be Cannon Green (WI) Metcalf transported in cyberspace and perhaps RECORDED VOTE Castle Greenwood Mica lost to the detriment of consumers who Mr. DINGELL. Mr. Chairman, I de- Chabot Gutknecht Miller (FL) mand a recorded vote. Chambliss Hall (TX) Miller, Gary might find as a result of that fore- Chenoweth-Hage Hansen Minge closures of mortgages and other hurt- A recorded vote was ordered. Clement Hastings (WA) Moore ful actions by the seller will not be oc- The vote was taken by electronic de- Coble Hayes Moran (KS) curring. vice, and there were—ayes 126, noes 278, Collins Hayworth Moran (VA) Combest Hefley Murtha I think this is a sensible way to pro- not voting 29, as follows: Condit Herger Myrick ceed. Let us know what we are doing. [Roll No. 578] Cook Hill (IN) Napolitano We embarked upon this process in the Cooksey Hill (MT) Nethercutt AYES—126 Cox Hilleary Ney idea that we would have a bill which Abercrombie Becerra Capps Cramer Hobson Northup would approve electronic signatures. Ackerman Berman Capuano Crane Hoekstra Norwood The original committee bill did that. Allen Blagojevich Cardin Crowley Holden Nussle Declarations were festooned upon the Andrews Bonior Clayton Cubin Holt Ose Baldacci Borski Clyburn Cunningham Hooley Oxley committee bill. This amendment gives Baldwin Brady (PA) Conyers Davis (FL) Horn Packard all of the rights to the parties that Barrett (WI) Brown (OH) Costello Davis (VA) Hostettler Pease

VerDate 29-OCT-99 04:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.133 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11755 Pelosi Schaffer Taylor (NC) The SPEAKER pro tempore. Under Underlying that question is how, and Peterson (MN) Sensenbrenner Terry Peterson (PA) Sessions Thomas the rule, the previous question is or- in some cases whether, we plan to meet Petri Shadegg Thompson (CA) dered. those challenges. How we define our in- Pickering Shaw Thornberry Is a separate vote demanded on the terests, Mr. Speaker, will depend on Pickett Shays Thune amendment to the amendment in the how we define ourselves. What kind of Pitts Sherman Thurman Pombo Sherwood Tiahrt nature of a substitute adopted by the country will we be in the next century? Porter Shimkus Toomey Committee of the Whole? If not, the In 2020, when my grandchildren are Portman Shows Traficant question is on the amendment in the grown, what will the American flag Price (NC) Shuster Udall (CO) nature of a substitute. mean to them and to people around the Pryce (OH) Simpson Udall (NM) Quinn Sisisky Upton The amendment in the nature of a world? Radanovich Skeen Vitter substitute was agreed to. In the classified schedule of author- Ramstad Skelton Walden The SPEAKER pro tempore. The izations in our conference report, we Regula Smith (NJ) Walsh question is on the engrossment and frame a preliminary answer to these Reynolds Smith (WA) Wamp Riley Souder Watkins third reading of the bill. questions. In that report, Mr. Speaker, Roemer Spence Watts (OK) The bill was ordered to be engrossed we bring forward the basic tools and Rogers Stabenow Weldon (FL) and read a third time, and was read the skills of the Cold War to bear on the Rohrabacher Stearns Weldon (PA) third time. new threats of the next century: the Ros-Lehtinen Stenholm Weller Roukema Stump Weygand The SPEAKER pro tempore. The international drug cartels that bring Royce Sununu Whitfield question is on the passage of the bill. poison into our cities, the elusive con- Ryan (WI) Sweeney Wicker The question was taken; and the spiracies that put the pieces of nuclear Ryun (KS) Talent Wilson Speaker pro tempore announced that weapons into the hands of rogue lead- Salmon Tancredo Wolf Sanchez Tanner Wu the ayes appeared to have it. ers, and the shadowy networks that Sandlin Tauscher Young (AK) Mr. LAFALCE. Mr. Speaker, I de- want to bomb our buildings overseas Sanford Tauzin Young (FL) mand a recorded vote. and here at home. Saxton Taylor (MS) A recorded vote was ordered. We will also need to use these tools NOT VOTING—29 The SPEAKER pro tempore. Pursu- and skills to meet new and unantici- Berry Jefferson Owens ant to clause 8 of rule XX, further pro- pated challenges that will arise in the Carson Johnson, E. B. Pascrell ceedings on passage of the bill are post- coming years. Synthetic pharma- Clay Jones (OH) Payne poned until later today. ceuticals, genetic terrorists? I cannot Coburn King (NY) Rodriguez Cummings Largent Rogan f know what threats will face my grandchildren in the year 2020 as Americans, Davis (IL) Matsui Scarborough CONFERENCE REPORT ON H.R. 1555, Dickey Meek (FL) Smith (TX) but I can tell the Members what intel- Gephardt Meeks (NY) Snyder INTELLIGENCE AUTHORIZATION ligence tools and skills will be nec- Hutchinson Millender- Thompson (MS) ACT FOR FISCAL YEAR 2000 Jackson-Lee McDonald essary to meet those threats. (TX) Morella Mr. GOSS. Mr. Speaker, pursuant to That is our job. We may not know the unanimous consent agreement of the who, In other words, but we clearly b 1547 earlier today, I call up the conference know the how. We have learned that, Messrs. REGULA, WEYGAND, report on the House bill (H.R. 1555) to and now we have to provide for it. In GEJDENSON, SCHAFFER, SHOWS, authorize appropriations for fiscal year our conference report, Mr. Speaker, we and HEFLEY, Mrs. CHENOWETH- 2000 for intelligence and intelligence- continue to focus on this, how we will HAGE, and Mrs. THURMAN changed related activities of the United States meet the threats and the challenges of their vote from ‘‘aye’’ to ‘‘no.’’ Government, the Community Manage- the future, which is indeed upon us. Mr. WEXLER and Mr. SPRATT ment Account, and the Central Intel- We will need more human intel- changed their vote from ‘‘no’’ to ‘‘aye.’’ ligence Agency Retirement and Dis- ligence or HUMINT, as we call it. Over So the amendment in the nature of a ability System, and for other purposes, the past year we have had to under- substitute was rejected. and ask for its immediate consider- stand and to act upon crises in Bel- The result of the vote was announced grade, Nairobi, Dar es Salaam, East as above recorded. ation in the House. The Clerk read the title of the bill. Timor, southern Colombia, and a whole Stated for: host of other hard-to-pronounce places. Mr. BERRY. Mr. Speaker, I was unavoidably The SPEAKER pro tempore (Mr. LATOURETTE). Pursuant to the order of In each case, policymakers need more detained for rollcall vote 578. Had I been HUMINT on the plans and the inten- present, I would had voted ``yes'' on rollcall the House of today, the conference report is considered as having been read. tions of the rogue leaders, dissidents, vote number 578. terrorists, guerillas, and traffickers in- Stated against: (For conference report and statement, see proceedings of the House of volved in these crises. Mr. ROGAN. Mr. Chairman, on rollcall No. Where will the crises of the year 2000 578, I was attending the Little Rock Nine Con- Friday, November 5, 1999, at page H. 11630). arise, Kabul, Kinshasa, Lagos? I do not gressional Medal of Honor Ceremony at the know, but they will be out there, and White House. Had I been present, I would The SPEAKER pro tempore. The gentleman from Florida (Mr. GOSS) and wherever they do arise our policy- have voted ``no.'' makers will need intelligence officers The CHAIRMAN pro tempore. The the gentleman from California (Mr. on the ground to collect HUMINT on question is on the amendment in the DIXON) each will control 30 minutes. The Chair recognizes the gentleman the plans and intentions of those in- nature of a substitute, as amended. volved. The amendment in the nature of a from Florida (Mr. GOSS). Mr. GOSS. Mr. Speaker, I yield my- For that reason, Mr. Speaker, our substitute, as amended, was agreed to. conference report continues the re- The CHAIRMAN pro tempore. Under self such time as I may consume. building of our HUMINT capabilities the rule, the Committee rises. Mr. Speaker, I obviously rise in Accordingly, the Committee rose; strong support of the conference report around the world. No surprises is the right way to go. and the Speaker pro tempore (Mr. to accompany H.R. 1555, the Intel- We will continue to need signals in- LAHOOD) having assumed the chair, Mr. ligence Authorization Act for Fiscal telligence, or SIGINT, as it is called. Year 2000. LATOURETTE, Chairman pro tempore of As in the past, our ability to collect Mr. Speaker, in H.R. 1555 we begin the Committee of the Whole House on SIGINT has helped to protect our the funding for the intelligence com- the State of the Union, reported that shores from cocaine and our citizens munity of the next millennium. That, that Committee, having had under con- from terrorists. That ability, however, Mr. Speaker, is a most useful perspec- sideration the bill (H.R. 1714) to facili- is threatened in a fundamental way by tate the use of electronic records and tive for what we have tried to do in our digital technologies. signatures in interstate or foreign com- conference report. How can we adapt merce, pursuant to House Resolution the tools and skills of the Cold War to b 1600 366, he reported the bill back to the meet the challenges of the 21st cen- For that reason, Mr. Speaker, our House with an amendment adopted by tury? These are new times. We need conference report continues the recapi- the Committee of the Whole. new ways to approach them. talization of our SIGINT capability.

VerDate 29-OCT-99 04:14 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.102 pfrm02 PsN: H09PT1 H11756 CONGRESSIONAL RECORD — HOUSE November 9, 1999

This is a huge undertaking and an ex- NIHAN and I have introduced the means ity staff who is not present today and traordinarily significant one. to make that happen, and I believe we that is Tim Sample. That is because We must improve the processing of have. his father, Robert Sample, passed away imagery intelligence, or IMINT as it is Finally, in title VIII of our con- recently. But Tim has done an out- called. Our ability to collect imagery ference report, we provide the Presi- standing job for us, and I know the has accelerated at lightning speed, but dent with an important new tool House extends its sympathy to Tim our ability to process imagery remains against the menace of foreign drug Sample and his family. at a crawl. Collection and processing, lords who poison our cities. In title Mr. Chairman, I would like to make however, are two halves of one whole. VIII, called ‘‘The Foreign Narcotics special mention of two issues addressed They must work together. Kingpin Designation Act,’’ the Presi- in the conference report. Recently, the At present, the combination of col- dent and the Secretary of Treasury National Reconnaissance Office an- lection and processing and imagery is a may publicly identify foreign drug nounced the award of a contract to Ferrari welded to a Ford Falcon. That lords and block their transactions and produce the next generation of imagery combination simply will not drive our assets. Title VIII extends an executive satellites. These devices will vastly in- IMINT capability in 2020. And for that order against Colombian drug lords to crease the amount of imagery which reason, Mr. Speaker, our conference re- include all foreign drug lords. It pro- can be collected. Collection, however, port challenges the Intelligence Com- vides the President with a new way to is not the only element in the produc- munity to invest more in its ability to use intelligence in the war on drugs. It tion of imagery intelligence. Equally process imagery. It does no good to is long overdue. It is a tried and tested important are the elements of tasking, have the pictures if we do not have an- measure. It works and we need to use processing, exploitation and dissemina- alysts to review them. it. tion, known collectively as TPED. We must rebuild our covert action Mr. Speaker, only through a coopera- Mr. Speaker, to shortchange TPED is capability. The rise of rogue leaders tive, bipartisan effort could our com- to guarantee that the benefit of invest- and regional conflicts has dem- mittee have addressed so wide a range ments in collection systems will never onstrated once again that the Presi- of authorizations and legislative provi- be fully realized. The imbalance be- dent must have an option between the sions in this conference report, and tween TPED and collection is now at a use of F–16s and doing nothing. The also, incidentally, with such a good critical stage, not because its con- President must have, whenever appro- professional staff as we have. sequences will be felt in the next priate, the ability to influence an ad- The ideas and counsel of the gen- month, but because there is no evi- versary through the various forms of tleman from California (Mr. DIXON), dence that the executive branch is seri- covert action, properly oversighted, of our ranking member, form a major ous about addressing it adequately in course. part of this report. It draws as well on the next few budget submissions. For that reason, Mr. Speaker, our the considerable expertise of the Demo- The conferees agreed to report lan- conference report provides additional cratic staff of this committee. And I guage which I think is strong and funding for development of the Intel- am pleased to say our committee in my makes clear if the administration can- ligence Community’s covert action ca- view works on a very close, bipartisan, not budget appropriately for TPED, the pabilities. cooperative basis and the results of scale of the collection system should Rebuilding and refining our that are evident to all. be modified. There is adequate time in HUMINT, our SIGINT, our IMINT, and Our work together on this conference which to assess the resolve of the exec- our covert action capabilities are cen- report is a part of an annual dem- utive branch on this matter, but in my tral to the conference report accom- onstration that partisanship, like judgment we are long past the point panying H.R. 1555. In addition, we ad- beepers and cell phones, actually get where we can merely exhort the leader- dress legislatively a number of specific checked at the outer door of our com- ship in the defense and intelligence issues that have arisen with regard to mittee before Members can come into agencies to bring collection and TPED the use and the oversight of these capa- our committee’s spaces. into balance. The report language is in- bilities. In sum, Mr. Speaker, I rise in support tended to be helpful, but there should In section 309 of our conference re- of a strong bipartisan conference re- be no mistaking the frustration of the port, we direct the National Security port that provides funding and direc- conferees with past efforts to achieve Agency, the NSA, to report in detail on tion for the Intelligence Community of realistic budget submissions on this the legal standards that it employs for the next millennium. It also provides matter. the interception of communications. I legislation that addresses oversight Mr. Speaker, last week the House can report, notwithstanding this provi- issues and expands the use of intel- adopted overwhelmingly the so-called sion, that the committee has substan- ligence in the war on drugs. I urge drug kingpin legislation which would tial insight into the action of the NSA Members to support this conference. be used to identify foreign individuals and the guidance of its legal staff. I Mr. Speaker, I reserve the balance of and entities that play a significant role have thus far no reason to believe that my time. in international narcotics trafficking. the NSA is not scrupulous in following Mr. DIXON. Mr. Speaker, I yield my- The bill also provides for the blocking the Constitution and the laws con- self such time as I may consume. of access to the assets in the United ducting its SIGINT mission. However, (Mr. DIXON asked and was given per- States of those individuals and enti- our job is oversight and we take it seri- mission to revise and extend his re- ties, as well as the assets of those who ously. marks.) assist or provide financial or technical In section 311 of our conference re- Mr. DIXON. Mr. Speaker, I rise to support to them. port, we require that the Director of support the conference report. First of That legislation is contained in this Central Intelligence report to Congress all, let me congratulate the gentleman conference report in place of an amend- on any involvement of U.S. intel- from Florida (Chairman GOSS), the ment on the same issue which had been ligence agencies in the abuses of the chairman of our committee, because I adopted during the consideration of the Pinochet regime in Chile. In response think many times not only I, but the intelligence authorization bill in the to public and Congressional interest, I staff and other Members thought that Senate. have introduced legislation with Sen- we would never reach the floor today. During the debate in the House on ator MOYNIHAN that would coordinate It was due to his diligence and the the drug kingpin measure, concerns and expedite the gathering and dis- staff’s diligence that we are here today were raised about the impact the bill semination of such information. The with what I think is a fine conference could have on the property of United story of U.S. intelligence in Chile, report. States persons who might have a busi- whether good or bad, inspiring or em- I also would like to thank John ness relationship with an individual or barrassing, is part of American history. Millis and his staff and Mike Sheehy, entity identified as a significant nar- Such stories should, to the extent pos- our minority counsel, and our staff for cotics trafficker, even if the relation- sible, be provided to the American peo- working in a very cooperative manner. ship was not directly related to the ple. I am hopeful that Senator MOY- There is one gentleman on the major- trafficking activities. Similar concerns

VerDate 29-OCT-99 04:49 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.140 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11757 may be raised today. Some have as- fort. I am equally pleased that this leg- The SPEAKER pro tempore (Mr. serted that the bill would preclude ju- islation provides resources for improv- LATOURETTE). The time of the gen- dicial review of an action to block ac- ing our analytical efforts towards tleman from Florida (Mr. MCCOLLUM) cess to the assets of a United States emerging threats in such diverse envi- has expired. person. I would be extremely concerned ronments as Colombia, North Korea Mr. DIXON. Mr. Speaker, I yield 3 by that result. and the former Soviet Union. minutes to the gentleman from Vir- Others contend that the Administra- Among the most significant provi- ginia (Mr. SISISKY). tive Procedures Act and the Federal sions in the conference report is title Mr. SISISKY. Mr. Speaker, I rise in court system would be available to a VIII, otherwise known as The Foreign strong support of the conference agree- United States person who desires to Narcotics Kingpins Designation Act. ment on H.R. 1555, the Intelligence Au- challenge an asset-blocking action The House considered and approved thorization Act for Fiscal Year 2000. under the bill. this legislation just last week as a First, let me take this opportunity to Mr. Speaker, the conferees did not in- stand-alone measure. I am happy to re- congratulate the gentleman from Flor- tend to create a situation in which the port that the House’s action was in- ida (Mr. GOSS), for his efforts in pro- ability of a United States person to strumental in persuading the Senate to ducing a bipartisan bill that addresses challenge an asset-blocking action incorporate the House-passed kingpins the intelligence needs of policymakers under the bill would be less than the language as a part of this conference and our military. ability of a foreign person. To ensure report. Additionally, praise must also be ex- that an unintended consequence did Based on the success of President tended to the gentleman from Cali- not result in this area, the conferees Clinton’s 1995 executive order targeting fornia (Mr. DIXON), our ranking Demo- agreed to include a provision which the finances of the Cali Cartel king- cratic member, for his work in helping would establish a commission to exam- pins, I strongly believe that the enact- to craft this important piece of legisla- ine the judicial review questions raised ment of this legislation will permit our tion and for his leadership on the Per- by the drug kingpin measure and re- Nation to fight the war against major manent Select Committee on Intel- port its findings to the Permanent Se- narcotics traffickers smarter and with ligence. lect Committee on Intelligence, Com- greater precision. Mr. Speaker, this bill is very con- mittee on the Judiciary, and the Com- The kingpins legislation gives the sistent with the requests submitted by President additional legal and finan- mittee on International Relations. the President. In several areas, the cial tools to go after the world’s most If the commission concludes that due committee recommends modest in- significant drug kingpins. By building process concerns raised about this leg- creases in the request. The committee on the legal and administrative prece- islation are legitimate, I expect that has recommended additional funding dents established during the 4-year de- the Congress will take prompt and im- for intelligence, surveillance and re- velopment of the Colombia-focused mediate action. connaissance airborne platforms that program, the cosponsors and the ad- Mr. Speaker, intelligence programs were so important during Operation Al- ministration sought to ensure suffi- play an important role in our national lied Force and continue to be critical cient legal protection for the innocent, security. The conference report in the Balkans, Korea and for strengthens many of those programs while intensifying the pressure on foreign persons and foreign businesses in- counterdrug activities. and I urge its adoption. During Operation Allied Force, we Mr. Speaker, I reserve the balance of volved in large-scale narcotics trafficking and money laundering activi- had no ground forces deployed to drive my time. the Serbs into the open, so intelligence Mr. GOSS. Mr. Speaker, I yield 3 ties. This mechanism is intended to re- surveillance and reconnaissance air- minutes to the gentleman from Florida spond to the emerging threat posed by borne platforms provided the eyes and (Mr. MCCOLLUM), a distinguished mem- these global criminals and their orga- ears for our commanders, air crews and ber of the committee, a chairman of nizations. Based on the success ob- targeteers. one of our subcommittees, the Sub- tained to date against the Colombians, b committee on Human Intelligence, 1615 it is my expectation that this policy Analysis and Counterintelligence, a Without these platforms, we would tool could be used with equal success Member who has distinguished himself have had little success against mobile against drug lords based in Southeast as leading in the efforts in the war on targets. These platforms provided un- and Southwest Asia, Europe, the precedented levels of information to terrorism. Former Soviet Union, and elsewhere in Mr. MCCOLLUM. Mr. Speaker, I am our warfighters. Latin America. To ensure that the new delighted to take the time at this mo- This funding is critical. The military tool is properly funded and staffed, I ment to support this bill. I join in sup- services have not provided sufficient would urge the administration provide funding for these very high-demand, porting H.R. 1555. The bill is a good the necessary personnel and resources low-density assets. For a small cam- one. It reflects a great deal of work by within its fiscal year 2001 budget sub- paign like Allied Force, the European Members and the staffs of the two com- missions to the Treasury Department’s Command found it necessary, not only mittees of jurisdiction. Office of Foreign Assets Control and to to dedicate all their intelligence, sur- Mr. Speaker, as chairman of the Sub- the relevant units of the Intelligence veillance, and reconnaissance airborne committee on Human Intelligence, Community. Analysis and Counterintelligence, I am Mr. Speaker, it strikes me that by platforms, leaving forces in Bosnia and especially glad to report the commit- going after the assets of these kingpins Saudi Arabia vulnerable, but platforms tee’s mark has addressed a wide range in the United States, we have a great had to also be borrowed from other the- of pressing requirements in each of the opportunity to destroy the cartels in aters. subcommittee’s areas of responsibility. ways we otherwise would not, and this Operation Allied Force proved the The bill continues the committee’s is the strongest tool to date. value of our investment in unmanned multiyear effort to rebuild our Na- Mr. Speaker, I strongly support the aerial vehicles or UAV’s. The Army tion’s human intelligence capabilities, Intelligence authorization conference Hunter unmanned aerial vehicle was as the gentleman from Florida (Mr. report before us today, and I urge all of flown aggressively and successfully GOSS) has remarked earlier. These have my colleagues to do so. during the air campaign and UAV’s are been depleted over the years and are Mr. NADLER. Mr. Speaker, will the essential for peacekeeping operations now being rebuilt, as they have been gentleman yield? in the U.S. sector of Kosovo today. The over the last several years, and this Mr. MCCOLLUM. I yield to the gen- bill rightly contains increased funding bill adds enormously to that. tleman from New York. for unmanned aerial vehicles. The bill also includes much-needed Mr. NADLER. Mr. Speaker, the gen- The committee strongly believes that support for both the intelligence and tleman from Florida (Mr. MCCOLLUM) it is not enough to just develop intel- law enforcement communities to beef stated a moment ago that in title VIII ligence collection platforms; a cor- up our counterintelligence programs in of the bill, the rights of innocent per- responding investment must be made a responsible and carefully targeted ef- sons are protected—— in the people and the systems that

VerDate 29-OCT-99 04:49 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.142 pfrm02 PsN: H09PT1 H11758 CONGRESSIONAL RECORD — HOUSE November 9, 1999 task, process, exploit, and disseminate who threaten our national security. cacy must be guided by good sense, what is collected. For this reason, Congress has been sup- good judgment, and a jealous protec- Collection systems are costly portive of FIA. tion of taxpayers’ dollars. It is time to enough, but will be of little value if the FIA, to be carried out over the next pay the bill for taking the intelligence data cannot be immediately analyzed decade or so, will be the most expen- community into the new millennium. and disseminated to support rapid re- sive program in the history of the in- Mr. DIXON. Mr. Speaker, I yield 5 targeting or other time-critical activi- telligence community. Over the last 2 minutes to the distinguished gen- ties. The committee has put a tough years, Congress has imposed spending tleman from Georgia (Mr. BISHOP), who provision in the conference report to caps on the program to make sure its is the ranking member on the Sub- address this issue and expects the ad- costs will not overwhelm the limited committee on Technical and Tactical ministration to remedy imbalances in money that is available for our intel- Intelligence. the imagery architecture. ligence work. Mr. BISHOP. Mr. Speaker, I thank Mr. Speaker, this bill would provide Despite this imposition of those the gentleman from California (Mr. the funds that are needed to sustain spending caps, there remain severe DIXON) for yielding me this time. our efforts to combat terrorism, nar- problems with FIA. We on the Perma- Mr. Speaker, it is my privilege to cotics trafficking, and weapons pro- nent Select Committee on Intelligence serve as the ranking member of the liferation. I am pleased to support the are gravely concerned that the pro- Subcommittee on Tactical and Tech- bill. I urge my colleagues to support it gram as currently planned has the po- nical Intelligence. This subcommittee as well. tential of being the biggest white ele- oversees intelligence collected by tech- Mr. GOSS. Mr. Speaker, it is my phant in U.S. intelligence history. nical means, such as satellites and air- privilege to yield 5 minutes to the dis- Now, why would I suggest that? Well, planes and ships. tinguished gentleman from California why? Because there is, effectively, no During debate on this bill in the House, I urged my colleagues to sup- (Mr. LEWIS), the vice chairman of the money budgeted now to task the sat- Permanent Select Committee on Intel- ellites, process the digital data they port the legislation; and I applauded ligence, and there be no daylight be- collect, exploit the information coming the gentleman from Florida (Chairman tween us, appropriator of the com- from the data, and then disseminate GOSS) for his respect of the views of the mittee who has done a marvelous job of the information to the national policy- gentleman from California (Mr. DIXON), the ranking member, and of all of the making sure the authorization and the maker, the President perhaps, the ana- Democrats on the committee. I com- appropriations match up, and I offer lysts, or the military unit that needs mended as well the gentleman from my congratulations to him. the information. The best that we can Delaware (Mr. CASTLE), chairman of Mr. LEWIS of California. Mr. Speak- do is hope, in the current cir- the Subcommittee on Technical and er, I thank the gentleman from Florida cumstances. Tactical Intelligence. (Chairman GOSS) very much for his re- Let me say that, for 4 years, Congress I believe that this conference report marks as well as his time. has warned that the intelligence and deserves the same endorsement from Mr. Speaker, in the years I have the defense communities must keep up the House. It is consistent with the ad- served in the Congress, I hold in the to the need to fund the activities to ministration’s request. It is fair, and it highest regard the work that I have step up to that need to fund these ac- will enhance our nation’s security. done with the Members of the Perma- tivities to make the system useful. The I want to point out to my colleagues nent Select Committee on Intelligence tasking, the processing, exploitation that this conference report is the only in the House and in the other body as and dissemination, what we call TPED, authorization for those intelligence ac- well. But, particularly, I want to ex- has got to have that fundamental sup- tivities of a distinctly national char- press my appreciation to the gen- port. acter. The intelligence activities that tleman from Florida (Chairman GOSS) We have been told do not worry, we are unique to the Department of De- as well as to the gentleman from Cali- will take care of it. All the while, we fense are conferenced with the armed fornia (Mr. DIXON) and their very fine get candid comments from the execu- services committees, and the author- staffs for the conference report they tive branch that, in reality, there is no ization of those activities appears in have developed this year. plan to fund TPED and not even an un- both the National Defense Authoriza- I also want to extend my apprecia- derstanding of how we ought to go tion Act and the Intelligence Author- tion for their patience with me as I about it. ization Act. These DoD-unique intel- have gone about learning the work In this bill, Congress has told the ad- ligence activities make up a large frac- that swirls around the Subcommittee ministration enough is enough. We tion of the nation’s overall intelligence on Defense of the Committee on Appro- have said that, unless there is a plan budget. priations this year. I have not been implemented that will process the sat- This conference report would add available as nearly as much as I would ellite data that FIA will collect, we about 1 percent to the President’s re- have liked, but their patience is much will not buy the satellite system as quest for national intelligence activi- appreciated as well as their help. currently proposed. In English, it does ties. As with the House version of the I want to spend a few minutes dis- not do any good to take pictures that bill, there would be modest increases in cussing what I view perhaps is the no one will ever see. the budgets for activities centered in most important action taken in this We are hopeful the administration the National Security Agency, the De- conference report. It should come as no will step up to the challenge, that the fense Intelligence Agency, and the Cen- surprise to anyone who follows unclas- military services who are to be the tral Intelligence Agency, and some- sified discussions of our intelligence principal beneficiaries will step up and what less money for the National Re- capabilities that we are at the begin- help pay for the bill, and that the intel- connaissance Office, which manages ning of building a space-borne imagery ligence community will also help by the acquisition of our intelligence sat- intelligence capability that is meant to finding priorities that it, too, can set ellites. take us through the next several dec- aside for a while. If not, they must I am pleased that we have fully fund- ades. next year join with us to rethink this ed the major satellite acquisition pro- This capability, usually known as hugely expensive program so as to grams, including the new future im- FIA for the term ‘‘future imagery ar- downsize it and somehow find other agery architecture, or FIA. These new chitecture,’’ will be an incredible im- savings in its development that will imagery satellites will greatly increase provement over what we can now do. allow us to fund the TPED functions the volume of imagery we can collect, The satellites promise to deliver many without which FIA will be worthless. as well as provide for more frequent times the data at a much-reduced in- This has been a difficult matter, and coverage of targets, which together terval between pictures. It has the po- I am proud of how the members of the will address deficiencies identified in tential to revolutionize the way we em- Permanent Select Committee on Operation Desert Storm and more re- ploy our military. It can also greatly Intelligences have dealt with this head cent conflicts. complicate the lives of those terrorists, on. We are all advocates of a strong in- However, these enhanced collection drug lords, and weapons proliferators telligence community, but such advo- capabilities will not count for much

VerDate 29-OCT-99 04:49 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.146 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11759 unless we also invest in the means to that committee who has helped so changes are needed at the National Se- exploit and disseminate the imagery on much with the intelligence responsibil- curity Agency in order to modernize the ground. On this score, executive ities of the country. our SIGINT capabilities and improve branch planning has been extremely I would like to also thank the gen- efficiency. poor. The conference report would re- tleman from Georgia (Mr. BISHOP) who The committee is most gratified that quire a reduction in planned collection just spoke, who is the ranking member the new director of NSA, Lieutenant capabilities unless substantial im- on the subcommittee which I do chair, General Mike Hayden, agreed to con- provements are planned for exploi- which is the Subcommittee on Tech- duct unrestrained studies of the need tation and dissemination. nical and Tactical Intelligence. for reform, using both an internal and I would also like to call attention to I also rise in full support of this con- an external team. These studies were significant problems at the National ference report for the fiscal year 2000 just completed. Both endorsed previous Security Agency. The NSA is facing intelligence authorization. committee findings identifying sys- tremendous challenges coping with the As chair of the Subcommittee on temic obstacles to efficiency and explosive development of commercial Technical and Tactical Intelligence, I change. The difficult part, sorting and communications and computer tech- would like to highlight a few major implementing solutions proposed by nology. As the new NSA director has points of committee emphasis over the the teams, soon begins. General Hay- pointed out, while the new technology past year in areas of technical and tac- den has our strong support for decisive is providing incredible benefits to our tical intelligence. action that will, by nature, be con- Nation’s security and economy, it is We spent a great deal of time inves- troversial. taxing in the extreme to those charged tigating the Chinese embassy bombing. We will not rest easy until SIGINT is with intercepting the communications As a subcommittee, we looked at sat- once again healthy. of hostile powers and drug lords. At the ellite launch failures and intelligence Mr. DIXON. Mr. Speaker, I yield 3 same time, NSA has not demonstrated support for military operations. There minutes to the gentleman from Indiana much prowess in coping with the chal- has been considerable emphasis on the (Mr. ROEMER), a very valuable member of our committee. lenge. requirements for future satellites and Mr. ROEMER. Mr. Speaker, I thank The new director of NSA, I believe, on associated production issues, and a the gentleman from California for grasps the seriousness of the situation. lot of investigation and questions fo- yielding me this time, and I also want I hope that we have made progress in cused on revitalization of our Signals to thank him and the chairman for focusing the attention of the Secretary Intelligence capability at the National their patience, their insight and their of Defense and the Director of Central Security Agency. help to a new member of the Perma- Intelligence on this critical issue. I am keenly aware of the vital con- nent Select Committee on Intelligence Fixing NSA’s internal problems is tributions of space-based assets to the for the past 11 months. only half the answer. A sustained fund- United States national security, and Mr. Speaker, I rise to note the impor- ing increase of some magnitude will there clearly is a future. From diplo- tance of a strong and effective intel- also probably be necessary, and there macy to precision strikes, our assets in ligence community. Dating back over are no obvious candidates yet for off- space are essential for confident plan- 220 years, certainly General George setting cuts. Action, however, is imper- ning and execution of policy. Con- Washington started our intelligence ative since the nation cannot navigate tinuity in satellite operations hinges community with the help of such brave with an impaired sense of hearing. on another critical program, space patriots as Nathan Hale, who we lost in In closing, Mr. Speaker, this is a re- launch. the first intelligence operation when he sponsible bill that will enhance our na- Therefore, the large number of recent was hung by the British. That history tion’s security. It supports our mili- launch failures became an issue of in- and that importance continues as an tary forces and our efforts to combat tense concern for me personally. Sev- important thread through the United terrorism, narcotics trafficking, and eral ongoing investigations are exam- States efforts in our military history weapons proliferation. I am pleased to ining reasons for the failures. There is and in our history to be effective in endorse it, and I urge my colleagues on no doubt that the issue is being taken gleaning information from around the both sides of the aisle to support it as seriously and that very competent gov- world. well. ernment and industry personnel are If my colleagues read the report, it is Mr. GOSS. Mr. Speaker, might I working to identify and to resolve equally important, if not even more make an inquiry of how much time re- problems. important today, to have a cost effec- mains on both sides. b 1630 tive and efficacious intelligence com- The SPEAKER pro tempore (Mr. munity. We deal with such issues as di- LATOURETTE). The gentleman from However, because the cost of each rect cooperation with our military in Florida (Mr. GOSS) has 15 minutes re- failure can be so enormous, we must conflict. Nothing is more important maining. The gentleman from Cali- strive for the right balance of inde- than getting that information in a very fornia (Mr. DIXON) has 171⁄2 minutes re- pendent assessments. The committee timely methodology to our troops in maining. will continue to scrutinize the launch battle. Mr. GOSS. Mr. Speaker, it is my issues and exercise its oversight duties. We have in this report international privilege to yield 3 minutes to the dis- Depending on the results of ongoing narcotics trafficking. Very important tinguished gentleman from Delaware studies, I am considering a legislative for the security of our young people. (Mr. CASTLE), chairman of the Sub- provision mandating review by an inde- We have counterintelligence and anti- committee on Technical and Tactical pendent panel. terrorism efforts. Very important for Intelligence, the former governor of In our hearings on support for the the security of our country. Anti-pro- Delaware, who is going to tell us about military, a predominant theme was the liferation of nuclear weapons, where we that subcommittee. continued imbalance between collec- work very closely with the intelligence Mr. CASTLE. Mr. Speaker, I thank tion and other intelligence assets. For community. And a fourth area, cyber the distinguished gentleman from Flor- years, the committee has stressed the warfare, where other countries can ei- ida, the chairman of the Permanent Se- need for better planning and financing ther organize or hack into our defense lect Committee on Intelligence, for of intelligence processing, analysis and capabilities or our business capabili- yielding to me, and I thank him for the dissemination. This year we are insist- ties, something that we need to look at tremendous work that he does for this ing that our future imagery satellite in even more important and focused country, something that is probably capabilities be at least roughly bal- ways. So for these reasons I think it is not recognized by many people any anced with ground capabilities. even more important for the intel- place in the country other than people Signals intelligence has also suffered ligence community to be more effec- in the intelligence community because from gaps in what we call ‘‘end to end’’ tive in what they do. of the closed nature of what we do. capability, as well as from enormous The 1996 report on the Roles and Ca- The gentleman from California (Mr. leaps in target technology. For several pability of the Intelligence Commu- DIXON) also is a superb individual in years, the committee has insisted that nity, Preparing for the 21st Century,

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.150 pfrm02 PsN: H09PT1 H11760 CONGRESSIONAL RECORD — HOUSE November 9, 1999 issued by Harold Brown and Warren rushed through this House without any and our distinguished ranking member, Rudman, pointed out four areas that hearings and without any committee the gentleman from California (Mr. we need to improve in, and I strongly review. This title alone richly merits DIXON), for their leadership. We were encourage the intelligence community, the defeat of the entire conference re- able to agree that the report be pro- with the help of our chairman and our port, and I will urge my colleagues to duced in no later than 270 days after ranking member and our bipartisan vote against the report because of this enactment and not a year from now, as work, to get better in their cost effec- title. some would have preferred. I commend tiveness. We had a terrible mistake in Mr. GOSS. Mr. Speaker, may I in- the gentlemen for including this in the the bombing in Kosovo of the Chinese quire about the remaining balances of legislation. embassy. That is not an issue of time for both sides? Mr. DIXON. Mr. Speaker, I yield 2 money, that is an issue of doing the The SPEAKER pro tempore (Mr. minutes to the gentleman from New basic job of mapping. LATOURETTE). The gentleman from York (Mr. HINCHEY). Secondly, the coordination between Florida (Mr. GOSS) has 111⁄2 minutes re- Mr. HINCHEY. Mr. Speaker, I also the intelligence agencies. We need inte- maining, and the gentleman from Cali- want to commend the gentleman from grated capabilities. fornia (Mr. DIXON) has 121⁄2 minutes re- Florida (Mr. GOSS), the ranking mem- Thirdly, we need to improve the ca- maining. ber, the gentleman from California pabilities of the intelligence estimates. Mr. DIXON. Mr. Speaker, I yield 2 (Mr. DIXON), and also my good friend, They were not particularly accurate in minutes to the gentlewoman from Cali- the gentlewoman from California (Ms. making and measuring the breakup of fornia (Ms. PELOSI). PELOSI), for their hard work in forging the former Soviet Union. Ms. PELOSI. Mr. Speaker, I thank this legislation. And, fourthly, making sure we have a the gentleman for yielding me this The conference report includes my balance between the human intel- time and for his leadership, as well as amendment, which was adopted by the ligence and the satellite intelligence. for the leadership of our distinguished House on a voice vote back in May, re- Both are very important for our na- chairman, the gentleman from Florida quiring the CIA to report to Congress tional security. I hope we can balance (Mr. GOSS). on its activities in Chile during the these efforts in the coming year and One of the provisions of the Intel- early 1970s. It is time that the Central have a budget that reflects cost effec- ligence Authorization Act for Fiscal Intelligence Agency accounted for its tiveness. Year 2000 which I have been most inter- role in the military coup that toppled Mr. DIXON. Mr. Speaker, I yield 3 ested in is an amendment offered by the democratically elected government minutes to the gentleman from New the gentleman from New York (Mr. of Salvador Allende and led to his York (Mr. NADLER). HINCHEY) during floor consideration of death. The American people need to Mr. NADLER. Mr. Speaker, it has this bill. The Hinchey amendment re- know how our government supported been said that truth is the first cas- quired the Director of Central Intel- the rise of Augusto Pinochet, a ruth- ualty in war. It is also true that con- ligence to produce a report on the ac- less dictator who systematically mur- stitutional liberty can be a casualty of tivities of the officers, covert agents, dered and tortured his enemies. war. Certainly when it comes to the so- and employees of the intelligence com- General Pinochet has been under called war on drugs, we are very casual house arrest in London for the past munity with respect to the Pinochet about sacrificing our liberties. year awaiting trial in Spain for his regime in Chile. Title VIII of this bill, the Foreign crimes against humanity. The British Narcotics Kingpin Designation Act, The Hinchey amendment was somewhat controversial. It was very con- courts recently upheld the Spanish empowers the President to designate judge’s petition to extradite him. troversial in fact. It was argued that people as ‘‘significant foreign narcotics Last year, the National Security the search for documents related to traffickers.’’ Once designated, all prop- Agency directed the CIA and other gov- erty in the United States of such a per- human rights violations in Chile di- ernment departments and agencies to son is seized. Any American who does rected by the National Security Coun- disclose relevant information regard- any business with him can be jailed for cil was sufficient and nothing further ing Pinochet’s military coup and subse- 10 years and fined $10 million. All this was needed. The issue of cost was also quent crimes against humanity. The without any criteria for such designa- raised, as was the question of how CIA has not yet complied with this tion in the bill. All this without any much time should be allotted for the order and has released only a handful evidence being necessary. No notice, no DCI to produce an adequate report on of documents to this date. My amend- hearing, no opportunity to be heard, no the subject. ment will ensure that the CIA releases protection for the innocent, and no ju- Others of us argued that a report was these documents and accounts for its dicial review. needed on U.S. intelligence activities activities during this dark period in Even the Anti-terrorism Act of 1996 in Chile with respect to the assassina- Chile’s history. allows a group designated by the per- tion of President Allende, the accession Mr. Speaker, I appreciate the willing- son as a foreign terrorist organization of General Pinochet, and the violations ness of the gentleman from Florida the right to challenge the designation of human rights committed by officers (Mr. GOSS) to work with me on this in court. But not this bill. No judicial and agents of Pinochet. Indeed, such a issue, and I thank him very much for review. The President is given the pow- report is long overdue. that. I also thank our ranking member, ers of a pre-Magna Carta King of Eng- An authoritative report from the DCI the gentleman from California (Mr. land to accuse and find guilty with no submitted to the Permanent Select DIXON), and also the gentlewoman from due process, no process at all, and no Committee on Intelligence and the California (Ms. PELOSI) for their strong appeal. Committee on Appropriations on the and effective advocacy on behalf of my In 1951, the Supreme Court, in the role of the CIA and other elements of amendment. I know full well that our case of Joint Anti-Fascist Committee the intelligence community will put success would not have been possible vs. McGrath, said that the Fifth into context the information that is had it not been for their diligence, at- Amendment due process clause barred now being reviewed, declassified, and tention and good work. the government from condemning or- released under the direction of the Na- Mr. GOSS. Mr. Speaker, I yield 3 ganizations as Communists without tional Security Council. I believe this minutes to the gentleman from Nevada giving them notice and opportunity to report should make clear exactly what, (Mr. GIBBONS), a decorated colleague be heard in their own defense. This if anything, the CIA was doing in con- and member of our committee from title gives no notice, no opportunity to cert with General Pinochet and his somewhere west of the Mississippi, who be heard, and no appeal. It is clearly supporters before and during the has been invaluable in advising me on unconstitutional and grossly subver- Pinochet regime. military equipment, Air Force needs, sive of the liberty for which this coun- Mr. Speaker, I would have preferred and other needs of that ilk, and who try stands and which we are sworn to to have had a report produced within 4 adds a great deal of value to the com- uphold. or 6 months of enactment of this bill, mittee. It is a travesty that this very impor- but I am grateful to the chairman, the Mr. GIBBONS. Mr. Speaker, I rise in tant and very dangerous title was gentleman from Florida (Mr. GOSS), strong support of the conference report

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.152 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11761 for the intelligence authorization bill, Mr. GOSS. Mr. Speaker, I yield my- ation and I think a reasonable result and I want to thank my friend from self such time as I may consume. out of this. Florida, somewhere east of the Mis- Mr. Speaker, I want to thank the The gentleman from New York (Mr. sissippi, and the chairman of the com- gentleman from California (Mr. DIXON) NADLER) has expressed concern about mittee for yielding me this time. very much for his hard work and close our title XIII. I would point out that This past year, Mr. Speaker, has been teamwork and the great spirit of bipar- our title XIII, as the gentleman from a challenging one for the intelligence tisanship and concern for our country California (Mr. DIXON) just pointed out, community, particularly in the area of and its national security that he brings basically is the same as what this support for our military operations. himself and his members and, in fact, House has passed recently on a vote of The United States launched a heavy 4- all our members to the committee. 385–26. The language is virtually the day offensive against Iraq in the late I am exceedingly proud of our com- same. But in an abundance of caution time frame of December 1998 and mittee. I am very proud of the member- and fair play and deliberation to make fought a war over Kosovo and Serbia ship. The value added of each and every sure that we have got it right, we have earlier this year, all this while our pi- Member brings to the committee a gone forward with the idea of a panel lots are enforcing the no-fly zones over wide variety of view and opinion across to review the situation just to be extra Iraq. Meanwhile, crises or potential the country of the gentleman from Ne- sure because these are important crises in other parts of the world, like vada (Mr. GIBBONS), who just spoke rights we are talking about. the Taiwan Strait, Korea, Indonesia, who represents vast areas of country- I think it is that kind of fair play and India and Pakistan, and the Caucasus side, and others who represent more that kind of reasonableness in dealing keep our military on a high state of concentrated, consolidated urban with legitimate concerns that this alert. areas. committee needs to be attentive to, Ten years today after the fall of the We have what I think is a very bal- and I think we have passed that test. I Berlin Wall I think it is safe to say, anced perspective of the United States stand forth here today to ask every Mr. Speaker, that the post-Cold War of America and its national security Member of this House to proudly sup- honeymoon is over. With the men and needs. But behind as good a member- port this piece of legislation. I believe women of our armed forces deployed ship team as that, I would say we have it is worthy of their vote. across the world, it is especially impor- the finest professional staff on the Hill. Ms. WATERS. Mr. Speaker, I have deep tant that we meet the pressing need for I would measure them against any concerns about the amount and use of the intelligence, surveillance and recon- other professional staff. I take great funds authorized by H.R. 1555, the Intel- naissance, or ISR, to support their mis- pride in them. And again, I do not ligence Authorization bill for fiscal year 2000. sions and provide for their protection. make distinctions about party affili- However, I am especially gratified that the For several years, members of the ination. Conference Committee included Section 313, telligence community have recognized Mr. Millis, our chief of staff, does an ``Reaffirmation of Longstanding Prohibition that American ISR resources and per- excellent job, as does Mike Shehy. Against-Drug Trafficking by Employees of the sonnel are stretched thin, and we have Both of them I treat as co-equals in Intelligence Community,'' in the conference re- searched for ways to address these running the affairs of the committee. port. shortfalls. This year, airborne ISR was Pat Murray, our general counsel. We Section 313 clearly states that the employ- one of the committee’s very top prior- have had an expression today of sym- ees of the Central Intelligence Agency (CIA) ities, and I believe this conference re- pathy that is both personal and collec- and other intelligence agencies are prohibited port reflects that. Mr. Speaker, while tive from all of us to our budget from participating in drug trafficking activities. we have not solved all the ISR prob- cruncher, Tim Sample. But for all Drug trafficking is clearly defined to include lems, this bill takes concrete steps to- those names I just mentioned, there the manufacture, purchase, sale, transport or ward providing the accurate, timely in- are other members of the committee distribution of illegal drugs. Section 313 also telligence and warnings necessary to that have equally pulled the oars just requires CIA employees to report known or save American lives and win the bat- as well in their own area of expertise suspected drug trafficking activities to the ap- tles on the ground and in the air. and deserve to be recognized and propriate authorities. Section 313 is based on thanked by all of America for the work an amendment that I offered during floor con- b 1645 they do. sideration of H.R. 1555. The House adopted Mr. Speaker, I urge my colleagues to I think that the points that needed to my amendment by voice vote on May 13, support this conference report. come out other than the basic themes 1999. Mr. DIXON. Mr. Speaker, I yield my- that we have made clear in this author- Most Americans would assume that the CIA self such time as I may consume. ization process, which I point out are would never traffic in illegal drugs and would Mr. Speaker, I again want to urge exactly in line with the appropriations take all necessary actions to prosecute known adoption of this report. I think it is a process, and have gone through a very drug traffickers. History, however, has proven fine work product. The gentleman from arduous conference process with our that this is not the case. New York (Mr. NADLER) raises an issue colleagues in the other body, we have For 13 years, the CIA and the Department of due process. It is my feeling, Mr. covered the ground that we needed to of Justice followed a Memorandum of Under- Speaker, although there is some con- cover; and I think we covered it very standing that explicitly exempted the CIA from troversy, that there is nothing in this well. requirements to report drug trafficking by CIA bill that abrogates existing rights of We certainly have taken into consid- assets, agents, and contractors to federal law U.S. persons to address their grievance eration what our other colleagues who enforcement agencies. This allowed some of either through the Administrative Pro- are not on the committee have brought the biggest drug lords in the world to operate cedure Act or ultimately in a Federal forward during this long, deliberative without fear that their activities would be re- district court. process this year since the authoriza- ported to the Drug Enforcement Agency (DEA) But just in case there is a question tion bill began, as we have heard in or any other law enforcement authorities. This on that, and there is, we have provided some of the testimonies from the gen- remarkableÐand secretÐagreement was in in this conference report a commission tleman from New York (Mr. HINCHEY). force from February 1982 until August of to examine that issue. As I indicated in And there are many other Members 1995. my opening comments, I hope the com- who have brought matters forward, I For the past three years, I have been inves- mission would act expeditiously on this think the gentleman from New York tigating the allegations of drug trafficking by matter. I think that is sufficient to (Mr. SWEENEY), the gentlewoman from the Nicaraguan Contras during the 1980's. My cover that issue. California (Ms. WATERS), and the gen- investigation has led me to the conclusion that Once again, I would like to thank the tleman from Georgia (Mr. BARR). Sev- U.S. intelligence agencies knew about drug chairman of the committee for his co- eral come to mind. trafficking by the Contras in South Central Los operation and all the members of the We have tried to accommodate in Angeles and throughout the United States and committee for their efforts. every way their concerns. We may not chose to continue to support the Contras with- Mr. Speaker, I yield back the balance have done it in exactly the way they out taking any action to stop the drug traf- of my time. asked, but they have gotten consider- ficking.

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.187 pfrm02 PsN: H09PT1 H11762 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Even more remarkable is the fact that there GENERAL LEAVE Latham Owens Skelton LaTourette Oxley Smith (MI) is evidence that the CIA has actually partici- Mr. GOSS. Mr. Speaker, I ask unani- Lazio Packard Smith (NJ) pated in drug trafficking activities. In the late mous consent that all Members may Leach Pallone Smith (WA) 1980's, the CIA began to develop intelligence have 5 legislative days within which to Lewis (CA) Pastor Snyder on the Colombian drug cartels. To infiltrate the Lewis (GA) Pease Souder revise and extend their remarks and to Lewis (KY) Pelosi Spence cartels, the CIA arranged an undercover drug- include extraneous material on H.R. Linder Peterson (MN) Spratt smuggling operation with the Venezuelan Na- 1555. Lipinski Peterson (PA) Stabenow tional Guard. More than one and one-half tons LoBiondo Petri Stearns The SPEAKER pro tempore. Is there Lofgren Pickering Stenholm of cocaine were smuggled from Colombia into objection to the request of the gen- Lucas (KY) Pickett Strickland Venezuela and then stored at a CIA-financed tleman from Florida? Lucas (OK) Pitts Stump Counternarcotics Intelligence Center in Ven- There was no objection. Maloney (CT) Pombo Sununu ezuela. Maloney (NY) Pomeroy Sweeney f Manzullo Porter Talent In certain circumstances, the DEA arranges Markey Portman Tancredo ``controlled shipments'' of illegal drugs, in Martinez Price (NC) Tanner ELECTRONIC SIGNATURES IN Mascara Pryce (OH) Tauscher which the drugs are allowed to enter the GLOBAL AND NATIONAL COM- United States and then tracked to their des- McCarthy (MO) Quinn Tauzin MERCE ACT McCarthy (NY) Radanovich Taylor (NC) tination and seized. However, in this case, the McCollum Ramstad Terry CIA was more interested in keeping the drug The SPEAKER pro tempore. The McCrery Rangel Thomas lords happy than confiscating the drugs and pending business is the vote on passage McDermott Regula Thompson (CA) of the bill, H.R. 1714, on which a re- McGovern Reyes Thompson (MS) prosecuting the traffickers. The CIA asked the McHugh Reynolds Thornberry DEA for permission to ``let the dope walk,'' corded vote was ordered. McInnis Riley Thune that is allow the drugs to be sold on our na- The Clerk read the title of the bill. McIntosh Rodriguez Thurman The SPEAKER pro tempore. The McIntyre Roemer Tiahrt tion's streets. The DEA refused, but the CIA McKeon Rogan Toomey ushered the drugs into the United States any- question is on passage of the bill. McNulty Rogers Towns way. The vote was taken by electronic de- Meehan Rohrabacher Traficant On November 19, 1990, a shipment of 800 vice, and there were—ayes 356, noes 66, Meek (FL) Ros-Lehtinen Turner not voting 11, as follows: Metcalf Roukema Udall (CO) pounds of cocaine was seized by the U.S. Mica Royce Udall (NM) Customs Service at the Miami International [Roll No. 579] Millender- Rush Upton Airport. Customs traced the cocaine back to AYES—356 McDonald Ryan (WI) Velazquez the Venezuelan National Guard and the CIA. Miller (FL) Ryun (KS) Vitter Abercrombie Collins Goss Miller, Gary Salmon Walden Unfortunately, we may never know precisely Aderholt Combest Graham Miller, George Sanchez Walsh how much cocaine entered the United States Allen Condit Granger Minge Sandlin Wamp through the CIA's pipeline or how much even- Andrews Cook Green (TX) Moakley Sanford Watkins Archer Cooksey Green (WI) Mollohan Sawyer Watts (OK) tually reached our nation's streets. No one at Armey Cox Greenwood Moore Saxton Weldon (FL) the CIA was ever charged. Bachus Coyne Gutierrez Moran (KS) Schaffer Weldon (PA) The inclusion of Section 313 in H.R. 1555 Baird Cramer Gutknecht Moran (VA) Sensenbrenner Weller Baker Crane Hall (OH) sends a clear message to our nation's intel- Morella Sessions Weygand Baldacci Crowley Hall (TX) Murtha Shadegg Whitfield ligence community: intelligence employees, Ballenger Cubin Hansen Myrick Shaw Wicker agents and assets are not above the law. The Barcia Cummings Hastings (FL) Napolitano Shays Wilson CIA should be working to stop the harmful Barr Cunningham Hastings (WA) Neal Sherman Wise Barrett (NE) Danner Hayes Nethercutt Sherwood Wolf trafficking in illegal drugs that is destroying our Bartlett Davis (FL) Hayworth Ney Shimkus Wu communities. It should not be assisting the Barton Davis (VA) Hefley Northup Shows Wynn drug traffickers. Bass DeGette Herger Norwood Shuster Young (AK) Bateman DeLauro Hill (IN) I appreciate the support of my colleagues Nussle Simpson Young (FL) Becerra DeLay Hill (MT) Ortiz Sisisky on this important issue and I especially appre- Bentsen DeMint Hilleary Ose Skeen ciate the willingness of the conferees to in- Bereuter Deutsch Hilliard Berkley Diaz-Balart Hinojosa NOES—66 clude Section 313 in the conference report for Berry Dicks Hobson H.R. 1555. Biggert Doggett Hoekstra Ackerman Jackson (IL) Phelps Despite the inclusion of Section 313, I am Bilbray Dooley Holden Baldwin Jones (OH) Rahall deeply concerned about the amount and use Bilirakis Doolittle Holt Barrett (WI) Kanjorski Rivers Bishop Doyle Hooley Berman Kildee Rothman of the funds authorized by H.R. 1555. The Bliley Dreier Horn Blagojevich Kilpatrick Roybal-Allard United States government spends tremendous Blumenauer Duncan Hostettler Bonior Klink Sabo amounts of money on covert activities, espio- Blunt Dunn Houghton Brady (PA) Kucinich Sanders nage and other intelligence activities with little Boehlert Ehlers Hoyer Brown (OH) LaFalce Schakowsky Boehner Ehrlich Hulshof Chenoweth-Hage Lee Scott congressional oversight and without the knowl- Bonilla Emerson Hunter Conyers Levin Serrano edge or support of the American people. Bono English Hutchinson Costello Lowey Slaughter Spending on intelligence activities should be Borski Eshoo Hyde Davis (IL) Luther Stark Boswell Etheridge Inslee DeFazio McKinney Stupak decreased considerably and congressional Boucher Everett Isakson Delahunt Meeks (NY) Taylor (MS) oversight over intelligence agencies must be Boyd Ewing Istook Dingell Menendez Tierney improved. Furthermore, I cannot in good con- Brady (TX) Farr Jackson-Lee Dixon Mink Vento science support an intelligence authorization Brown (FL) Fletcher (TX) Engel Nadler Visclosky Bryant Foley Jefferson Evans Oberstar Waters bill as long as the total amount of funds spent Burr Forbes Jenkins Fattah Obey Watt (NC) on intelligence activities remains classified and Burton Ford John Filner Olver Waxman unknown to the people we are elected to rep- Buyer Fossella Johnson (CT) Hinchey Paul Weiner Callahan Fowler Johnson, E. B. Hoeffel Payne Woolsey resent. Calvert Frank (MA) Johnson, Sam I therefore must urge my colleagues to op- Camp Franks (NJ) Jones (NC) NOT VOTING—11 Campbell Frelinghuysen Kaptur pose H.R. 1555. Coburn Gephardt Scarborough Canady Frost Kasich Mr. GOSS. Mr. Speaker, I yield back Deal Largent Smith (TX) Cannon Gallegly Kelly Dickey Matsui Wexler the balance of my time, and I move the Capps Ganske Kennedy Edwards Pascrell previous question on the conference re- Capuano Gejdenson Kind (WI) port. Cardin Gekas King (NY) The previous question was ordered. Carson Gibbons Kingston b 1720 Castle Gilchrest Kleczka The SPEAKER pro tempore (Mr. Chabot Gillmor Knollenberg LATOURETTE). The question is on the Chambliss Gilman Kolbe Messrs. PAYNE, BROWN of Ohio, conference report. Clay Gonzalez Kuykendall BARRETT of Wisconsin, SERRANO, The conference report was agreed to. Clayton Goode LaHood LEVIN, WAXMAN, and Ms. KIL- Clement Goodlatte Lampson A motion to reconsider was laid on Clyburn Goodling Lantos PATRICK changed their vote from the table. Coble Gordon Larson ‘‘aye’’ to ‘‘no.’’

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.117 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11763 Messrs. BILIRAKIS, GEORGE MIL- Whereas freedom’s victory in the Cold War Mr. Speaker, I ask unanimous con- LER of California, and WYNN changed against Soviet Communism is the crowning sent that the gentleman from Cali- their vote from ‘‘no’’ to ‘‘aye.’’ achievement of the free world’s long 20th fornia (Mr. COX) be entitled to control So the bill was passed. century struggle against totalitarianism; the balance of my time. and The result of the vote was announced Whereas it is highly appropriate to remind The SPEAKER pro tempore. Is there as above recorded. Americans, particularly those in their for- objection to the request of the gen- A motion to reconsider was laid on mal educational years, that America paid tleman from New York? the table. the price and bore the burden to ensure the There was no objection. f survival of liberty on this planet: Now, Mr. GILMAN. Mr. Speaker, I reserve therefore, be it the balance of my time. FURTHER MESSAGE FROM THE Resolved by the House of Representatives (the Mr. LANTOS. Mr. Speaker, I yield SENATE Senate concurring), That it is the sense of the myself such time as I might consume. Congress that— I want to commend my friend and A further message from the Senate (1) a Freedom Day should be celebrated by Mr. Lundegran, one of its clerks, an- each year in the United States; and colleague, the gentleman from the New nounced that the Senate had passed (2) the United States should join with York (Mr. GILMAN) and my friend and with amendments in which the concur- other nations, specifically including those colleague, the gentleman from Cali- rence of the House is requested, a bill which liberated themselves to help end the fornia (Mr. COX), for bringing this of the House of the following title: Cold War, to establish a global holiday called measure before the House. Of course, I Freedom Day. rise in strong support of this resolu- H.R. 2454. An act to assure the long-term The SPEAKER pro tempore. Pursu- conservation of mid-continent light geese tion. and the biological diversity of the ecosystem ant to the rule, the gentleman from Mr. Speaker, some of us lived upon which many North American migratory New York (Mr. GILMAN) and the gen- through this period from the establish- birds depend, by directing the Secretary of tleman from California (Mr. LANTOS) ment of the Berlin Wall to its collapse, the Interior to implement rules to reduce the each will control 20 minutes. and these two bookends, in a sense, overabundant population of mid-continent The Chair recognizes the gentleman cover basically the period of the Cold light geese. from New York (Mr. GILMAN). War. f Mr. GILMAN. Mr. Speaker, I yield I think it is instructive to begin our myself such time as I may consume. discussion of this issue by recognizing PERSONAL EXPLANATION (Mr. GILMAN asked and was given that the Berlin Wall is probably the Ms. JACKSON-LEE of Texas. Mr. permission to revise and extend his re- only wall ever built in history not to Speaker, on rollcall No. 578, I was un- marks.) keep the enemy out, but to see to it Mr. GILMAN. Mr. Speaker, I am avoidably detained because of a cele- that the people behind the wall do not pleased to be associated with this wor- bration honoring the Little Rock Nine escape. The collapse of the Wall sym- thy initiative, H. Con. Res. 223 by the sponsored by the gentleman from Mis- bolized the collapse of the Soviet em- gentleman from California (Mr. COX) sissippi (Mr. THOMPSON). If I had been pire, and it indicated the end of the and the gentleman from California (Mr. here, I would have voted ‘‘aye’’ for the Third World War, which the West won LANTOS), which recognizes this impor- substitute Dingell amendment. without firing a single shot. tant 10th anniversary of the fall of the What is most remarkable about our f Berlin Wall. The Berlin landmark was the most victory, Mr. Speaker, is that it was a ANNOUNCEMENT BY THE SPEAKER fully bipartisan victory. It began with PRO TEMPORE infamous symbol of the Cold War in Europe. It ran like a scar across one of the farsighted visionary and pragmatic The SPEAKER pro tempore (Mr. Europe’s grandest cities that had en- measures of a Democratic President, LATOURETTE). Pursuant to clause 8 of joyed a reputation for openness, for Harry Truman; and it concluded during rule XX, the Chair announces that he cultural innovation and flair. Trag- the powerful leadership of President will postpone further proceedings ically, that wall carved Berlin into two Ronald Reagan who did, in fact, call to today on each further motion to sus- separate cities, its western half, a bea- have the Wall removed. And from Tru- pend the rules on which a recorded vote con of hope and freedom; its eastern man to Reagan, this remarkable era or the yeas and nays are ordered, or on half, a gray manifestation of Com- represented one of the most impressive which the vote is objected to under munist tyranny. bipartisan periods of foreign policy in clause 6 of rule XX. It is important that we recall the the history of the United States. Any record votes on postponed ques- reasons that the regime of East Ger- But it was not only our victory. It tions will be taken after debate is con- many finally felt compelled to erect was the victory of our allies across Eu- cluded on other motions to suspend the that wall, not to keep people out of the rope who joined together in NATO, the rules. Communist ‘‘paradise,’’ but to keep most impressive defensive military al- f people in, to prevent them voting with liance the world had ever seen, to re- their feet. Tragically, too many people sist Soviet and Communist expansion, SENSE OF CONGRESS REGARDING died when they refused to let the wall and it was the victory of the countless FREEDOM DAY impede them in their quest for free- heroes behind the Iron Curtain who Mr. GILMAN. Mr. Speaker, I move to dom. gave their lives so that others might suspend the rules and agree to the con- Ten years ago today, the Wall fell. live in freedom and democracy. current resolution (H. Con. Res. 223) ex- The weight of the Communist system Usually, suspension bills can be eas- pressing the sense of the Congress re- became too much for it to sustain. At ily handled with 40 minutes of discus- garding Freedom Day. that moment, the wisdom of President sion and debate. This topic would re- The Clerk read as follows: Ronald Reagan, when he appealed two quire 40 hours to begin to pay proper H. CON. RES. 223 years earlier to Gorbachev to ‘‘tear tribute to the countless men and women in this country and abroad who Whereas on November 9, 1989, the Berlin down this wall’’ and other leaders of Wall was torn down by those whom it had the West, that led to the collapse of fought for the cause of freedom and imprisoned; Communism in Europe was ratified. whom we honor by establishing a day Whereas the fall of the Berlin Wall has be- It is hoped that our government will of freedom, a global holiday on Novem- come the preeminent symbol of the end of enlist all of the nations that benefited ber 9. the Cold War; from Communism’s demise to establish Let me just single out a few people Whereas the Cold War, at its essence, was this date as Freedom Day. We owe that who deserve special recognition. I sug- a struggle for human freedom; to the thousands of men and women in gest, Mr. Speaker, that the Berlin Wall Whereas the end of the Cold War was would still stand, the Soviet Union brought about in large measure by the dedi- this Nation and in other nations who cation, sacrifice, and discipline of Americans sacrificed everything to make freedom would still be in existence if it had not and many other peoples around the world in Europe a reality. been for the farsighted and courageous united in their opposition to Soviet Accordingly, Mr. Speaker, I urge my leadership of Mr. Gorbachev in recog- Communism; colleagues to support this measure. nizing that the Soviet Union had lost

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.159 pfrm02 PsN: H09PT1 H11764 CONGRESSIONAL RECORD — HOUSE November 9, 1999 the Cold War, that to continue the sup- more importantly, in greater part. So metaphor, and actually stepped pression of tens of millions of people by that by remembering, we will always through a hole in the Berlin Wall. military force was doomed to defeat be free. In 1977, more than a decade earlier, and was counterproductive. He de- It was, as the preceding speakers the former Governor of California, serves full credit along with the others have pointed out, 10 years ago to the later to become the President of the I mentioned and countless others day that the Berlin Wall was taken United States, talked to a man who whom we do not have time to discuss down. It did not fall, it was taken down would one day become his national se- this afternoon. But without Mikail by the people imprisoned behind it, curity adviser, and it was Ronald Gorbachev’s recognition that Russia with the help of people around the Reagan conversing with Richard Allen. and the Soviet Union must move along world. He told Richard Allen, history different lines, we would not be here In this Chamber, as I have pointed records, ‘‘My idea of American policy celebrating Freedom Day, November 9. out on many occasions to visitors to toward the Soviet Union is simple. It is the Capitol from California and else- this: We win and they lose.’’ That ap- b 1730 where, we have only two paintings. proach, begun by Harry Truman, car- We need to pay tribute to the free- They have been part of the furnishings ried throughout the rest of the 20th dom fighters in Hungary in 1956, who, of the House Chamber for some time. century until the collapse of the Berlin against overwhelming odds, dem- One of them is an American, the fa- Wall in 1989, at the conclusion of the onstrated their commitment to free- ther of our country, George Wash- Reagan presidency and the beginning dom. We are here to pay tribute to the ington. The other is a foreigner, a of the Bush administration, was a visi- people who led the Prague Spring of Frenchman, the Marquis de Lafayette, ble, tangible symbol and representa- 1968, when for the first time there was who serves, I believe, as a reminder to tion of American resolve to win that a determined effort to put an end to us that our democracy would not be fight, and it was a war. Communist dictatorship in the Czecho- here without foreign assistance. When President Reagan took office, slovak Republic. The people of Central Europe and the the Soviet Union had already invaded We are here to pay tribute to indi- people of Russia and the former captive Afghanistan, the communists had de- vidual men and women throughout the nations waged their own struggle clared martial law in Poland, and the countries behind the Iron Curtain who, against Soviet communism, but they United States responded with strength. with their dedication and devotion to would not be free today without help We imposed sanctions on the regime in freedom, have made this day possible. from others, including, in major part, Poland, and indeed, on the entire War- We are here to pay tribute to the dis- the people of the United States of saw Pact and Russia, cutting back on sidents and refusniks in the Soviet America. technology, never granting them most- Union who, under unbearably impos- We will never know how many people favored-nation trade status. sible conditions, persevered in their perished behind the Iron Curtain, but In 1983, NATO showed its solidarity, dedication to democratic principles. estimates are 70 million souls lost their showed that it would not be divided by From the walled cities of Europe to lives to communism. The Berlin Wall, Soviet designs, when, against massive the Great Wall of China, walls have al- which was a 13-foot high structure of popular protests in the United King- ways kept the enemy out. The Berlin concrete and tangled barbed wire, dom and in Germany, Prime Minister Wall, and we celebrate its collapse 10 stretched for 103 miles and symbolized Thatcher and Chancellor Helmut Kohl years ago today, the Berlin Wall was the difference between freedom and to- agreed to accept the deployment of in- built to keep people in, to prevent talitarianism, the difference between termediate range missiles on their ter- them from escaping. democracy and free enterprise that we ritory deployed by the United States. We have succeeded in making Europe enjoyed on our side of the Berlin Wall, Three years later at Iceland, at Rey- whole, free, democratic, and at peace. and communism, Soviet-style, East kjavik, when I was working for Presi- While the task is certainly not com- German style, that people were re- dent Reagan in the White House, Presi- pleted, as the events in Yugoslavia in quired to live under on the other side. dent Reagan told his counterpart, Mr. the last few years so clearly dem- Mr. Speaker, this 13-foot high 103- Gorbachev, that the strategic defense onstrate, we have come a long way in mile wall topped with barbed wire sym- initiative, the right and the obligation creating a stable and peaceful Europe, bolized the great abiding differences of the West to defend itself, would not prepared to meet the challenges of the between the two chief systems of the be set aside. There would not be an 21st century. world, communism and its antonym, arms control agreement that would In paying tribute to Republican lead- freedom. The Berlin Wall was called by have the direct consequence of permit- ers and Democratic leaders, as well Germans ‘‘the wall of shame,’’ and in- ting the Soviet military comfort and known as presidents and as unknown as deed, 77 Germans lost their lives trying continued life. ordinary people, who believed that peo- to get out. They were murdered trying That same year President Reagan ple on both sides of the Iron Curtain to make their way to the light of free- agreed to provide shoulder-fired Sting- were yearning to live in freedom and dom in the West. er missiles to the rebels in Afghani- dignity and peace, we are paying trib- There are many red letter dates in stan, fighting the Red Army. It was ute to the finest traditions of western the history of the Cold War that in vic- thought at the time that no one could civilization. tory was symbolized by the fall of the defeat the Red Army, but just a few Mr. Speaker, I reserve the balance of Berlin Wall. In 1948, Harry Truman or- years later that is exactly what hap- my time. dered the Berlin Airlift, ensuring that pened, and another big chunk of the Mr. COX. Mr. Speaker, I yield myself the people of West Berlin would resist Soviet empire fell apart. such time as I may consume. the Stalinist siege. In 1991, 2 years When one recounts the popular move- Mr. Speaker, I thank my colleague, after the collapse of the Berlin Wall, ments and the life-threatening risks the gentleman from California (Mr. the Soviet Union collapsed. that were taken in order to defeat So- LANTOS). There is another red letter date in viet communism, one recalls Charter 77 Mr. Speaker, it is very important this history. It is the future date when in Czechoslavakia and the leadership of that Congress take time, as we are the last Communist tyrants in Beijing, such men and women as Vaclav Havel. doing just now, to recognize what is Hanoi, Pyongyang, Belgrade, and Ha- We remember the Solidarity movement truly important and transcendent and vana are off the world’s stage. But that in Poland, and the leadership of such what, on the other hand, is perhaps ur- fight remains for us today. extraordinary people as Lech Walesa. gent, perhaps requiring us to devote The most memorable date of all that We remember people like Vytautas our time because it is our work-a-day we commemorate now is that date ex- Landsbergis and the Sajudis movement business here, but not nearly so impor- actly 10 years ago, November 9, 1989, in Lithuania. tant in the lives of American citizens when the Berlin Wall came tumbling It was my opportunity to travel to and citizens around the world as what down. I was in Berlin 10 years ago and those countries to meet with those peo- we are doing here today, remembering, watched this process of physical dis- ple; to meet, indeed, with a man who in part, and looking forward, even mantlement, and what an amazing eventually would become the President

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.162 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11765 of Hungary, Arpad Goncz. We have to communism throughout Central Eu- But this was made possible because recall that it was Hungary that accept- rope. Mikhail Gorbachev, as the gentleman ed the refugees through the Berlin Wall b 1745 from California (Mr. LANTOS) already that began to, more than anything, indicated, changed the dynamics in the strike at the very foundations of the What started out as a trickle, Soli- region by denouncing the use of force wall itself and everything that it stood darity’s victories in Poland during in order to keep communist govern- for, ultimately the collapse of the So- June of 1989, Hungary opening up its ments in power; by pursuing his poli- viet Union. border with Austria later that summer, cies of glasnost and perestroika, the We, with this House concurrent reso- led to a deluge of East Germans flood- general opening of information and lution, are working with our colleagues ing across the Berlin Wall. And a few ideas in these regions. It diminished in the other body to do more than just weeks after that, the Velvet Revolu- the fear and empowered people to have speak today on the 10th anniversary so tion in Czechoslovakia took place. And the courage to demand change. that we in this body will pay due atten- no one could predict these events and Perhaps it is the greatest magnifi- tion to an important milestone in the no one knew how to react to these cent irony that one of the most oppres- history of freedom and the advance of events. sive communist regimes in that area, freedom around the world. We are also One of my most cherished possessions Czechoslovakia, would later be led by asking our government to work with that I still keep here in Washington former poets and playwrights. Vaclav governments around the world to es- with me on my desk is this chunk of Havel, the first democratically elected tablish a freedom day that will peren- the Berlin Wall. It still has graffiti President in Czechoslovakia, was a nially recognize the victory of the free painted on it. Coincidentally, it is former playwright himself. The first world over communism in the Cold shaped like the State of Wisconsin. But democratically elected president since War, and remind us that freedom re- it is a chunk that I personally whacked Masaryk and Edvard Benes just before quires us to be ever vigilant. out of the Berlin Wall on October 3, the Second World War. There are a number of Members who 1990, during the reunification celebra- He was the founder of Charter 77, the wish to speak on this resolution. I wish tion when I was over there as a student moral blueprint for change in the area, to recognize Members not in this body traveling throughout Central Europe. and also founded the Civic Forum that who are responsible for advancing this This came at a crucial time in my gave the people in Czechoslovakia the legislation. Specifically, I would like life, Mr. Speaker. As a third year law political alternative to the communist to recognize Ben Wattenburg with the student, I was watching these histor- regime, but not before he was impris- American Enterprise Institute, a vet- ical events unfold with rapt attention oned on four separate occasions. In eran of the administrations of Presi- like the rest of the world was, but I was fact, during one of those dents Johnson, Reagan, and Bush, who feeling a little bit disillusioned, and a imprisonments he was on his deathbed, has written amply on this topic, and I little bit cynical about our own polit- literally. The communist authorities think done as much as any single indi- ical process here in this country. So I did not want a martyr on their hands, so they went to him and said, ‘‘Listen, vidual to move us to this action. decided a few months after the revolu- I would also like to point out that tion had taken place to travel through the people who give out the Obie Award the Senate majority leader strongly Central Europe to visit the European will allow you to direct your own play supports this legislation, as does Sen- capitals, live out of a backpack, sur- in New York and get proper medical attention.’’ And he said, ‘‘I just have one ator LIEBERMAN, who will be moving vive on cheese and bread during that question. If I go, will you allow me the companion in the other body. time and see firsthand these remark- Mr. Speaker, I reserve the balance of able changes taking place. back in?’’ And they could not give that my time. I met when I was traveling through assurance and so he refused. The rest, Mr. LANTOS. Mr. Speaker, I yield there the real heroes in my mind of the as we say, is now history. But in conclusion, I just want to pay myself such time as I may consume. revolutions and the changes that took a special tribute and wish a special Mr. Speaker, I cannot help but com- place. They were students such as my- happy 10-year anniversary to those stu- ment on the many things that come self about my age who had literally, on dents who really were on the front back to memory, listening to my col- the front lines of the demonstrations, lines and showed through their courage league, the gentleman from California literally looking down the barrel of that there are causes and ideals greater (Mr. COX). communist guns and facing Soviet than one’s self that are worth risking The distinguished Democratic leader, tanks, not knowing whether they were everything for. So on this day, my the gentleman from Missouri (Mr. GEP- going to succeed or whether this was thoughts and my memories go to many HARDT) and I were at the wall as it was going to turn into a massacre. They of those students who I personally had destroyed physically, and it was our knew their countries’ individual his- a chance to meet and who inspired me great pleasure to participate in the tories. 1968, Prague Spring. 1956, Hun- to get involved in public service when I physical destruction of the Berlin Wall, gary when the communist authorities did in fact crack down. And as history did return to the United States. which clearly is one of the highlights Mr. COX. Mr. Speaker, I yield such later showed during the Velvet Revolu- of my life, and I am sure that of the time as he may consume to the gen- tion, the Politburo voted 5 to 4 not to gentleman from Missouri (Mr. GEP- tleman from South Carolina (Mr. use force to bring down the demonstra- HARDT). SPENCE), chairman of the Committee Mr. Speaker, it gives me a great deal tions. One vote could have made all the on Armed Services. of pleasure to yield 4 minutes to my difference in Prague during that fall of (Mr. SPENCE asked and was given colleague and friend, the gentleman 1989. permission to revise and extend his re- from Wisconsin (Mr. KIND). Mr. Speaker, I asked many of these marks.) (Mr. KIND asked and was given per- students what they remembered most Mr. SPENCE. Mr. Speaker, it is en- mission to revise and extend his re- about those demonstrations and the tirely proper that we observe this anni- marks.) events and they said two things: How versary of the wall coming down in Mr. KIND. Mr. Speaker, I thank my terribly cold it was as they were main- Berlin and the later end of the Cold good friend, the gentleman from Cali- taining candlelight vigils all night War. I think it is appropriate too that fornia (Mr. LANTOS), one of the most long, and the fear that they felt, again we reflect on how this came about. preeminent defenders of human rights not knowing whether or not the mili- Mr. Speaker, the Cold War took up a and freedom in this body, for yielding tary was going to open fire on them. large space in our history of this coun- me this time. But perhaps the most important wall try. We faced many hardships during Mr. Speaker, I rise as a proud sup- that fell in that region to make this all this war. But the policy that made the porter of this resolution, which com- possible was not even visible. It was end of the Cold War come to an end is memorates the 10-year anniversary of the wall of fear that fell. And we can- something that we should reflect on one of the most astounding historical not overestimate the role that fear and learn a lesson from. events of the 20th century, the fall of does play in any totalitarian or author- We fought communism all over the the Berlin Wall and the collapse of itarian regime to keep them in power. world. We helped other people to fight

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.165 pfrm02 PsN: H09PT1 H11766 CONGRESSIONAL RECORD — HOUSE November 9, 1999 communism. We engaged in something making this pronouncement: ‘‘This is came back to the other side. I was to people criticized us for: An arms race. where it stops. It shall not happen be briefed by our commanding general, An arms race. The arms race was a big here,’’ meaning the democracy move- and before he could say anything to me part of the policy that allowed us to ment. I started talking and I could not stop win that war. Within weeks of his making that talking about how excited I was at A strategic defense initiative by statement, he was no longer the leader what I had just heard and witnessed. President Reagan, something we have of East Germany. He was replaced by He just said to me: ‘‘MIKE, I wish you been working on ever since that time, Egon Krenz, who decided to adopt the were with me the first day they opened played a big part in that policy and the ‘‘moderate hard line,’’ which roughly up free access through Checkpoint end of that Cold War. translated meant they were going to Charlie. They had a ceremony and ev- In essence, the communists could not try to appease the democracy move- erybody was lined up on our side and as keep up with our free market economy ment but preserve the communist sys- the people came through from East and the freedoms we have in this coun- tem. He too was quickly dispatched, Berlin, they were very polite to the try. They could not keep up, and so the and we know the rest of the story. politicians and other diplomats that war came to an end, the Cold War. Mr. Speaker, I was at The Berlin were in the line. But they saw my uni- But my concern today is that we Wall when the people were out there form and they came to me and one have not learned from that experience. with their hammers and chisels tearing after another, they told me, ‘You tell There are many lessons to be learned it down piece by piece. You can imag- your government, but particularly you from it. We have not learned from it. ine how I felt, this child of the Cold tell your soldiers, how grateful we are We have made the same mistakes we War, brought up in Green Island, New for their vigilance through the years. made after every conflict we have ever York, population 2,500, taught by the Had it not been for their vigilance, we been involved in. We have cut back too good sisters of St. Joseph who had a would not be enjoying this new free- much, and the result is that we are not monthly drill where we were required dom today.’ ’’ prepared today adequately to defend to drop to the floor, get under our Mr. Speaker, at that moment in my this country against all of the threats desks and prepare for the air raids by life I was never more proud to be an we have today with us. our totalitarian enemies. And that had American. Mr. Speaker, mark my word, we are an impact on me, Mr. Speaker. One day b 1800 living in a very dangerous world today. I would be thinking about my hopes So, to me, Mr. Speaker, it is no coin- As a matter of fact, it is more dan- and dreams and aspirations and how I cidence that Freedom Day is so close gerous than during the Cold War be- wanted to be like my father and go to Veterans’ Day. We should remember cause we still have the Cold War into public service, and the next day what happened after those events, too, threats of nuclear warfare plus now we we would have one of these drills and I namely the breakup of the Soviet have threats of weapons of mass de- was scared. It had a tremendous impact Union into individual democratic re- struction. And I might point out that on me to think that some world leader publics. I was in one of them on their we are unprepared to defend against ei- somewhere could make a decision Independence Day: Armenia. What a ther. Intercontinental ballistic mis- which would end humankind as we great thrill it was to be with them the siles and nuclear warfare and theater knew it. day after their referendum as they missile defenses against theater mis- Mr. Speaker, I am grateful that I danced and sang—(the gentleman from siles and all the weapons of mass de- have lived to see the day when my four New York spoke in Armenian), long struction. daughters and my three grandchildren live free and independent Armenia. and young people all over the world A new study is out showing that in Let us remember all that, but espe- can look forward to growing up in a the future, this country will be subject cially let us remember the soldiers who more peaceful world. to attack on American soil and Ameri- are responsible for the freedom that is As I was standing at the Berlin Wall cans will die in large numbers on enjoyed now by hundreds of millions of watching it being torn down, I knew I American soil. We have had other people around the world who had been was present for a great moment in his- places to fight in the past, and we face denied it all their lives. tory. I felt like the gentleman from this kind of a future and, Mr. Speaker, Mr. COX. Mr. Speaker, may I inquire Wisconsin (Mr. KIND). I wanted some if we do not return to the Reagan pol- how much time is remaining. icy of peace through strength, we will commemoration of that. I noticed as The SPEAKER pro tempore (Mr. not be able to face this kind of a threat people were chipping away at the wall LATOURETTE). The gentleman from in the future. and the pieces were falling they would California (Mr. COX) has 4 minutes re- Mr. LANTOS. Mr. Speaker, I yield 5 catch them and put them in their pock- maining, and the gentleman from Cali- minutes to the gentleman from New ets as little mementos. And I said to fornia (Mr. LANTOS) has 1 minute re- York (Mr. MCNULTY), my friend and myself, I think I would like to do that. maining. colleague. He has been an indefatigable Already, capitalism being in evidence, Mr. COX. Mr. Speaker, we have only fighter on behalf of freedom during his there were vendors out there selling four speakers remaining. I ask unani- service in this body. pieces of the Berlin Wall. Ever the mous consent that each side be given 2 Mr. McNULTY. Mr. Speaker, I thank skeptic, I said ‘‘how do I know that additional minutes. the gentleman from California (Mr. those pieces came off the wall?’’ So I The SPEAKER pro tempore. Is there LANTOS) for yielding me this time, and looked around and capitalism being objection to the request of the gen- I thank both of my friends from Cali- further in evidence, there was a guy tleman from California? fornia for bringing this resolution to walking back and forth with hammers There was no objection. the floor. I strongly support it. and chisels renting them out. So I went Mr. COX. Mr. Speaker, I yield 11⁄2 Mr. Speaker, 1989 was a wondrous over with my military escort who minutes to the gentleman from Mis- year to be alive, and the events which spoke German and we made a deal and sissippi (Mr. WICKER). we celebrate actually started in Po- I paid some money and I grabbed a Mr. WICKER. Mr. Speaker, I regret land. After many years of struggle dur- hammer and chisel and did what the that there is not more time to discuss ing which Lech Walesa and his fol- gentleman from California (Mr. LAN- a very important and historical day, lowers spent their time under martial TOS) did. I chipped away at that wall the 10th anniversary of the fall of the law, house arrest, or actually in jail, and helped tear it down and brought Berlin Wall. Like the gentleman from democracy prevailed in the great na- back some of those pieces to give them New York (Mr. MCNULTY), I am a mem- tion of Poland. to veterans of our Armed Forces who I ber of that baby boom generation who And then, as others have said, the knew would cherish them. remembers Khrushchev pounding his movement quickly spread throughout I later went through Checkpoint shoe, fallout shelters, and all of the im- Eastern Europe. I will never forget as Charlie, or the remnants of it, and ages of the Cold War. We wondered if long as I live the specter of Erich talked to people in East Berlin and was Eastern Europe would ever be free and Honecker, then the leader of East Ger- just totally amazed by what they were if international Communism would many, standing up before the world and telling me about what was happening. I ever be ended.

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.168 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11767 So I am pleased to take part in this Mr. COX. Mr. Speaker, I ask the gen- lived through back in the 1950s and debate today. We have already heard tleman from California (Mr. LANTOS) if 1960s and 1970s and 1980s. the names of a number of individuals he would agree to yield 11⁄2 minutes to It is very special to celebrate, but who have participated over time in the gentleman from Minnesota (Mr. also to say thanks to the millions of bringing about the end of European GUTKNECHT). Americans and millions around the Communism. Mr. LANTOS. Mr. Speaker, I am world that helped fight for freedom and The gentleman from California (Mr. happy to yield 11⁄2 minutes to the gen- democracy against the Communist evil LANTOS) mentioned President Truman tleman from Minnesota (Mr. GUT- empire, as President Reagan used to and President Reagan. Certainly we KNECHT). call it. should not forget that there were even Mr. GUTKNECHT. Mr. Speaker, I Unlike victories in World War II and members of the Reagan administration thank the gentleman from California World War I where we had a signing, who, during that time, were worried (Mr. LANTOS), the ranking member, for this was a gradual victory; and it is not about President Reagan using terms yielding me this time. totally over because we still have Com- such as ‘‘evil empire’’ or saying, ‘‘Mr. Mr. Speaker, words have meaning. munist dictators in the world in North Gorbachev, tear down this wall.’’ They Ideas matter. Actions have con- Korea and Cuba. urged him not to do so, but thank sequences. About the time the soli- But the thing is we have a victory goodness President Reagan was strong darity movement began to take root in that we need to celebrate and to say and was one of those people who en- Poland, the Roman Catholic Cardinals thanks. That is why this today is a spe- abled us to be having this celebration sort of shocked the world, and they cial occasion. Those photographs in the today. elected a Roman Catholic Cardinal paper of President Bush and Mikhail I want to take just a moment to from Poland to become the new Pope. Gorbachev and Helmut Kohl over in honor the name of another anti-Com- As the solidarity movement gained Berlin brings back vividly the sacrifice munist hero, Whittaker Chambers. I strength, there was fear that the Sovi- that was made. So thanks to everyone have just been reading the book, Wit- ets would actually send military forces that contributed to this great great ness, the autobiography of this coura- to bring down that movement in Po- victory. land. The new Pope sent word to the geous individual who had the fortitude Mr. COX. Mr. Speaker, I yield 2 min- Soviets that, if the Soviets invaded his to come forward, to name names, to utes to the gentleman from Virginia risk his family, his finances, his future, native Poland, he would be there to (Mr. WOLF), a distinguished leader in and even his freedom to say that there meet them. Words have meaning. the Congressional Human Rights Cau- Then later, our President Reagan were Communists in our own Federal cus who has for years advanced the went to Europe; and against the advice Government and to play a crucial roll cause of freedom, to conclude the de- of some of his advisors, he used those in the fight against international Com- bate on this legislation. very harsh words, he talked about that munist tyranny. Mr. WOLF. Mr. Speaker, I saw the I think, while we are celebrating the evil empire; and he talked about the Berlin Wall the first time in 1982. It 10th anniversary of the falling of the ash heap of history. Words have mean- was moving. I am honored to have this Wall, we should also remember the ing. opportunity in support of this resolu- name of Whittaker Chambers, and I Then later, when President Reagan tion to have the 10th anniversary but honor his memory today. went to Berlin and he said, ‘‘Mr. Gorba- also for Freedom Day. Mr. COX. Mr. Speaker, I yield 11⁄2 chev, if you mean what you say about minutes to the gentleman from Cali- Glasnost and Perestroika,’’ he said, People say the Berlin Wall fell down. The Berlin Wall did not fall down. The fornia (Mr. CUNNINGHAM). ‘‘Mr. Gorbachev, come to Berlin and Mr. CUNNINGHAM. Mr. Speaker, tear down this Wall.’’ Now, those words Berlin Wall was pushed down. Ronald those two words, Cold War, are chilling were barely reported here in the West- Reagan pushed the Berlin Wall down to the millions of people that never ern press, but they thundered across when he gave the evil empire speech. knew freedom before the Wall fell. Eastern Europe. Those words alone The Pope helped push the Wall down. Many U.S. citizens have never known a began to build up the momentum in Lane Kirkland of the AFL–CIO when he socialist or Communist regime, al- Eastern Europe. gave money to Lech Walesa and soli- though many Americans gave their So we can celebrate today the 10-year darity helped push the Wall down. lives and efforts to remove just a small anniversary and, in some respects, the Natan Shiransky, when he got out of symbol and a barrier to that freedom. anniversary of the real victory of all of gulag 35 and a Russian said walk I would like to thank the gentleman those veterans we sent to Europe. But straight across the bridge, zigzagged back and forth against the bridge in de- from California (Mr. LANTOS) and the back in World War II, we sent 161⁄2 mil- gentleman from California (Mr. COX). I lion people to fight that war. They fiance of the Soviet Union. Natan want to thank them deeply for the men came back, and it was not really con- Shiransky helped push the Wall down. and the women that they spoke about cluded because half of Europe was still Elena Bonner helped push the Wall that fought for this challenge. But I enslaved. down. Zacharov helped push the Wall would say to my friends that these This is a great victory for all Ameri- down. same men and women would challenge cans. It is a great victory for the peo- Whittaker Chambers, the gentleman us to continue the fight for an invis- ple of the world. I am delighted we are from Mississippi, when Whittaker ible, but a real wall to freedom of a so- moving forward with this resolution. Chambers wrote in the book Witness, cialist and Communist ideology that Mr. COX. Mr. Speaker, with the he said, ‘‘When I left the Communist enslaves freedom itself. agreement of the gentleman from Cali- party, I believed that I was leaving the The former Soviet Union and China, fornia (Mr. LANTOS), I ask him to yield winning side and joining the losing in my opinion, are bitter enemies of 1 minute to the gentleman from Flor- side, and nothing I saw has made me the United States. Does that mean we ida (Mr. MILLER). think that I was wrong.’’ Whittaker need not engage them? No. Firm diplo- Mr. LANTOS. Mr. Speaker, I yield 1 Chambers was wrong on this point, and macy, fair trade, not just trade, and minute to the gentleman from Florida Ronald Reagan was right on this point. even a big stick at times. But peace (Mr. MILLER). In fairness to Members on both sides of through strength is a hollow cry for Mr. MILLER of Florida. Mr. Speaker, the aisle in strong support of anti-Com- many of those that brought down the this is a special occasion today for us munism was right. Wall. For those that are aware of our to be here on the 10th anniversary of Lastly, in honor of Colonel Nicholson military today know that that Wall the collapse of the Berlin Wall because who was the last member of the mili- would not fall under peace through it symbolizes a victory in the Cold War tary. It was a military designated in strength with our military. which dominated us in this 20th cen- West Berlin who was killed by the So- It is a challenge that all of us in this tury, for the second half of the 20th viets in East Berlin. We honor him House, both Republicans and Demo- century. with this resolution. crats and Independents, should fight Some of the kids are now learning in I want my children to remember. I for on a very bipartisan basis. the history books what so many of us want my grandchildren to remember. I

VerDate 29-OCT-99 05:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.189 pfrm02 PsN: H09PT1 H11768 CONGRESSIONAL RECORD — HOUSE November 9, 1999 want everyone to remember. The Ber- one after the other fell, virtually bloodlessly, [From the Washington Times, November 4, lin Wall did not fall. These people the victims of a new yearning in their people 1999] pushed it down. and an old rottenness in their core. The MOVING FORWARD WITH FREEDOM DAY The SPEAKER pro tempore. The gen- world drew inspiration from the young pro- (By Ben Wattenberg) testers defiantly perched on the wall, smash- tleman from California (Mr. LANTOS) ing away pieces of it, mocking its pretense Ten years ago, on Nov. 9, 1989, the Berlin has 11⁄2 minutes remaining. to control over their lives. Wall was battered down by the people it had Mr. LANTOS. Mr. Speaker, I yield The fall of the wall and the unification of imprisoned. The event is regarded as the mo- myself such time as I may consume. East and West Germany were events that ment the Cold War ended. For Americans Mr. Speaker, in concluding this de- virtually no one predicted would occur so without sentient memories of World War II, the end of the Cold War has been the most bate, we need to remind ourselves that, rapidly and with so little violence. These and corresponding events in Eastern Europe, be- momentous historical event of their life- as we rejoice in the 10th anniversary of times, and so it will likely remain. the collapse of the symbol of tyranny, ginning with the Solidarity movement in Po- land in the early 1980s, exposed the great vul- Long yearned for, the end of the Cold War the Berlin Wall, that the battle is not nerability of communism or any oppressive has more than lived up to expectations: De- yet fully won. There are dictators in system when strong people unite against it. mocracy is on the march globally, defense Tehran. There are dictators in Bagh- Today communism, while not completely budgets are proportionately down, market dad. There are dictators in North dead, is completely discredited. Even China’s economies are beginning to flourish most ev- Korea. There are dictators in Belgrade. leadership has been forced to modify its for- erywhere, everyday people are benefiting merly orthodox communist economy in order each and every day. Our job will not be finished until The end of the Cold War actually was a every single man, woman, and child on to survive, though political repression is still a fact of life in that last communist power. process, not an event. By early 1989, Soviet the face of this planet will be able to Ten years after the fall of the Berlin Wall, President Mikhail Gorbachev had pulled his practice his religion, speak his mind, and eight years after the complete disinte- troops from Afghanistan, whipped. Poles be able to travel freely, be able to join gration of the Soviet Union and the Soviet elected a non-communist government; the associations of his own choosing, polit- bloc, the world is a safer place. Soviets did nothing. Hungary, Czecho- ical parties or otherwise. And yet. . . . slovakia, East Germany and later Bulgaria installed non-communist governments. It We have come a long way. The Soviet Lurking beneath the evolving democratic processes in former communist countries are was called ‘‘the velvet revolution,’’ with only Union is nothing but a bad memory. Romania the exception; Nicolae Ceausescu But dictatorial regimes still exist. the forces of reaction, remnants of the old guard or those nostalgic for its return. The and his empress were executed. Freedom Day, as we will celebrate it, transition to democratic governments and For almost two years, the U.S.S.R. re- will not be fully a reality until in every free markets in Russia and Eastern Europe mained a one-party communist state, gradu- single country, from the Taliban-con- has hardly been smooth; one crisis after an- ally eroding. Hard-liners attempted to resist trolled Afghanistan to the Milosevic- other has marked the effort by formerly the slow motion dis-memberment. On Aug. controlled Yugoslavia, will be able to communist countries to make up for decades 19, 1991, Boris Yeltsin stood on a tank to resist a hard-line coup. The hammer-and-sickle live and breathe freely. We hope that of failed economic, social and political policies. There are those exploiting the inevi- came down; the Russian tricolor went up. this body will then again proclaim free- Other Soviet republics declared independ- dom and Freedom Day on November 9 table discontent. The United States has a vested interest in ence, including the big guy on the block, for all the inhabitants of this planet. seeing that those countries who threw off Ukraine. Mr. Speaker, I yield back the balance the shackles of communism and brought a U.S. diplomats did not ‘‘gloat’’ about it. of my time. thaw to the nearly half-century of Cold War The sovereign state of Russia would be un- Mr. COX. Mr. Speaker, I yield such succeed. We have preached the gospel of free stable enough without the United States markets and free political systems, and we rubbing it in. time as he may consume to the gen- On Dec. 4, 1991, I proposed in a column that tleman from Mississippi (Mr. WICKER). must maintain our determination to assist them in working through the pains of transi- a new national holiday be established to (Mr. WICKER asked and was given commemorate the end the Cold War. I asked permission to revise and extend his re- tion that can seem worse to some than the stability of the old system. readers to participate in a contest to: 1. marks, and include extraneous mate- The United States probably kept Western Name it; 2. pick a date; and 3. propose a rial.) Europe from eventually succumbing to com- method of celebration. Mr. WICKER. Mr. Speaker, this munism by rebuilding its cities and econo- Several hundred submissions came in. morning, a very thoughtful editorial on mies with the Marshall Plan after World War Some of the most imaginative entries for a name were: ‘‘Defrost Day,’’ ‘‘Thaw Day,’’ this subject appeared in my hometown II. We are not in a position nor is there the need to proceed with a program of that mag- ‘‘Ronald Reagan Day,’’ ‘‘Gorbachev Day,’’ newspaper, the Northeast Mississippi ‘‘Borscht Day,’’ ‘‘Peace Through Strength Daily Journal. nitude today. But aid and assistance, government to gov- Day’’ ‘‘E Day’’ (which would stand for ‘‘Evil Mr. Speaker, I insert that editorial ernment and citizen to citizen, from the U.S. Empire Ends Day’’), ‘‘E2D2’’ (‘‘Evil Empire for the RECORD as follows: to formerly communist countries, as well as Death Day’’), ‘‘Jericho Day’’ ‘‘Pax Ameri- [From the Daily Journal, Nov. 9, 1999] active diplomatic efforts to achieve the sta- cana Day’’ and ‘‘Kerensky Future Freedom bility for freedom to flourish, are vital to Day’’ (recalling that Mr. Yeltsin was not the A PEACEFUL REVOLUTION THAT OPENED THE first pro-democratic leader of Russia). BERLIN WALL MUST BE SUSTAINED our national interests. Some would say it’s time for the United Scores of respondents offered ‘‘Liberty The fortified portion of it was 26 miles States to withdraw, to give up its role as a Day,’’ ‘‘Democracy Day,’’ and mostly, ‘‘Free- long. It stood up to 15 feet high in spots. It leader of the free world, to worry only about dom Day.’’ In June of 1992, I publicly pro- was topped with barbed wire and an assort- internal concerns. That would be to dishonor claimed ‘‘Freedom Day’’ the winner. ment of other obstacles. One suggestion for the date of the new hol- the sacrifices already made by Americans: Anyone brave or foolish enough to try to iday was June 5, for Adam Smith’s birthday. remembered Thursday, Veterans Day and the scale it had to get by electronic alarms, But the most votes went for Nov. 9, the day courage of those who fought to overcome mines, trenches and, of course, armed the wall fell. So today I proclaim that date tyranny in their own lands. guards. One hundred seventy people died try- The Berlin Wall, and all it represented, Freedom Day. ing. There were ideas about how to celebrate failed 10 years ago today. What followed The Berlin Wall became the most dramatic and commemorate Freedom Day: Build a sib- must succeed, and we must be willing to help symbol of the Cold War, a stark and striking ling sculpture to the Statue of Liberty; eat it happen. reminder of the tyranny of communism. The potatoes, the universal food; build a tunnel government of East Germany had to wall in Mr. COX. Mr. Speaker, I submit for to Russia across the Bering Strait; thank its own people, so oppressive was the envi- the RECORD an article written by Ben God for peace; welcome immigrants; medi- ronment on its side of the wall and so com- Wattenberg of the American Enterprise ate; issue a U.N. stamp; build ice sculptures; pelling were the freedoms enjoyed on the Institute, who first proposed the idea send money to feed Russians; and do some- other. of a Freedom Day in December 1991. I thing you can’t do in an unfree country— Ten years ago today the wall fell, in a figu- am proud that we are finally moving make a public speech, see a dirty movie, cel- rative sense. Its fortified passages were forward with this idea, and I thank him ebrate a religion, travel across a border. opened and traffic allowed to flow freely be- for his commitment to ensuring that I propose that discussion on the matter of tween East and West Berlin. Within a year how to celebrate be put on hold until we get East and West Germany were unified. By 1992 future generations recognize the im- the holiday established. the wall was physically dismantled. portant sacrifices made by those who How? Because all the major presidential Who can forget that amazing period in fought for freedom against the evils of candidates participate in the Cold War, they Eastern Europe as communist governments communism. should endorse the holiday. Legislators

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.174 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11769 ought to push for it. Anyone who worked in an agent of conflict resolution. It provided par- CONFERENCE REPORT (H. REPT. 106–464) defense industry, or paid federal taxes from ticipating States with a blueprint by which to The committee of conference on the dis- 1945 to 1989, ought to support it. President guide them away from the legacy of the past. agreeing votes of the two Houses on the Clinton ought to go to the Reagan Library to But most importantly it reminded membersÐ amendment of the Senate to the bill (H.R. endorse it. old and newÐof their responsibilities to their 1554), to amend the provisions of title 17, I met with Mark Burman of the Reagan United States Code, and the Communica- Presidential Foundation. He says they are on own citizens and to each other. This lesson would be sorely tested in the tions Act of 1934, relating to copyright li- board for a campaign. The other great presi- censing and carriage of broadcast signals by dential libraries—Truman, Eisenhower, Ken- years following the Wall's fall with the dis- satellite, having met, after full and free con- nedy, Johnson, Nixon, Ford and Carter— memberment of Yugoslavia, the genocide of ference, have agreed to recommend and do should join in. Bosnia, the economic collapse of Albania and recommend to their respective Houses as fol- So should anyone concerned with the the emergence of new threats to the citizens lows: teaching of American history. The holiday of Russia. The emphasis on rule of law in the That the House recede from its disagree- will remind American children that their re- ment to the amendment of the Senate and cent ancestors preserved freedom. The Cold Helsinki process would become even more relevant for all of Europe. agree to the same with an amendment as fol- War generation may not be ‘‘the greatest’’ lows: but they did their job—victory without a One year after the fall of the Wall, at the OSCE Paris Summit, former political prisoners In lieu of the matter proposed to be in- major hot war. serted by the Senate amendment, insert the Americans can only create an American like Vaclav Havel and Lech Walesa, who had following: holiday. But we ought to invite all other fought for the rights espoused at Helsinki in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. countries to join in, Russia first. The citi- 1975, led their countries to the table and re- (a) SHORT TITLE.—This Act may be cited as zens of Russia won the Cold War as surely as committed themselves and their governments we did. If I were a Chinese dissident I’d pro- the ‘‘Intellectual Property and Communications to the principles of human rights, security and Omnibus Reform Act of 1999’’. mote the idea; it might give their leaders a economic cooperation that are the foundation clue. (b) TABLE OF CONTENTS.—The table of con- If you like the idea, or have ideas, you may of the Final Act. Today, 54 nations of Europe, tents of this Act is as follows: e-mail me at [email protected]. I’ll pass the the Caucasus and Central Asia are committed Sec. 1. Short title; table of contents. correspondence along to the appropriate per- to the Helsinki process as participating States TITLE I—SATELLITE HOME VIEWER sons, as soon as I figure out who they are. of the OSCE. IMPROVEMENT Mr. HOYER. Mr. Speaker, I rise today to Mr. Speaker, as we reflect on this anniver- Sec. 1001. Short title. recognize the Tenth Anniversary of the fall of sary we understand that the countries and Sec. 1002. Limitations on exclusive rights; secondary transmissions by satellite the Berlin Wall. Perhaps no act in the latter peoples of the region are still in transition and will be for decades to come. Great strides carriers within local markets. half of this century better represents the Sec. 1003. Extension of effect of amendments to human quest for freedom and dignity. Perhaps have been made by many former communist countries in building democratic societies and section 119 of title 17, United no barrier more aptly symbolized the moral States Code. bankruptcy of an entire political movementÐa market economies. Poland, Hungary and the Sec. 1004. Computation of royalty fees for sat- movement that subjected its citizens to forcible Czech Republic are our NATO allies and are ellite carriers. detention. actively pursuing admission to the European Sec. 1005. Distant signal eligibility for con- As President Kennedy noted during his fa- Union. Other central and eastern European sumers. Sec. 1006. Public broadcasting service satellite mous speech in West Berlin in 1963, the Wall countries are taking steps to join NATO and the EU. Yet, progress has been uneven and feed. was erected to keep its citizens within. As we Sec. 1007. Application of Federal communica- all knew, the Wall was fundamentally flawed much remains to be done. It is critical that the United States remain tions commission regulations. and had to come down. Its dismantling fore- engaged with the peoples and governments of Sec. 1008. Rules for satellite carriers retransmit- shadowed the collapse of the Soviet Union ting television broadcast signals. Europe and the countries which emerged from and communist domination of Eastern Europe. Sec. 1009. Retransmission consent. the former Soviet Union, especially Russia, Who would have thought that less than 10 Sec. 1010. Severability. during this difficult period. I agree with Presi- years later three former members of the War- Sec. 1011. Technical amendments. dent Clinton when he said that we must `'reaf- Sec. 1012. Effective dates. saw pact would become members of NATO? firm our determination to finish the jobÐto Who would have predicted that NATO would TITLE II—RURAL LOCAL TELEVISION complete a Europe whole, free, democratic, SIGNALS survive as an engine of security and democ- and at peace, for the first time in all of his- racy-building in Europe? Sec. 2001. Short title. tory.'' It is in our strategic and national interest Sec. 2002. Loan guarantees. When I was appointed to the Helsinki Com- to do so. Sec. 2003. Administration of loan guarantees. mission in 1985, there were serious questions The SPEAKER pro tempore. The Sec. 2004. Retransmission of local television in the United States about the viability of the question is on the motion offered by broadcast stations. Helsinki process. Had the process empha- the gentleman from New York (Mr. Sec. 2005. Local television service in unserved sized security at the expense of human rights? and underserved markets. GILMAN) that the House suspend the Sec. 2006. Definitions. Was it perhaps time to reconsider the process rules and agree to the concurrent reso- in the absence of tangible progress on human lution, H. Con. Res. 223. TITLE III—TRADEMARK CYBERPIRACY PREVENTION rights questions? The question was taken. Today, we celebrate the freedom yielded by Mr. LANTOS. Mr. Speaker, on that I Sec. 3001. Short title; references. our steadfast commitment to the process and demand the yeas and nays. Sec. 3002. Cyberpiracy prevention. by our demand that the former Soviet bloc The yeas and nays were ordered. Sec. 3003. Damages and remedies. countries adhere and implement the human The SPEAKER pro tempore. Pursu- Sec. 3004. Limitation on liability. rights standards enshrined by the Accords. Sec. 3005. Definitions. ant to clause 8 of rule XX and the Sec. 3006. Study on abusive domain name reg- The fall of the Berlin Wall transformed the Chair’s prior announcement, further istrations involving personal world and demonstrated unreservedly the dig- proceedings on this motion will be names. nity of man as fundamental to democracy. The postponed. Sec. 3007. Historic preservation. Organization for Security and Cooperation in f Sec. 3008. Savings clause. Europe (OSCE) took a standÐthat human dig- Sec. 3009. Technical and conforming amend- nity, tolerance and mutual respect would be CONFERENCE REPORT ON H.R. 1554, ments. the standards for all the nations of Europe as INTELLECTUAL PROPERTY AND Sec. 3010. Effective date. we entered in 1990s. COMMUNICATIONS OMNIBUS RE- TITLE IV—INVENTOR PROTECTION Almost immediately, the fall of the Wall ush- FORM ACT OF 1999 Sec. 4001. Short title. ered in new members to the OSCEÐLith- Mr. TAUZIN (during debate on H. Subtitle A—Inventors’ Rights uania, Latvia, Estonia and Albania. All were Con. Res. 223) submitted the following Sec. 4101. Short title. freed from the shackles of Soviet domination, conference report and statement on the Sec. 4102. Integrity in invention promotion serv- and began to express a desire to join the Hel- bill (H.R. 1554) to amend the provisions ices. sinki process. of title 17, United States Code, and the Sec. 4103. Effective date. Why would they want to join when in effect Communications Act of 1934, relating Subtitle B—Patent and Trademark Fee Fairness we had won? Because the Helsinki process to copyright licensing and carriage of Sec. 4201. Short title. could serve as a source of values and act as broadcast signals by satellite: Sec. 4202. Adjustment of patent fees.

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6343 E:\CR\FM\A09NO7.110 pfrm02 PsN: H09PT1 H11770 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Sec. 4203. Adjustment of trademark fees. Sec. 4806. Prior invention. apply to a satellite carrier only if the network to Sec. 4204. Study on alternative fee structures. Sec. 4807. Prior art exclusion for certain com- which the submissions are to be made places on Sec. 4205. Patent and Trademark Office Fund- monly assigned patents. file with the Register of Copyrights a document ing. Sec. 4808. Exchange of copies of patents with identifying the name and address of the person Sec. 4206. Effective date. foreign countries. to whom such submissions are to be made. The Subtitle C—First Inventor Defense TITLE V—MISCELLANEOUS PROVISIONS Register of Copyrights shall maintain for public inspection a file of all such documents. Sec. 4301. Short title. Sec. 5001. Commission on online child protec- ‘‘(c) NO ROYALTY FEE REQUIRED.—A satellite Sec. 4302. Defense to patent infringement based tion. carrier whose secondary transmissions are sub- on earlier inventor. Sec. 5002. Privacy protection for donors to pub- ject to statutory licensing under subsection (a) Sec. 4303. Effective date and applicability. lic broadcasting entities. shall have no royalty obligation for such sec- Subtitle D—Patent Term Guarantee Sec. 5003. Completion of biennial regulatory re- ondary transmissions. Sec. 4401. Short title. view. ‘‘(d) NONCOMPLIANCE WITH REPORTING AND Sec. 4402. Patent term guarantee authority. Sec. 5004. Public broadcasting entities. REGULATORY REQUIREMENTS.—Notwithstanding Sec. 4403. Continued examination of patent ap- Sec. 5005. Technical amendments relating to subsection (a), the willful or repeated secondary plications. vessel hull design protection. transmission to the public by a satellite carrier Sec. 4404. Technical clarification. Sec. 5006. Informal rulemaking of copyright de- into the local market of a television broadcast Sec. 4405. Effective date. termination. station of a primary transmission embodying a Subtitle E—Domestic Publication of Patent Sec. 5007. Service of process for surety corpora- performance or display of a work made by that Applications Published Abroad tions. television broadcast station is actionable as an Sec. 5008. Low-power television. Sec. 4501. Short title. act of infringement under section 501, and is Sec. 4502. Publication. TITLE I—SATELLITE HOME VIEWER fully subject to the remedies provided under sec- Sec. 4503. Time for claiming benefit of earlier IMPROVEMENT tions 502 through 506 and 509, if the satellite filing date. SEC. 1001. SHORT TITLE. carrier has not complied with the reporting re- Sec. 4504. Provisional rights. This title may be cited as the ‘‘Satellite Home quirements of subsection (b) or with the rules, Sec. 4505. Prior art effect of published applica- Viewer Improvement Act of 1999’’. regulations, and authorizations of the Federal tions. Communications Commission concerning the SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; carriage of television broadcast signals. Sec. 4506. Cost recovery for publication. SECONDARY TRANSMISSIONS BY ‘‘(e) WILLFUL ALTERATIONS.—Notwith- Sec. 4507. Conforming amendments. SATELLITE CARRIERS WITHIN LOCAL Sec. 4508. Effective date. MARKETS. standing subsection (a), the secondary transmission to the public by a satellite carrier into Subtitle F—Optional Inter Partes (a) IN GENERAL.—Chapter 1 of title 17, United the local market of a television broadcast station Reexamination Procedure States Code, is amended by adding after section of a performance or display of a work embodied 121 the following new section: Sec. 4601. Short title. in a primary transmission made by that tele- Sec. 4602. Ex parte reexamination of patents. ‘‘§ 122. Limitations on exclusive rights; sec- vision broadcast station is actionable as an act Sec. 4603. Definitions. ondary transmissions by satellite carriers of infringement under section 501, and is fully Sec. 4604. Optional inter partes reexamination within local markets subject to the remedies provided by sections 502 procedures. ‘‘(a) SECONDARY TRANSMISSIONS OF TELE- through 506 and sections 509 and 510, if the con- Sec. 4605. Conforming amendments. VISION BROADCAST STATIONS BY SATELLITE CAR- tent of the particular program in which the per- Sec. 4606. Report to Congress. RIERS.—A secondary transmission of a perform- formance or display is embodied, or any com- Sec. 4607. Estoppel effect of reexamination. ance or display of a work embodied in a primary mercial advertising or station announcement Sec. 4608. Effective date. transmission of a television broadcast station transmitted by the primary transmitter during, Subtitle G—Patent and Trademark Office into the station’s local market shall be subject to or immediately before or after, the transmission Sec. 4701. Short title. statutory licensing under this section if— of such program, is in any way willfully altered CHAPTER 1—UNITED STATES PATENT AND ‘‘(1) the secondary transmission is made by a by the satellite carrier through changes, dele- TRADEMARK OFFICE satellite carrier to the public; tions, or additions, or is combined with programming from any other broadcast signal. Sec. 4711. Establishment of Patent and Trade- ‘‘(2) with regard to secondary transmissions, the satellite carrier is in compliance with the ‘‘(f) VIOLATION OF TERRITORIAL RESTRICTIONS mark Office. ON STATUTORY LICENSE FOR TELEVISION BROAD- Sec. 4712. Powers and duties. rules, regulations, or authorizations of the Fed- CAST STATIONS.— Sec. 4713. Organization and management. eral Communications Commission governing the carriage of television broadcast station signals; ‘‘(1) INDIVIDUAL VIOLATIONS.—The willful or Sec. 4714. Public advisory committees. repeated secondary transmission to the public Sec. 4715. Conforming amendments. and ‘‘(3) the satellite carrier makes a direct or in- by a satellite carrier of a primary transmission Sec. 4716. Trademark Trial and Appeal Board. embodying a performance or display of a work Sec. 4717. Board of Patent Appeals and Inter- direct charge for the secondary transmission to— made by a television broadcast station to a sub- ferences. scriber who does not reside in that station’s Sec. 4718. Annual report of Director. ‘‘(A) each subscriber receiving the secondary local market, and is not subject to statutory li- Sec. 4719. Suspension or exclusion from prac- transmission; or censing under section 119 or a private licensing tice. ‘‘(B) a distributor that has contracted with agreement, is actionable as an act of infringe- Sec. 4720. Pay of Director and Deputy Director. the satellite carrier for direct or indirect delivery of the secondary transmission to the public. ment under section 501 and is fully subject to CHAPTER 2—EFFECTIVE DATE; TECHNICAL the remedies provided by sections 502 through ‘‘(b) REPORTING REQUIREMENTS.— AMENDMENTS 506 and 509, except that— ‘‘(1) INITIAL LISTS.—A satellite carrier that Sec. 4731. Effective date. ‘‘(A) no damages shall be awarded for such makes secondary transmissions of a primary Sec. 4732. Technical and conforming amend- act of infringement if the satellite carrier took transmission made by a network station under ments. corrective action by promptly withdrawing serv- subsection (a) shall, within 90 days after com- CHAPTER 3—MISCELLANEOUS PROVISIONS ice from the ineligible subscriber; and mencing such secondary transmissions, submit ‘‘(B) any statutory damages shall not exceed Sec. 4741. References. to the network that owns or is affiliated with $5 for such subscriber for each month during Sec. 4742. Exercise of authorities. the network station a list identifying (by name which the violation occurred. Sec. 4743. Savings provisions. in alphabetical order and street address, includ- ‘‘(2) PATTERN OF VIOLATIONS.—If a satellite Sec. 4744. Transfer of assets. ing county and zip code) all subscribers to carrier engages in a willful or repeated pattern Sec. 4745. Delegation and assignment. which the satellite carrier makes secondary or practice of secondarily transmitting to the Sec. 4746. Authority of director of the Office of transmissions of that primary transmission public a primary transmission embodying a per- Management and Budget with re- under subsection (a). formance or display of a work made by a tele- spect to functions transferred. ‘‘(2) SUBSEQUENT LISTS.—After the list is sub- vision broadcast station to subscribers who do Sec. 4747. Certain vesting of functions consid- mitted under paragraph (1), the satellite carrier not reside in that station’s local market, and are ered transfers. shall, on the 15th of each month, submit to the not subject to statutory licensing under section Sec. 4748. Availability of existing funds. network a list identifying (by name in alphabet- 119 or a private licensing agreement, then in ad- Sec. 4749. Definitions. ical order and street address, including county dition to the remedies under paragraph (1)— Subtitle H—Miscellaneous Patent Provisions and zip code) any subscribers who have been ‘‘(A) if the pattern or practice has been car- Sec. 4801. Provisional applications. added or dropped as subscribers since the last ried out on a substantially nationwide basis, the Sec. 4802. International applications. submission under this subsection. court— Sec. 4803. Certain limitations on damages for ‘‘(3) USE OF SUBSCRIBER INFORMATION.—Sub- ‘‘(i) shall order a permanent injunction bar- patent infringement not applica- scriber information submitted by a satellite car- ring the secondary transmission by the satellite ble. rier under this subsection may be used only for carrier of the primary transmissions of that tele- Sec. 4804. Electronic filing and publications. the purposes of monitoring compliance by the vision broadcast station (and if such television Sec. 4805. Study and report on biological depos- satellite carrier with this section. broadcast station is a network station, all other its in support of biotechnology ‘‘(4) REQUIREMENTS OF NETWORKS.—The sub- television broadcast stations affiliated with such patents. mission requirements of this subsection shall network); and

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‘‘(ii) may order statutory damages not exceed- ‘‘(5) TELEVISION BROADCAST STATION.—The network station affiliated with that network of ing $250,000 for each 6-month period during term ‘television broadcast station’— Grade B intensity as defined by the Federal which the pattern or practice was carried out; ‘‘(A) means an over-the-air, commercial or Communications Commission under section and noncommercial television broadcast station li- 73.683(a) of title 47 of the Code of Federal Regu- ‘‘(B) if the pattern or practice has been car- censed by the Federal Communications Commis- lations, as in effect on January 1, 1999; ried out on a local or regional basis with respect sion under subpart E of part 73 of title 47, Code ‘‘(B) is subject to a waiver granted under reg- to more than 1 television broadcast station, the of Federal Regulations, except that such term ulations established under section 339(c)(2) of court— does not include a low-power or translator tele- the Communications Act of 1934; ‘‘(i) shall order a permanent injunction bar- vision station; and ‘‘(C) is a subscriber to whom subsection (e) ap- ring the secondary transmission in that locality ‘‘(B) includes a television broadcast station li- plies; or region by the satellite carrier of the primary censed by an appropriate governmental author- ‘‘(D) is a subscriber to whom subsection transmissions of any television broadcast sta- ity of Canada or Mexico if the station broad- (a)(11) applies; or tion; and casts primarily in the English language and is a ‘‘(E) is a subscriber to whom the exemption ‘‘(ii) may order statutory damages not exceed- network station as defined in section under subsection (a)(2)(B)(iii) applies.’’. ing $250,000 for each 6-month period during 119(d)(2)(A).’’. (2) CONFORMING AMENDMENT.—Section which the pattern or practice was carried out. (b) INFRINGEMENT OF COPYRIGHT.—Section 501 119(a)(2)(B) of title 17, United States Code, is ‘‘(g) BURDEN OF PROOF.—In any action of title 17, United States Code, is amended by amended to read as follows: brought under subsection (f), the satellite car- adding at the end the following new subsection: ‘‘(B) SECONDARY TRANSMISSIONS TO UNSERVED rier shall have the burden of proving that its ‘‘(f)(1) With respect to any secondary trans- HOUSEHOLDS.— secondary transmission of a primary transmission that is made by a satellite carrier of a ‘‘(i) IN GENERAL.—The statutory license pro- mission by a television broadcast station is made performance or display of a work embodied in a vided for in subparagraph (A) shall be limited to only to subscribers located within that station’s primary transmission and is actionable as an secondary transmissions of the signals of no local market or subscribers being served in com- act of infringement under section 122, a tele- more than 2 network stations in a single day for pliance with section 119 or a private licensing vision broadcast station holding a copyright or each television network to persons who reside in agreement. other license to transmit or perform the same unserved households. ‘‘(h) GEOGRAPHIC LIMITATIONS ON SECONDARY version of that work shall, for purposes of sub- ‘‘(ii) ACCURATE DETERMINATIONS OF ELIGI- TRANSMISSIONS.—The statutory license created BILITY.— by this section shall apply to secondary trans- section (b) of this section, be treated as a legal or beneficial owner if such secondary trans- ‘‘(I) ACCURATE PREDICTIVE MODEL.—In deter- missions to locations in the United States. mining presumptively whether a person resides ‘‘(i) EXCLUSIVITY WITH RESPECT TO SEC- mission occurs within the local market of that station. in an unserved household under subsection ONDARY TRANSMISSIONS OF BROADCAST STATIONS (d)(10)(A), a court shall rely on the Individual BY SATELLITE TO MEMBERS OF THE PUBLIC.—No ‘‘(2) A television broadcast station may file a civil action against any satellite carrier that has Location Longley-Rice model set forth by the provision of section 111 or any other law (other Federal Communications Commission in Docket than this section and section 119) shall be con- refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that No. 98–201, as that model may be amended by strued to contain any authorization, exemption, the Commission over time under section 339(c)(3) or license through which secondary trans- television broadcast station’s rights under section 338(a) of the Communications Act of 1934.’’. of the Communications Act of 1934 to increase missions by satellite carriers of programming the accuracy of that model. contained in a primary transmission made by a (c) TECHNICAL AND CONFORMING AMEND- MENTS.—The table of sections for chapter 1 of ‘‘(II) ACCURATE MEASUREMENTS.—For pur- television broadcast station may be made with- poses of site measurements to determine whether out obtaining the consent of the copyright title 17, United States Code, is amended by adding after the item relating to section 121 the fol- a person resides in an unserved household owner. under subsection (d)(10)(A), a court shall rely ‘‘(j) DEFINITIONS.—In this section— lowing: on section 339(c)(4) of the Communications Act ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ ‘‘122. Limitations on exclusive rights; secondary of 1934. means an entity which contracts to distribute transmissions by satellite carriers ‘‘(iii) C-BAND EXEMPTION TO UNSERVED HOUSE- secondary transmissions from a satellite carrier within local market.’’. HOLDS.— and, either as a single channel or in a package SEC. 1003. EXTENSION OF EFFECT OF AMEND- ‘‘(I) IN GENERAL.—The limitations of clause (i) with other programming, provides the secondary MENTS TO SECTION 119 OF TITLE 17, shall not apply to any secondary transmissions transmission either directly to individual sub- UNITED STATES CODE. by C-band services of network stations that a scribers or indirectly through other program dis- Section 4(a) of the Satellite Home Viewer Act subscriber to C-band service received before any tribution entities. of 1994 (17 U.S.C. 119 note; Public Law 103–369; termination of such secondary transmissions be- ‘‘(2) LOCAL MARKET.— 108 Stat. 3481) is amended by striking ‘‘December fore October 31, 1999. ‘‘(A) IN GENERAL.—The term ‘local market’, in 31, 1999’’ and inserting ‘‘December 31, 2004’’. the case of both commercial and noncommercial ‘‘(II) DEFINITION.—In this clause the term ‘C- SEC. 1004. COMPUTATION OF ROYALTY FEES FOR band service’ means a service that is licensed by television broadcast stations, means the des- SATELLITE CARRIERS. ignated market area in which a station is lo- the Federal Communications Commission and Section 119(c) of title 17, United States Code, operates in the Fixed Satellite Service under cated, and— is amended by adding at the end the following ‘‘(i) in the case of a commercial television part 25 of title 47 of the Code of Federal Regula- new paragraph: broadcast station, all commercial television tions.’’. ‘‘(4) REDUCTION.— broadcast stations licensed to a community (b) EXCEPTION TO LIMITATION ON SECONDARY ‘‘(A) SUPERSTATION.—The rate of the royalty within the same designated market area are TRANSMISSIONS.—Section 119(a)(5) of title 17, fee in effect on January 1, 1998, payable in each within the same local market; and United States Code, is amended by adding at the case under subsection (b)(1)(B)(i) shall be re- ‘‘(ii) in the case of a noncommercial edu- end the following: duced by 30 percent. cational television broadcast station, the market ‘‘(E) EXCEPTION.—The secondary transmission ‘‘(B) NETWORK AND PUBLIC BROADCASTING includes any station that is licensed to a com- by a satellite carrier of a performance or display SATELLITE FEED.—The rate of the royalty fee in munity within the same designated market area of a work embodied in a primary transmission effect on January 1, 1998, payable under sub- as the noncommercial educational television made by a network station to subscribers who do section (b)(1)(B)(ii) shall be reduced by 45 per- broadcast station. not reside in unserved households shall not be ‘‘(B) COUNTY OF LICENSE.—In addition to the cent. an act of infringement if— area described in subparagraph (A), a station’s ‘‘(5) PUBLIC BROADCASTING SERVICE AS ‘‘(i) the station on May 1, 1991, was retrans- local market includes the county in which the AGENT.—For purposes of section 802, with re- mitted by a satellite carrier and was not on that station’s community of license is located. spect to royalty fees paid by satellite carriers for date owned or operated by or affiliated with a ‘‘(C) DESIGNATED MARKET AREA.—For pur- retransmitting the Public Broadcasting Service television network that offered interconnected poses of subparagraph (A), the term ‘designated satellite feed, the Public Broadcasting Service program service on a regular basis for 15 or more market area’ means a designated market area, shall be the agent for all public television copy- hours per week to at least 25 affiliated television as determined by Nielsen Media Research and right claimants and all Public Broadcasting licensees in 10 or more States; published in the 1999–2000 Nielsen Station Index Service member stations.’’. ‘‘(ii) as of July 1, 1998, such station was re- Directory and Nielsen Station Index United SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR transmitted by a satellite carrier under the stat- States Television Household Estimates or any CONSUMERS. utory license of this section; and successor publication. (a) UNSERVED HOUSEHOLD.— ‘‘(iii) the station is not owned or operated by ‘‘(3) NETWORK STATION; SATELLITE CARRIER; (1) IN GENERAL.—Section 119(d) of title 17, or affiliated with a television network that, as SECONDARY TRANSMISSION.—The terms ‘network United States Code, is amended by striking of January 1, 1995, offered interconnected pro- station’, ‘satellite carrier’ and ‘secondary trans- paragraph (10) and inserting the following: gram service on a regular basis for 15 or more mission’ have the meanings given such terms ‘‘(10) UNSERVED HOUSEHOLD.—The term hours per week to at least 25 affiliated television under section 119(d). ‘unserved household’, with respect to a par- licensees in 10 or more States.’’. ‘‘(4) SUBSCRIBER.—The term ‘subscriber’ ticular television network, means a household (c) MORATORIUM ON COPYRIGHT LIABILITY.— means a person who receives a secondary trans- that— Section 119(e) of title 17, United States Code, is mission service from a satellite carrier and pays ‘‘(A) cannot receive, through the use of a con- amended to read as follows: a fee for the service, directly or indirectly, to the ventional, stationary, outdoor rooftop receiving ‘‘(e) MORATORIUM ON COPYRIGHT LIABILITY.— satellite carrier or to a distributor. antenna, an over-the-air signal of a primary Until December 31, 2004, a subscriber who does

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not receive a signal of grade A intensity (as de- ‘‘(11) LOCAL MARKET.—The term ‘local market’ SEC. 1008. RULES FOR SATELLITE CARRIERS RE- fined in the regulations of the Federal Commu- has the meaning given such term under section TRANSMITTING TELEVISION BROAD- nications Commission under section 73.683(a) of 122(j).’’. CAST SIGNALS. title 47 of the Code of Federal Regulations, as in (a) AMENDMENTS TO COMMUNICATIONS ACT OF SEC. 1006. PUBLIC BROADCASTING SERVICE SAT- 1934.—Title III of the Communications Act of effect on January 1, 1999, or predicted by the ELLITE FEED. 1934 is amended by inserting after section 337 (47 Federal Communications Commission using the (a) SECONDARY TRANSMISSIONS.—Section U.S.C. 337) the following new sections: Individual Location Longley-Rice methodology 119(a)(1) of title 17, United States Code, is described by the Federal Communications Com- amended— ‘‘SEC. 338. CARRIAGE OF LOCAL TELEVISION SIG- NALS BY SATELLITE CARRIERS. mission in Docket 98–201) of a local network tel- (1) by striking the paragraph heading and in- ‘‘(a) CARRIAGE OBLIGATIONS.— evision broadcast station shall remain eligible to serting ‘‘(1) SUPERSTATIONS AND PBS SATELLITE receive signals of network stations affiliated ‘‘(1) IN GENERAL.—Subject to the limitations of FEED.—’’; paragraph (2), each satellite carrier providing, with the same network, if that subscriber had (2) by inserting ‘‘or by the Public Broad- satellite service of such network signal termi- under section 122 of title 17, United States Code, casting Service satellite feed’’ after ‘‘supersta- secondary transmissions to subscribers located nated after July 11, 1998, and before October 31, tion’’; and 1999, as required by this section, or received within the local market of a television broadcast (3) by adding at the end the following: ‘‘In station of a primary transmission made by that such service on October 31, 1999.’’. the case of the Public Broadcasting Service sat- (d) RECREATIONAL VEHICLE AND COMMERCIAL station shall carry upon request the signals of ellite feed, the statutory license shall be effective TRUCK EXEMPTION.—Section 119(a) of title 17, all television broadcast stations located within until January 1, 2002.’’. United States Code, is amended by adding at the that local market, subject to section 325(b). (b) ROYALTY FEES.—Section 119(b)(1)(B)(iii) of end the following: ‘‘(2) REMEDIES FOR FAILURE TO CARRY.—The title 17, United States Code, is amended by in- ‘‘(11) SERVICE TO RECREATIONAL VEHICLES AND remedies for any failure to meet the obligations serting ‘‘or the Public Broadcasting Service sat- COMMERCIAL TRUCKS.— under this subsection shall be available exclu- ‘‘(A) EXEMPTION.— ellite feed’’ after ‘‘network station’’. sively under section 501(f) of title 17, United ‘‘(i) IN GENERAL.—For purposes of this sub- (c) DEFINITIONS.—Section 119(d) of title 17, States Code. section, and subject to clauses (ii) and (iii), the United States Code, is amended— ‘‘(3) EFFECTIVE DATE.—No satellite carrier term ‘unserved household’ shall include— (1) by amending paragraph (9) to read as fol- shall be required to carry local television broad- ‘‘(I) recreational vehicles as defined in regula- lows: cast stations under paragraph (1) until January tions of the Secretary of Housing and Urban De- ‘‘(9) SUPERSTATION.—The term 1, 2002. velopment under section 3282.8 of title 24 of the ‘superstation’— ‘‘(b) GOOD SIGNAL REQUIRED.— Code of Federal Regulations; and ‘‘(A) means a television broadcast station, ‘‘(1) COSTS.—A television broadcast station as- ‘‘(II) commercial trucks that qualify as com- other than a network station, licensed by the serting its right to carriage under subsection (a) mercial motor vehicles under regulations of the Federal Communications Commission that is sec- shall be required to bear the costs associated Secretary of Transportation under section 383.5 ondarily transmitted by a satellite carrier; and with delivering a good quality signal to the des- of title 49 of the Code of Federal Regulations. ‘‘(B) except for purposes of computing the roy- ignated local receive facility of the satellite car- ‘‘(ii) LIMITATION.—Clause (i) shall apply only alty fee, includes the Public Broadcasting Serv- rier or to another facility that is acceptable to at to a recreational vehicle or commercial truck if ice satellite feed.’’; and least one-half the stations asserting the right to any satellite carrier that proposes to make a sec- (2) by adding at the end the following: carriage in the local market. ‘‘(2) REGULATIONS.—The regulations issued ondary transmission of a network station to the ‘‘(12) PUBLIC BROADCASTING SERVICE SAT- under subsection (g) shall set forth the obliga- operator of such a recreational vehicle or com- ELLITE FEED.—The term ‘Public Broadcasting tions necessary to carry out this subsection. mercial truck complies with the documentation Service satellite feed’ means the national sat- ‘‘(c) DUPLICATION NOT REQUIRED.— requirements under subparagraphs (B) and (C). ellite feed distributed and designated for pur- ‘‘(1) COMMERCIAL STATIONS.—Notwith- ‘‘(iii) EXCLUSION.—For purposes of this sub- poses of this section by the Public Broadcasting paragraph, the terms ‘recreational vehicle’ and standing subsection (a), a satellite carrier shall Service consisting of educational and informa- not be required to carry upon request the signal ‘commercial truck’ shall not include any fixed tional programming intended for private home dwelling, whether a mobile home or otherwise. of any local commercial television broadcast sta- viewing, to which the Public Broadcasting Serv- tion that substantially duplicates the signal of ‘‘(B) DOCUMENTATION REQUIREMENTS.—A rec- ice holds national terrestrial broadcast rights.’’. reational vehicle or commercial truck shall be another local commercial television broadcast deemed to be an unserved household beginning SEC. 1007. APPLICATION OF FEDERAL COMMU- station which is secondarily transmitted by the NICATIONS COMMISSION REGULA- satellite carrier within the same local market, or 10 days after the relevant satellite carrier pro- TIONS. vides to the network that owns or is affiliated to carry upon request the signals of more than Section 119(a) of title 17, United States Code, with the network station that will be second- 1 local commercial television broadcast station is amended— arily transmitted to the recreational vehicle or in a single local market that is affiliated with a (1) in paragraph (1), by inserting ‘‘with re- commercial truck the following documents: particular television network unless such sta- gard to secondary transmissions the satellite ‘‘(i) DECLARATION.—A signed declaration by tions are licensed to communities in different the operator of the recreational vehicle or com- carrier is in compliance with the rules, regula- States. mercial truck that the satellite dish is perma- tions, or authorizations of the Federal Commu- ‘‘(2) NONCOMMERCIAL STATIONS.—The Com- nently attached to the recreational vehicle or nications Commission governing the carriage of mission shall prescribe regulations limiting the commercial truck, and will not be used to receive television broadcast station signals,’’ after ‘‘sat- carriage requirements under subsection (a) of satellite programming at any fixed dwelling. ellite carrier to the public for private home view- satellite carriers with respect to the carriage of ing,’’; ‘‘(ii) REGISTRATION.—In the case of a rec- multiple local noncommercial television broad- reational vehicle, a copy of the current State ve- (2) in paragraph (2), by inserting ‘‘with re- cast stations. To the extent possible, such regu- hicle registration for the recreational vehicle. gard to secondary transmissions the satellite lations shall provide the same degree of carriage ‘‘(iii) REGISTRATION AND LICENSE.—In the case carrier is in compliance with the rules, regula- by satellite carriers of such multiple stations as of a commercial truck, a copy of— tions, or authorizations of the Federal Commu- is provided by cable systems under section 615. ‘‘(I) the current State vehicle registration for nications Commission governing the carriage of ‘‘(d) CHANNEL POSITIONING.—No satellite car- the truck; and television broadcast station signals,’’ after ‘‘sat- rier shall be required to provide the signal of a ‘‘(II) a copy of a valid, current commercial ellite carrier to the public for private home view- local television broadcast station to subscribers driver’s license, as defined in regulations of the ing,’’; and in that station’s local market on any particular Secretary of Transportation under section 383 of (3) by adding at the end of such subsection (as channel number or to provide the signals in any title 49 of the Code of Federal Regulations, amended by section 1005(e) of this Act) the fol- particular order, except that the satellite carrier issued to the operator. lowing new paragraph: shall retransmit the signal of the local television ‘‘(C) UPDATED DOCUMENTATION REQUIRE- ‘‘(12) STATUTORY LICENSE CONTINGENT ON broadcast stations to subscribers in the stations’ MENTS.—If a satellite carrier wishes to continue COMPLIANCE WITH FCC RULES AND REMEDIAL local market on contiguous channels and pro- to make secondary transmissions to a rec- STEPS.—Notwithstanding any other provision of vide access to such station’s signals at a non- reational vehicle or commercial truck for more this section, the willful or repeated secondary discriminatory price and in a nondiscriminatory than a 2-year period, that carrier shall provide transmission to the public by a satellite carrier manner on any navigational device, on-screen each network, upon request, with updated docu- of a primary transmission embodying a perform- program guide, or menu. mentation in the form described under subpara- ance or display of a work made by a broadcast ‘‘(e) COMPENSATION FOR CARRIAGE.—A sat- graph (B) during the 90 days before expiration station licensed by the Federal Communications ellite carrier shall not accept or request mone- of that 2-year period.’’. Commission is actionable as an act of infringe- tary payment or other valuable consideration in (e) EXCEPTION TO SATELLITE CARRIER DEFINI- ment under section 501, and is fully subject to exchange either for carriage of local television TION.—Section 119(d)(6) of title 17, United States the remedies provided by sections 502 through broadcast stations in fulfillment of the require- Code, is amended by inserting before the period 506 and 509, if, at the time of such transmission, ments of this section or for channel positioning ‘‘, or provides a digital online communication the satellite carrier is not in compliance with the rights provided to such stations under this sec- service’’. rules, regulations, and authorizations of the tion, except that any such station may be re- (f) CONFORMING AMENDMENT.—Section Federal Communications Commission con- quired to bear the costs associated with deliv- 119(d)(11) of title 17, United States Code, is cerning the carriage of television broadcast sta- ering a good quality signal to the local receive amended to read as follows: tion signals.’’. facility of the satellite carrier.

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‘‘(f) REMEDIES.— each television network to any household not sideration, to develop and prescribe by rule a ‘‘(1) COMPLAINTS BY BROADCAST STATIONS.— located within the local markets of those net- point-to-point predictive model for reliably and Whenever a local television broadcast station work stations. presumptively determining the ability of indi- believes that a satellite carrier has failed to meet ‘‘(B) ADDITIONAL SERVICE.—In addition to sig- vidual locations to receive signals in accordance its obligations under subsections (b) through (e) nals provided under subparagraph (A), any sat- with the signal intensity standard in effect of this section, such station shall notify the car- ellite carrier may also provide service under the under section 119(d)(10)(A) of title 17, United rier, in writing, of the alleged failure and iden- statutory license of section 122 of title 17, United States Code. In prescribing such model, the tify its reasons for believing that the satellite States Code, to the local market within which Commission shall rely on the Individual Loca- carrier failed to comply with such obligations. such household is located. The service provided tion Longley-Rice model set forth by the Federal The satellite carrier shall, within 30 days after under section 122 of such title may be in addi- Communications Commission in Docket 98–201 such written notification, respond in writing to tion to the 2 signals provided under section 119 and ensure that such model takes into account such notification and comply with such obliga- of such title. terrain, building structures, and other land tions or state its reasons for believing that it is ‘‘(2) PENALTY FOR VIOLATION.—Any satellite cover variations. The Commission shall establish in compliance with such obligations. A local tel- carrier that knowingly and willfully provides procedures for the continued refinement in the evision broadcast station that disputes a re- the signals of television stations to subscribers application of the model by the use of additional sponse by a satellite carrier that it is in compli- in violation of this subsection shall be liable for data as it becomes available. ance with such obligations may obtain review of a forfeiture penalty under section 503 in the ‘‘(4) OBJECTIVE VERIFICATION.— such denial or response by filing a complaint amount of $50,000 for each violation or each day ‘‘(A) IN GENERAL.—If a subscriber’s request for with the Commission. Such complaint shall al- of a continuing violation. a waiver under paragraph (2) is rejected and the lege the manner in which such satellite carrier ‘‘(b) EXTENSION OF NETWORK NONDUPLICA- subscriber submits to the subscriber’s satellite has failed to meet its obligations and the basis TION, SYNDICATED EXCLUSIVITY, AND SPORTS carrier a request for a test verifying the sub- for such allegations. BLACKOUT TO SATELLITE RETRANSMISSION.— scriber’s inability to receive a signal that meets ‘‘(2) OPPORTUNITY TO RESPOND.—The Commis- ‘‘(1) EXTENSION OF PROTECTIONS.—Within 45 the signal intensity standard in effect under sion shall afford the satellite carrier against days after the date of enactment of the Satellite section 119(d)(10)(A) of title 17, United States which a complaint is filed under paragraph (1) Home Viewer Improvement Act of 1999, the Com- Code, the satellite carrier and the network sta- an opportunity to present data and arguments mission shall commence a single rulemaking pro- tion or stations asserting that the retransmission to establish that there has been no failure to ceeding to establish regulations that— is prohibited with respect to that subscriber meet its obligations under this section. ‘‘(A) apply network nonduplication protection shall select a qualified and independent person ‘‘(3) REMEDIAL ACTIONS; DISMISSAL.—Within (47 C.F.R. 76.92) syndicated exclusivity protec- to conduct a test in accordance with section 120 days after the date a complaint is filed tion (47 C.F.R. 76.151), and sports blackout pro- 73.686(d) of its regulations (47 C.F.R. 73.686(d)), under paragraph (1), the Commission shall de- tection (47 C.F.R. 76.67) to the retransmission of or any successor regulation. Such test shall be termine whether the satellite carrier has met its the signals of nationally distributed supersta- conducted within 30 days after the date the sub- obligations under subsections (b) through (e). If tions by satellite carriers to subscribers; and scriber submits a request for the test. If the writ- the Commission determines that the satellite car- ‘‘(B) to the extent technically feasible and not ten findings and conclusions of a test conducted rier has failed to meet such obligations, the economically prohibitive, apply sports blackout in accordance with such section (or any suc- Commission shall order the satellite carrier to protection (47 C.F.R. 76.67) to the retransmission cessor regulation) demonstrate that the sub- take appropriate remedial action. If the Commis- of the signals of network stations by satellite scriber does not receive a signal that meets or sion determines that the satellite carrier has carriers to subscribers. exceeds the signal intensity standard in effect ‘‘(2) DEADLINE FOR ACTION.—The Commission fully met the requirements of such subsections, under section 119(d)(10)(A) of title 17, United shall complete all actions necessary to prescribe the Commission shall dismiss the complaint. States Code, the subscriber shall not be denied regulations required by this section so that the ‘‘(g) REGULATIONS BY COMMISSION.—Within 1 the retransmission of a signal of a network sta- regulations shall become effective within 1 year year after the date of enactment of this section, tion under section 119 of title 17, United States after such date of enactment. the Commission shall issue regulations imple- Code. ‘‘(c) ELIGIBILITY FOR RETRANSMISSION.— menting this section following a rulemaking pro- ‘‘(B) DESIGNATION OF TESTER AND ALLOCATION ‘‘(1) SIGNAL STANDARD FOR SATELLITE CARRIER ceeding. The regulations prescribed under this OF COSTS.—If the satellite carrier and the net- PURPOSES.—For the purposes of identifying an section shall include requirements on satellite work station or stations asserting that the re- carriers that are comparable to the requirements unserved household under section 119(d)(10) of title 17, United States Code, within 1 year after transmission is prohibited are unable to agree on cable operators under sections 614(b) (3) and on such a person to conduct the test, the person (4) and 615(g)(1) and (2). the date of enactment of the Satellite Home Viewer Improvement Act of 1999, the Commis- shall be designated by an independent and neu- ‘‘(h) DEFINITIONS.—As used in this section: tral entity designated by the Commission by ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ sion shall conclude an inquiry to evaluate all rule. Unless the satellite carrier and the network means an entity which contracts to distribute possible standards and factors for determining station or stations otherwise agree, the costs of secondary transmissions from a satellite carrier eligibility for retransmissions of the signals of conducting the test under this paragraph shall and, either as a single channel or in a package network stations, and, if appropriate— be borne by the satellite carrier, if the station’s with other programming, provides the secondary ‘‘(A) recommend modifications to the Grade B signal meets or exceeds the signal intensity transmission either directly to individual sub- intensity standard for analog signals set forth standard in effect under section 119(d)(10)(A) of scribers or indirectly through other program dis- in section 73.683(a) of its regulations (47 C.F.R. title 17, United States Code, or by the network tribution entities. 73.683(a)), or recommend alternative standards station, if its signal fails to meet or exceed such ‘‘(2) LOCAL RECEIVE FACILITY.—The term or factors for purposes of determining such eligi- standard. ‘local receive facility’ means the reception point bility; and ‘‘(C) AVOIDANCE OF UNDUE BURDEN.— Com- in each local market which a satellite carrier ‘‘(B) make a further recommendation relating mission regulations prescribed under this para- designates for delivery of the signal of the sta- to an appropriate standard for digital signals. graph shall seek to avoid any undue burden on tion for purposes of retransmission. ‘‘(2) WAIVERS.—A subscriber who is denied the any party. ‘‘(3) LOCAL MARKET.—The term ‘local market’ retransmission of a signal of a network station has the meaning given that term under section under section 119 of title 17, United States Code, ‘‘(d) DEFINITIONS.—For the purposes of this 122(j) of title 17, United States Code. may request a waiver from such denial by subsection: ‘‘(4) SATELLITE CARRIER.—The term ‘satellite mitting a request, through such subscriber’s sat- ‘‘(1) LOCAL MARKET.—The term ‘local market’ carrier’ has the meaning given such term under ellite carrier, to the network station asserting has the meaning given that term under section section 119(d) of title 17, United States Code. that the retransmission is prohibited. The net- 122(j) of title 17, United States Code. ‘‘(5) SECONDARY TRANSMISSION.—The term work station shall accept or reject a subscriber’s ‘‘(2) NATIONALLY DISTRIBUTED SUPERSTA- ‘secondary transmission’ has the meaning given request for a waiver within 30 days after receipt TION.—The term ‘nationally distributed super- such term in section 119(d) of title 17, United of the request. The subscriber shall be permitted station’ means a television broadcast station, li- States Code. to receive such retransmission under section censed by the Commission, that— ‘‘(6) SUBSCRIBER.—The term ‘subscriber’ has 119(d)(10)(B) of title 17, United States Code, if ‘‘(A) is not owned or operated by or affiliated the meaning given that term under section 122(j) such station agrees to the waiver request and with a television network that, as of January 1, of title 17, United States Code. files with the satellite carrier a written waiver 1995, offered interconnected program service on ‘‘(7) TELEVISION BROADCAST STATION.—The with respect to that subscriber allowing the sub- a regular basis for 15 or more hours per week to term ‘television broadcast station’ has the mean- scriber to receive such retransmission. If a tele- at least 25 affiliated television licensees in 10 or ing given such term in section 325(b)(7). vision network station fails to accept or reject a more States; ‘‘SEC. 339. CARRIAGE OF DISTANT TELEVISION subscriber’s request for a waiver within the 30- ‘‘(B) on May 1, 1991, was retransmitted by a STATIONS BY SATELLITE CARRIERS. day period after receipt of the request, that sta- satellite carrier and was not a network station ‘‘(a) PROVISIONS RELATING TO CARRIAGE OF tion shall be deemed to agree to the waiver re- at that time; and DISTANT SIGNALS.— quest and have filed such written waiver. ‘‘(C) was, as of July 1, 1998, retransmitted by ‘‘(1) CARRIAGE PERMITTED.— ‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE a satellite carrier under the statutory license of ‘‘(A) IN GENERAL.—Subject to section 119 of MODEL REQUIRED.—Within 180 days after the section 119 of title 17, United States Code. title 17, United States Code, any satellite carrier date of enactment of the Satellite Home Viewer ‘‘(3) NETWORK STATION.—The term ‘network shall be permitted to provide the signals of no Improvement Act of 1999, the Commission shall station’ has the meaning given such term under more than 2 network stations in a single day for take all actions necessary, including any recon- section 119(d) of title 17, United States Code.

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‘‘(4) SATELLITE CARRIER.—The term ‘satellite Consumer Protection and Competition Act of ‘‘(E) a statement that the retransmission was carrier’ has the meaning given such term under 1992, the term ‘unserved household’ has the not expressly authorized by the television broad- section 119(d) of title 17, United States Code. meaning given that term under section 119(d) of cast station; and ‘‘(5) TELEVISION NETWORK.—The term ‘tele- such title, and the term ‘local market’ has the ‘‘(F) the name and address of counsel for the vision network’ means a television network in meaning given that term in section 122(j) of such station. the United States which offers an inter- title.’’; ‘‘(2) SERVICE OF COMPLAINTS ON SATELLITE connected program service on a regular basis for (2) by adding at the end of paragraph (3) the CARRIERS.—For purposes of any proceeding 15 or more hours per week to at least 25 affili- following new subparagraph: under this subsection, any satellite carrier that ated broadcast stations in 10 or more States.’’. ‘‘(C) Within 45 days after the date of enact- retransmits the signal of any broadcast station (b) NETWORK STATION DEFINITION.—Section ment of the Satellite Home Viewer Improvement shall be deemed to designate the Secretary of the 119(d)(2) of title 17, United States Code, is Act of 1999, the Commission shall commence a Commission as its agent for service of process. A amended— rulemaking proceeding to revise the regulations television broadcast station may serve a satellite (1) in subparagraph (B) by striking the period governing the exercise by television broadcast carrier with a complaint concerning an alleged and inserting a semicolon; and stations of the right to grant retransmission violation of subsection (b)(1) through retrans- (2) by adding after subparagraph (B) the fol- consent under this subsection, and such other mission of a station within the local market of lowing: regulations as are necessary to administer the such station by filing the original and 2 copies ‘‘except that the term does not include the sig- limitations contained in paragraph (2). The of the complaint with the Secretary of the Com- nal of the Alaska Rural Communications Serv- Commission shall complete all actions necessary mission and serving a copy of the complaint on ice, or any successor entity to that service.’’. to prescribe such regulations within 1 year after the satellite carrier by means of 2 commonly SEC. 1009. RETRANSMISSION CONSENT. such date of enactment. Such regulations used overnight delivery services, each addressed to the chief executive officer of the satellite car- (a) IN GENERAL.—Section 325(b) of the Com- shall— munications Act of 1934 (47 U.S.C. 325(b)) is ‘‘(i) establish election time periods that cor- rier at its principal place of business, and each amended— respond with those regulations adopted under marked ‘URGENT LITIGATION MATTER’ on (1) by amending paragraphs (1) and (2) to subparagraph (B) of this paragraph; and the outer packaging. Service shall be deemed ‘‘(ii) until January 1, 2006, prohibit a tele- read as follows: complete 1 business day after a copy of the com- vision broadcast station that provides retrans- ‘‘(b)(1) No cable system or other multichannel plaint is provided to the delivery services for mission consent from engaging in exclusive con- video programming distributor shall retransmit overnight delivery. On receipt of a complaint tracts for carriage or failing to negotiate in good the signal of a broadcasting station, or any part filed by a television broadcast station under this faith, and it shall not be a failure to negotiate thereof, except— subsection, the Secretary of the Commission in good faith if the television broadcast station ‘‘(A) with the express authority of the origi- shall send the original complaint by United enters into retransmission consent agreements nating station; States mail, postage prepaid, receipt requested, containing different terms and conditions, in- ‘‘(B) under section 614, in the case of a station addressed to the chief executive officer of the cluding price terms, with different multichannel electing, in accordance with this subsection, to satellite carrier at its principal place of busi- video programming distributors if such different assert the right to carriage under such section; ness. terms and conditions are based on competitive NSWERS BY SATELLITE CARRIERS.—With- or ‘‘(3) A marketplace considerations.’’; in 5 business days after the date of service, the ‘‘(C) under section 338, in the case of a station (3) in paragraph (4), by adding at the end the satellite carrier shall file an answer with the electing, in accordance with this subsection, to following new sentence: ‘‘If an originating tele- Commission and shall serve the answer by a assert the right to carriage under such section. vision station elects under paragraph (3)(C) to commonly used overnight delivery service and ‘‘(2) This subsection shall not apply— exercise its right to grant retransmission consent by United States mail, on the counsel designated ‘‘(A) to retransmission of the signal of a non- under this subsection with respect to a satellite in the complaint at the address listed for such commercial television broadcast station; carrier, section 338 shall not apply to the car- counsel in the complaint. ‘‘(B) to retransmission of the signal of a tele- riage of the signal of such station by such sat- ‘‘(4) DEFENSES.— vision broadcast station outside the station’s ellite carrier.’’; ‘‘(A) EXCLUSIVE DEFENSES.—The defenses local market by a satellite carrier directly to its (4) in paragraph (5), by striking ‘‘614 or 615’’ under this paragraph are the exclusive defenses subscribers, if— and inserting ‘‘338, 614, or 615’’; and available to a satellite carrier against which a ‘‘(i) such station was a superstation on May (5) by adding at the end the following new complaint under this subsection is filed. 1, 1991; paragraph: ‘‘(B) DEFENSES.—The defenses referred to ‘‘(ii) as of July 1, 1998, such station was re- ‘‘(7) For purposes of this subsection, the under subparagraph (A) are the defenses that— transmitted by a satellite carrier under the stat- term— ‘‘(i) the satellite carrier did not retransmit the utory license of section 119 of title 17, United ‘‘(A) ‘network station’ has the meaning given television broadcast station to any person in the States Code; and such term under section 119(d) of title 17, United local market of the station during the time pe- ‘‘(iii) the satellite carrier complies with any States Code; and riod specified in the complaint; network nonduplication, syndicated exclusivity, ‘‘(B) ‘television broadcast station’ means an ‘‘(ii) the television broadcast station had, in a and sports blackout rules adopted by the Com- over-the-air commercial or noncommercial tele- writing signed by an officer of the television mission under section 339(b) of this Act; vision broadcast station licensed by the Commis- broadcast station, expressly authorized the re- ‘‘(C) until December 31, 2004, to retransmission sion under subpart E of part 73 of title 47, Code transmission of the station by the satellite car- of the signals of network stations directly to a of Federal Regulations, except that such term rier to each person in the local market of the tel- home satellite antenna, if the subscriber receiv- does not include a low-power or translator tele- evision broadcast station to which the satellite ing the signal— vision station.’’. carrier made such retransmissions for the entire ‘‘(i) is located in an area outside the local (b) ENFORCEMENT PROVISIONS FOR CONSENT time period during which it is alleged that a vio- market of such stations; and FOR RETRANSMISSIONS.—Section 325 of the Com- lation of subsection (b)(1) has occurred; ‘‘(ii) resides in an unserved household; munications Act of 1934 (47 U.S.C. 325) is ‘‘(iii) the retransmission was made after Janu- ‘‘(D) to retransmission by a cable operator or amended by adding at the end the following ary 1, 2002, and the television broadcast station other multichannel video provider, other than a new subsection: had elected to assert the right to carriage under satellite carrier, of the signal of a television ‘‘(e) ENFORCEMENT PROCEEDINGS AGAINST section 338 as against the satellite carrier for the broadcast station outside the station’s local SATELLITE CARRIERS CONCERNING RETRANS- relevant period; or market if such signal was obtained from a sat- MISSIONS OF TELEVISION BROADCAST STATIONS IN ‘‘(iv) the station being retransmitted is a non- ellite carrier and— THE RESPECTIVE LOCAL MARKETS OF SUCH CAR- commercial television broadcast station. ‘‘(i) the originating station was a superstation RIERS.— ‘‘(5) COUNTING OF VIOLATIONS.—The retrans- on May 1, 1991; and ‘‘(1) COMPLAINTS BY TELEVISION BROADCAST mission without consent of a particular tele- ‘‘(ii) as of July 1, 1998, such station was re- STATIONS.—If after the expiration of the 6- vision broadcast station on a particular day to transmitted by a satellite carrier under the stat- month period described under subsection 1 or more persons in the local market of the sta- utory license of section 119 of title 17, United (b)(2)(E) a television broadcast station believes tion shall be considered a separate violation of States Code; or that a satellite carrier has retransmitted its sig- subsection (b)(1). ‘‘(E) during the 6-month period beginning on nal to any person in the local market of such ‘‘(6) BURDEN OF PROOF.—With respect to each the date of enactment of the Satellite Home station in violation of subsection (b)(1), the sta- alleged violation, the burden of proof shall be Viewer Improvement Act of 1999, to the retrans- tion may file with the Commission a complaint on a television broadcast station to establish mission of the signal of a television broadcast providing— that the satellite carrier retransmitted the sta- station within the station’s local market by a ‘‘(A) the name, address, and call letters of the tion to at least 1 person in the local market of satellite carrier directly to its subscribers under station; the station on the day in question. The burden the statutory license of section 122 of title 17, ‘‘(B) the name and address of the satellite car- of proof shall be on the satellite carrier with re- United States Code. rier; spect to all defenses other than the defense For purposes of this paragraph, the terms ‘sat- ‘‘(C) the dates on which the alleged retrans- under paragraph (4)(B)(i). ellite carrier’ and ‘superstation’ have the mean- mission occurred; ‘‘(7) PROCEDURES.— ings given those terms, respectively, in section ‘‘(D) the street address of at least 1 person in ‘‘(A) REGULATIONS.—Within 60 days after the 119(d) of title 17, United States Code, as in effect the local market of the station to whom the al- date of enactment of the Satellite Home Viewer on the date of enactment of the Cable Television leged retransmission was made; Improvement Act of 1999, the Commission shall

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.031 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11775 issue procedural regulations implementing this ment action or appeal shall be brought in the SEC. 1011. TECHNICAL AMENDMENTS. subsection which shall supersede procedures United States District Court for the District of (a) TECHNICAL AMENDMENTS RELATING TO under section 312. Columbia, which may find personal jurisdiction CABLE SYSTEMS.—Title 17, United States Code is ‘‘(B) DETERMINATIONS.— based on the satellite carrier’s ownership of li- amended as follows: ‘‘(i) IN GENERAL.—Within 45 days after the fil- censes issued by the Commission. An application (1) Such title is amended— ing of a complaint, the Commission shall issue a by a television broadcast station for an order (A) by striking ‘‘cable system’’ and ‘‘cable sys- final determination in any proceeding brought enforcing any cease-and-desist relief granted by tems’’ each place it appears (other than chapter under this subsection. The Commission’s final the Commission shall be resolved on a highly ex- 12) and inserting ‘‘terrestrial system’’ and ‘‘ter- determination shall specify the number of viola- pedited schedule. No discovery may be con- restrial systems’’, respectively; tions committed by the satellite carrier. The ducted by the parties in any such proceeding. (B) by striking ‘‘cable service’’ each place it Commission shall hear witnesses only if it clear- The district court shall enforce the Commission appears and inserting ‘‘terrestrial service’’; and ly appears, based on written filings by the par- order unless the Commission record reflects (C) by striking ‘‘programing’ each place it ap- ties, that there is a genuine dispute about mate- manifest error and an abuse of discretion by the pears and inserting ‘‘programming’’. rial facts. Except as provided in the preceding Commission. (2) Section 111(d)(1)(C) is amended by striking sentence, the Commission may issue a final rul- ‘‘(10) CIVIL ACTION FOR STATUTORY DAM- ‘‘cable system’s’’ and inserting ‘‘terrestrial sys- ing based on written filings by the parties. AGES.—Within 6 months after issuance of an tem’s’’. ‘‘(ii) DISCOVERY.—The Commission may direct order by the Commission under this subsection, (3) Section 111 is amended in the subsection the parties to exchange pertinent documents, a television broadcast station may file a civil ac- headings for subsections (c), (d), and (e), by and if necessary to take prehearing depositions, tion in any United States district court that has striking ‘‘CABLE’’ and inserting ‘‘TERRESTRIAL’’. on such schedule as the Commission may ap- personal jurisdiction over the satellite carrier for (4) Chapter 5 is amended— prove, but only if the Commission first deter- an award of statutory damages for any viola- (A) in the table of contents by amending the mines that such discovery is necessary to resolve tion that the Commission has determined to item relating to section 510 to read as follows: a genuine dispute about material facts, con- have been committed by a satellite carrier under ‘‘Sec. 510. Remedies for alteration of program- sistent with the obligation to make a final deter- this subsection. Such action shall not be subject ming by terrestrial systems.’’; mination within 45 days. to transfer under section 1404(a) of title 28, and ‘‘(8) RELIEF.—If the Commission determines United States Code. On finding that the satellite (B) by amending the section heading for sec- that a satellite carrier has retransmitted the tel- carrier has committed 1 or more violations of tion 510 to read as follows: evision broadcast station to at least 1 person in subsection (b), the District Court shall be re- the local market of such station and has failed ‘‘§ 510. Remedies for alteration of program- quired to award the television broadcast station ming by terrestrial systems’’. to meet its burden of proving 1 of the defenses statutory damages of $25,000 per violation, in (5) Section 801(b)(2)(A) is amended— under paragraph (4) with respect to such re- accordance with paragraph (5), and the costs (A) by striking ‘‘cable subscribers’’ and insert- transmission, the Commission shall be required and attorney’s fees incurred by the station. ing ‘‘terrestrial service subscribers’’; and to— Such statutory damages shall be awarded only (B) by striking ‘‘cable industry’’ and inserting ‘‘(A) make a finding that the satellite carrier if the television broadcast station has filed a ‘‘terrestrial service industry’’. violated subsection (b)(1) with respect to that binding stipulation with the court that such sta- (6) Section 111 is amended by striking ‘‘com- station; and tion will donate the full amount in excess of pulsory’’ each place it appears and inserting ‘‘(B) issue an order, within 45 days after the $1,000 of any statutory damage award to the ‘‘statutory’’. filing of the complaint, containing— United States Treasury for public purposes. Not- (7) Section 510(b) is amended by striking ‘‘(i) a cease-and-desist order directing the sat- withstanding any other provision of law, a sta- ‘‘compulsory’’ and inserting ‘‘statutory’’. ellite carrier immediately to stop making any tion shall incur no tax liability of any kind with (b) TECHNICAL AMENDMENTS RELATING TO further retransmissions of the television broad- respect to any amounts so donated. Discovery PERFORMANCE OR DISPLAYS OF WORKS.— cast station to any person within the local mar- may be conducted by the parties in any pro- (1) Section 111 of title 17, United States Code, ket of such station until such time as the Com- ceeding under this paragraph only if and to the is amended— mission determines that the satellite carrier is in extent necessary to resolve a genuinely disputed compliance with subsection (b)(1) with respect to (A) in subsection (a), in the matter preceding issue of fact concerning 1 of the defenses under paragraph (1), by striking ‘‘primary trans- such station; paragraph (4). In any such action, the defenses ‘‘(ii) if the satellite carrier is found to have mission embodying a performance or display of under paragraph (4) shall be exclusive, and the violated subsection (b)(1) with respect to more a work’’ and inserting ‘‘performance or display burden of proof shall be on the satellite carrier than 2 television broadcast stations, a cease- of a work embodied in a primary transmission’’; with respect to all defenses other than the de- and-desist order directing the satellite carrier to (B) in subsection (b), in the matter preceding fense under paragraph (4)(B)(i). A judgment stop making any further retransmission of any paragraph (1), by striking ‘‘primary trans- under this paragraph may be enforced in any television broadcast station to any person with- mission embodying a performance or display of manner permissible under Federal or State law. in the local market of such station, until such a work’’ and inserting ‘‘performance or display ‘‘(11) APPEALS.— time as the Commission, after giving notice to of a work embodied in a primary transmission’’; ‘‘(A) IN GENERAL.—The nonprevailing party the station, that the satellite carrier is in com- and before a United States district court may appeal pliance with subsection (b)(1) with respect to (C) in subsection (c)— a decision under this subsection to the United such stations; and (i) in paragraph (1)— States Court of Appeals with jurisdiction over ‘‘(iii) an award to the complainant of that (I) by inserting ‘‘a performance or display of that district court. The Court of Appeals shall complainant’s costs and reasonable attorney’s a work embodied in’’ after ‘‘by a terrestrial sys- not issue any stay of the effectiveness of any de- fees. tem of’’; and cision granting relief against a satellite carrier ‘‘(9) COURT PROCEEDINGS ON ENFORCEMENT OF (II) by striking ‘‘and embodying a perform- unless the carrier presents clear and convincing COMMISSION ORDER.— ance or display of a work’’; and evidence that it is highly likely to prevail on ap- ‘‘(A) IN GENERAL.—On entry by the Commis- (ii) in paragraphs (3) and (4)— sion of a final order granting relief under this peal and only after posting a bond for the full (I) by striking ‘‘a primary transmission’’ and subsection— amount of any monetary award assessed against inserting ‘‘a performance or display of a work ‘‘(i) a television broadcast station may apply it and for such further amount as the Court of embodied in a primary transmission’’; and within 30 days after such entry to the United Appeals may believe appropriate. (II) by striking ‘‘and embodying a perform- States District Court for the Eastern District of ‘‘(B) APPEAL.—If the Commission denies relief ance or display of a work’’. Virginia for a final judgment enforcing all relief in response to a complaint filed by a television (2) Section 119(a) of title 17, United States granted by the Commission; and broadcast station under this subsection, the tele- Code, is amended— ‘‘(ii) the satellite carrier may apply within 30 vision broadcast station filing the complaint (A) in paragraph (1), by striking ‘‘primary days after such entry to the United States Dis- may file an appeal with the United States Court transmission made by a superstation and em- trict Court for the Eastern District of Virginia of Appeals for the District of Columbia Circuit. bodying a performance or display of a work’’ for a judgment reversing the Commission’s ‘‘(12) SUNSET.—No complaint or civil action and inserting ‘‘performance or display of a work order. may be filed under this subsection after Decem- embodied in a primary transmission made by a ‘‘(B) APPEAL.—The procedure for an appeal ber 31, 2001. This subsection shall continue to superstation’’; under this paragraph by the satellite carrier apply to any complaint or civil action filed on (B) in paragraph (2)(A), by striking ‘‘pro- shall supersede any other appeal rights under or before such date.’’. gramming’’ and all that follows through ‘‘a Federal or State law. A United States district SEC. 1010. SEVERABILITY. work’’ and inserting ‘‘a performance or display court shall be deemed to have personal jurisdic- If any provision of section 325(b) of the Com- of a work embodied in a primary transmission tion over the satellite carrier if the carrier, or a munications Act of 1934 (47 U.S.C. 325(b)), or made by a network station’’; company under common control with the sat- the application of that provision to any person (C) in paragraph (4)— ellite carrier, has delivered television program- or circumstance, is held by a court of competent (i) by inserting ‘‘a performance or display of ming by satellite to more than 30 customers in jurisdiction to violate any provision of the Con- a work embodied in’’ after ‘‘by a satellite carrier that district during the preceding 4-year period. stitution of the United States, then the other of’’; and If the United States District Court for the East- provisions of that section, and the application (ii) by striking ‘‘and embodying a performance ern District of Virginia does not have personal of that provision to other persons and cir- or display of a work’’; and jurisdiction over the satellite carrier, an enforce- cumstances, shall not be affected. (D) in paragraph (6)—

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.033 pfrm02 PsN: H09PT1 H11776 CONGRESSIONAL RECORD — HOUSE November 9, 1999 (i) by inserting ‘‘performance or display of a (C) the total amount of all such loans may not required under section 504(b)(1) of the Federal work embodied in’’ after ‘‘by a satellite carrier exceed in the aggregate $1,250,000,000; Credit Reform Act of 1990, the Secretary may ac- of’’; and (D) the loan does not exceed $100,000,000, except on behalf of an applicant for assistance (ii) by striking ‘‘and embodying a performance cept that 1 loan under this title may exceed under this title a commitment from a non-Fed- or display of a work’’. $100,000,000, but shall not exceed $625,000,000; eral source to fund in whole or in part the credit (3) Section 501(e) of title 17, United States (E) the loan bears interest and penalties risk premiums with respect to the applicant’s Code, is amended by striking ‘‘primary trans- which, in the Secretary’s judgment, are not un- loan. The aggregate of appropriations of budget mission embodying the performance or display reasonable, taking into consideration the pre- authority and credit risk premiums described in of a work’’ and inserting ‘‘performance or dis- vailing interest rates and customary fees in- this paragraph with respect to a loan guarantee play of a work embodied in a primary trans- curred under similar obligations in the private may not be less than the cost of that loan guar- mission’’. capital market; and antee. (c) TECHNICAL AMENDMENT RELATING TO TER- (F) the Secretary determines that taking into (3) CREDIT RISK PREMIUM AMOUNT.—The Sec- RESTRIAL SYSTEMS.—Section 111(f) of title 17, account the practices of the private capital mar- retary shall determine the amount required for United States Code, is amended in the first sen- kets with respect to the financing of similar credit risk premiums under this subsection on tence of the definition of ‘terrestrial system’, by projects, the security of the loan is adequate. the basis of— inserting ‘‘, other than a digital online commu- (4) ADDITIONAL CRITERIA.—In addition to the (A) the circumstances of the applicant, in- nication service,’’ after ‘‘other communications requirements of paragraphs (1), (2), and (3), a cluding the amount of collateral offered; channels’’. loan for which a guarantee is sought under this (B) the proposed schedule of loan disburse- (d) CONFORMING AMENDMENT.—Section title shall meet any additional criteria promul- ments; 119(a)(2)(C) of title 17, United States Code, is gated under subsection (f)(1). (C) the borrower’s business plans for pro- amended in the first sentence by striking ‘‘cur- (d) ADDITIONAL REQUIREMENTS.—The Sec- viding service; rently’’. retary may not make a loan guarantee under (D) financial commitment from the broadcast (e) WORK MADE FOR HIRE.—Section 101 of this title unless— signal provider; title 17, United States Code, is amended in the (1) repayment of the obligation is required to (E) approval of the Office of Management and definition relating to work for hire in paragraph be made within a term of the lesser of— Budget; and (2) by inserting ‘‘as a sound recording,’’ after (A) 25 years from the date of its execution; or (F) any other factors the Secretary considers ‘‘audiovisual work’’. (B) the useful life of the primary assets used relevant. SEC. 1012. EFFECTIVE DATES. in the delivery of relevant signals; (4) PAYMENT OF PREMIUMS.—Credit risk pre- Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, (2) the Secretary has been given the assur- miums under this subsection shall be paid to an and 1011 (and the amendments made by such ances and documentation necessary to review account established in the Treasury which shall sections) shall take effect on the date of enact- and approve the guaranteed loans; accrue interest and such interest shall be re- ment of this Act. The amendments made by sec- (3) the Secretary makes a determination in tained by the account, subject to paragraph (5). tions 1002, 1004, and 1006 shall be effective as of writing that— (5) COHORTS OF LOANS.—In order to maintain July 1, 1999. (A) the applicant has given reasonable assur- sufficient balances of credit risk premiums to ances that the assets, facilities, or equipment adequately protect the Federal Government from TITLE II—RURAL LOCAL TELEVISION will be utilized economically and efficiently; risk of default, while minimizing the length of SIGNALS (B) necessary and sufficient regulatory ap- time the Government retains possession of those SEC. 2001. SHORT TITLE. provals, spectrum rights, and delivery permis- balances, the Secretary in consultation with the This title may be cited as the ‘‘Rural Local sions have been received by project participants Office of Management and Budget shall estab- Broadcast Signal Act’’. to assure the project’s ability to repay obliga- lish cohorts of loans. When all obligations at- SEC. 2002. LOAN GUARANTEES. tions under this title; and tached to a cohort of loans have been satisfied, (a) PURPOSE.—The purpose of this title is to (C) repayment of the obligation can reason- credit risk premiums paid for the cohort, and in- ensure improved access to the signals of local ably be expected, including the use of an appro- terest accrued thereon, which were not used to television stations by multichannel video propriate combination of credit risk premiums and mitigate losses shall be returned to the original viders to all households which desire such serv- collateral offered by the applicant to protect the source on a pro rata basis. ice in unserved and underserved rural areas by Federal Government. (g) CONDITIONS OF ASSISTANCE.—A borrower December 31, 2006. (e) APPROVAL OF NTIA REQUIRED.— shall agree to such terms and conditions as are (b) ASSISTANCE TO BORROWERS.—Subject to (1) IN GENERAL.—The Secretary may not issue sufficient, in the judgment of the Secretary to the appropriations limitation under subsection a loan guarantee under this title unless the Na- ensure that, as long as any principal or interest (c)(2), the Secretary, after consultation with the tional Telecommunications and Information Ad- is due and payable on such obligation, the Secretary of the Treasury and the Federal Com- ministration consults with the Secretary and borrower— munications Commission, may provide loan certifies that— (1) will maintain assets, equipment, facilities, guarantees to borrowers to finance projects to (A) the issuance of the loan guarantee is con- and operations on a continuing basis; provide local television broadcast signals by pro- sistent with subsection (a) of this section; and (2) will not make any discretionary dividend viders of multichannel video services including (B) consistent with subsection (b) of this sec- payments that reduce the ability to repay obli- direct broadcast satellite licensees and licensees tion, the project to be financed by a loan guar- gations incurred under this section; and of multichannel multipoint distribution systems, anteed under this section is not likely to have a (3) will remain sufficiently capitalized. to areas that do not receive local television substantial adverse impact on competition be- (h) LIEN ON INTERESTS IN ASSETS.—Upon pro- broadcast signals over commercial for-profit di- tween multichannel video programming distribu- viding a loan guarantee to a borrower under rect-to-home satellite distribution systems. A tors that outweighs the benefits of improving ac- this title, the Secretary shall have liens which borrower that receives a loan guarantee under cess to the signals of a local television station by shall be superior to all other liens on assets of this title may not transfer any part of the pro- a multichannel video provider. the borrower equal to the unpaid balance of the ceeds of the monies from the loans guaranteed (2) CERTIFICATION.—The Secretary shall pro- loan subject to such guarantee. under this program to an affiliate of the bor- vide the appropriate information on each loan (i) PERFECTED INTEREST.—The Secretary and rower. guarantee application recommended by the Sec- the lender shall have a perfected security inter- (c) UNDERWRITING CRITERIA; PRE- retary to the National Telecommunications and est in those assets of the borrower fully suffi- REQUISITES.— Information Administration for certification. cient to protect the Secretary and the lender. (1) IN GENERAL.—The Secretary shall admin- The National Telecommunications and Informa- (j) INSURANCE POLICIES.—In accordance with ister the underwriting criteria developed under tion Administration shall make the determina- practices of private lenders, as determined by subsection (f)(1) to determine which loans are tion required under this subsection within 90 the Secretary, the borrower shall obtain, at its eligible for a guarantee under this title. days, without regard to the provision of chapter expense, insurance sufficient to protect the in- (2) AUTHORITY TO MAKE LOAN GUARANTEES.— 5 of title 5, United States Code, and sections 10 terests of the Federal Government, as deter- The Secretary shall be authorized to guarantee and 11 of the Federal Advisory Committee Act (5 mined by the Secretary. loans under this title only to the extent provided U.S.C. App.). (k) SPECIAL PROVISION FOR SATELLITE CAR- for in advance by appropriations Acts. (f) REQUIREMENTS.— RIERS.—No satellite carrier that provided tele- (3) PREREQUISITES.—In addition to meeting (1) IN GENERAL.—Within 180 days after the vision broadcast signals to subscribers on Octo- the underwriting criteria under paragraph (1), a date of enactment of this Act, the Secretary ber 1, 1999, and no company that is an affiliate loan is not eligible for a loan guarantee under shall consult with the Office of Management of any such carrier, shall be eligible for a loan this title unless— and Budget and an independent public account- guarantee under this section if either the carrier (A) the loan is made to finance the acquisi- ing firm to develop underwriting criteria relat- or its affiliate holds a license for unused spection, improvement, enhancement, construction, ing to the issuance of loan guarantees, appro- trum that would be suitable for delivering local deployment, launch, or rehabilitation of the priate collateral and cash flow levels for the television signals into unserved and underserved means by which local television broadcast sig- types of loan guarantees that might be issued markets. nals will be delivered to an area not receiving under this title, and such other matters as the (l) AUTHORIZATION OF APPROPRIATIONS.—For such signals over commercial for-profit direct-to- Secretary determines appropriate. the additional costs of the loans guaranteed home satellite distribution systems; (2) AUTHORITY OF SECRETARY.—In lieu of or in under this title, including the cost of modifying (B) the proceeds of the loan will not be used combination with appropriations of budget au- the loans as defined in section 502 of the Con- for operating expenses; thority to cover the costs of loan guarantees as gressional Budget Act of 1974 (2 U.S.C. 661(a)),

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.035 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11777

there are authorized to be appropriated for fis- (f) COMMERCIAL VALIDITY.—For purposes of of this title and report the results to the Agri- cal years 2000 through 2006, such amounts as claims by any party other than the Secretary, a culture, Appropriations, and Judiciary Commit- may be necessary. In addition there are author- loan guarantee or loan guarantee commitment tees of the Senate and the House of Representa- ized to be appropriated such sums as may be shall be conclusive evidence that the underlying tives, the House of Representatives Committee necessary to administer this title. Any amounts obligation is in compliance with the provisions on Commerce, the Senate Committee on Com- appropriated under this subsection shall remain of the title, and that such obligation has been merce, Science, and Transportation, the Senate available until expended. approved and is legal as to principal, interest, Committee on Banking, Housing, and Urban Af- SEC. 2003. ADMINISTRATION OF LOAN GUARAN- and other terms. Such a guarantee or commit- fairs, and the House of Representatives Com- TEES. ment shall be valid and incontestable in the mittee on Banking and Financial Services. (a) APPLICATIONS.—The Secretary shall pre- hands of a holder thereof, including the original (n) INDEMNIFICATION.—An affiliate of the bor- scribe the form and contents for an application lender or any other holder, as of the date when rower shall indemnify the Government for any for a loan guarantee under section 2002. the Secretary granted the application therefor, losses it incurs as a result of— (b) ASSIGNMENT OF LOAN GUARANTEES.—The except as to fraud or material misrepresentation (1) a judgment against the borrower; holder of a loan guaranteed under this title may by such holder. (2) any breach by the borrower of its obliga- assign the loan guarantee in whole or in part, (g) DEFAULTS.—The Secretary shall prescribe tions under the loan guarantee agreement; subject to such requirements as the Secretary regulations governing a default on a loan guar- (3) any violation of the provisions of this title may prescribe. anteed under this title. by the borrower; (h) RIGHTS OF THE SECRETARY.— (c) MODIFICATIONS.—The Secretary may ap- (4) any penalties incurred by the borrower for (1) SUBROGATION.—If the Secretary authorizes prove the modification of any term or condition any reason, including the violation of the stipu- of a loan guarantee including the rate of inter- payment to a holder, or a holder’s agent, under subsection (g) in connection with a loan guar- lated performance; and est, time of payment of interest or principal, or antee made under section 2002, the Secretary (5) any other circumstances that the Secretary security requirements, if the Secretary finds in shall be subrogated to all of the rights of the determines to be appropriate. writing that— holder with respect to the obligor under the (o) SUNSET.—The Secretary may not approve a (1) the modification is equitable and is in the loan guarantee under this title after December overall best interests of the United States; loan. (2) DISPOSITION OF PROPERTY.—The Secretary 31, 2006. (2) consent has been obtained from the bor- may complete, recondition, reconstruct, ren- SEC. 2004. RETRANSMISSION OF LOCAL TELE- rower and the lender; ovate, repair, maintain, operate, rent, sell, or VISION BROADCAST STATIONS. (3) the modification is consistent with the ob- otherwise dispose of any property or other inter- A borrower shall be subject to applicable jective underwriting criteria developed in con- ests obtained under this section in a manner rights, obligations, and limitations of title 17, sultation with the Office of Management and that maximizes taxpayer return and is con- United States Code. If a local broadcast station Budget and an independent public accounting sistent with the public convenience and neces- requests carriage of its signal and is located in firm under section 2002(f); sity. a market not served by a satellite carrier pro- (4) the modification does not adversely affect (3) WARRANTS.—To ensure that the United viding service under a statutory license under the Federal Government’s interest in the entity’s States Government is compensated for the risk section 122 of title 17, United States Code, the assets or loan collateral; in making guarantees under this title, the Sec- (5) the modification does not adversely affect borrower shall carry the signal of that station retary shall enter into contracts under which the entity’s ability to repay the loan; and without charge and shall be subject to the appli- the Government, contingent on the financial (6) the National Telecommunications and In- cable rights, obligations, and limitations of sec- success of the borrower, would participate in a formation Administration does not object to the tions 338, 614, and 615 of the Communications percentage of the gains of any for profit bor- modification on the ground that it is incon- Act of 1934. rower or its security holders in connection with sistent with the certification under section SEC. 2005. LOCAL TELEVISION SERVICE IN the project funded by loans so guaranteed. 2002(e). UNSERVED AND UNDERSERVED (i) ACTION AGAINST OBLIGOR.—The Secretary MARKETS. (d) PRIORITY MARKETS.— may bring a civil action in an appropriate dis- (1) IN GENERAL.—To the maximum extent (a) IN GENERAL.—Not later than 1 year after trict court of the United States in the name of practicable, the Secretary shall give priority to the date of enactment of this Act, the Commis- the United States or of the holder of the obliga- projects which serve the most underserved rural sion shall take all actions necessary to make a tion in the event of a default on a loan guaran- markets, as determined by the Secretary. In determination regarding licenses or other au- teed under this title. The holder of a guarantee making prioritization determinations, the Sec- thorizations for facilities that will utilize, for shall make available to the Secretary all records retary shall consider prevailing market condi- delivering local broadcast television station sig- and evidence necessary to prosecute the civil actions, feasibility of providing service, popu- nals to satellite television subscribers in tion. The Secretary may accept property in full lation, terrain, and other factors the Secretary unserved and underserved local television mar- or partial satisfaction of any sums owed as a re- determines appropriate. kets, spectrum otherwise allocated to commercial sult of default. If the Secretary receives, (2) PRIORITY RELATING TO CONSUMER COSTS use. through the sale or other disposition of such AND SEPARATE TIER OF SIGNALS.—The Secretary (b) RULES.— shall give priority to projects that— property, an amount greater than the aggregate (1) FORM OF BUSINESS.—To the extent not in- (A) offer a separate tier of local broadcast sig- of— consistent with the Communications Act of 1934 (1) the amount paid to the holder of a guar- nals; and and the Commission’s rules, the Commission antee under subsection (g) of this section; and (B) provide lower projected costs to consumers shall permit applicants under subsection (a) to (2) any other cost to the United States of rem- of such separate tier. engage in partnerships, joint ventures, and simi- edying the default, the Secretary shall pay such (3) PERFORMANCE SCHEDULES.—Applicants for lar operating arrangements for the purpose of excess to the obligor. priority projects under this section shall enter carrying out subsection (a). (j) BREACH OF CONDITIONS.—The Attorney (2) HARMFUL INTERFERENCE.—The Commission into stipulated performance schedules with the General shall commence a civil action in a court shall ensure that no facility licensed or author- Secretary. of appropriate jurisdiction to enjoin any activity ized under subsection (a) causes harmful inter- (4) PENALTY.—The Secretary may assess a which the Secretary finds is in violation of this ference to the primary users of that spectrum or borrower a penalty not to exceed 3 times the in- title, regulations issued hereunder, or any con- to public safety spectrum use. terest due on the guaranteed loan, if the bor- ditions which were duly agreed to, and to secure (3) LIMITATION ON COMMISSION.—Except as rower fails to meet its stipulated performance any other appropriate relief, including relief provided in paragraphs (1) and (2), the Commis- schedule. The penalty shall be paid to the ac- against any affiliate of the borrower. sion may not restrict any entity granted a li- count established by the Treasury under section (k) ATTACHMENT.—No attachment or execu- 2002. tion may be issued against the Secretary or any cense or other authorization under subsection (5) LIMITATION ON CONSIDERATION OF MOST property in the control of the Secretary prior to (a) from using any reasonable compression, re- POPULATED AREAS.—The Secretary shall not the entry of final judgment to such effect in any formatting, or other technology. provide a loan guarantee for a project that is State, Federal, or other court. (c) REPORT.—Not later than January 1, 2001, primarily designed to serve the 40 most popu- (l) INVESTIGATION CHARGE AND FEES.— the Commission shall report to the Agriculture, lated designated market areas and shall take (1) APPRAISAL FEE.—The Secretary may Appropriations, and Judiciary Committees of the into consideration the importance of serving charge and collect from an applicant a reason- Senate and the House of Representatives, the rural markets that are not likely to be otherwise able fee for appraisal for the value of the equip- Senate Committee on Commerce, Science, and offered service under section 122 of title 17, ment or facilities for which the loan guarantee Transportation, and the House of Representa- United States Code, except through the loan is sought, and for making necessary determina- tives Committee on Commerce, on the extent to guarantee program under this title. tions and findings. The fee may not, in the ag- which licenses and other authorizations under (e) COMPLIANCE.—The Secretary shall enforce gregate, be more than one-half of one percent of subsection (a) have facilitated the delivery of compliance by an applicant and any other party the principal amount of the obligation. The fee local signals to satellite television subscribers in to the loan guarantee for whose benefit assist- imposed under this paragraph shall be used to unserved and underserved local television mar- ance is intended, with the provisions of this offset the administrative costs of the program. kets. The report shall include— title, regulations issued hereunder, and the (2) LOAN ORIGINATION FEE.—The Secretary (1) an analysis of the extent to which local terms and conditions of the loan guarantee, in- may charge a loan origination fee. signals are being provided by direct-to-home sat- cluding through regular periodic inspections (m) ANNUAL AUDIT.—The General Accounting ellite television providers and by other multi- and audits. Office shall annually audit the administration channel video program distributors;

VerDate 29-OCT-99 05:45 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.037 pfrm02 PsN: H09PT1 H11778 CONGRESSIONAL RECORD — HOUSE November 9, 1999

(2) an enumeration of the technical, economic, (9) SECRETARY.—The term ‘‘Secretary’’ means marks of others that are distinctive at the time and other impediments each type of multi- the Secretary of Agriculture. of registration of such domain names, or dilutive channel video programming distributor has en- (10) COMMON TERMS.—Except as provided in of famous marks of others that are famous at countered; and paragraphs (1) through (9), any term used in the time of registration of such domain names, (3) recommendations for specific measures to this title that is defined in the Communications without regard to the goods or services of the facilitate the provision of local signals to sub- Act of 1934 (47 U.S.C. 151 et seq.) has the mean- parties; and scribers in unserved and underserved markets by ing given it in that Act. ‘‘(IX) the extent to which the mark incor- direct-to-home satellite television providers and TITLE III—TRADEMARK CYBERPIRACY porated in the person’s domain name registra- by other distributors of multichannel video pro- PREVENTION tion is or is not distinctive and famous within gramming service. the meaning of subsection (c)(1) of section 43. SEC. 3001. SHORT TITLE; REFERENCES. ‘‘(ii) Bad faith intent described under sub- SEC. 2006. DEFINITIONS. (a) SHORT TITLE.—This title may be cited as In this title: paragraph (A) shall not be found in any case in the ‘‘Anticybersquatting Consumer Protection which the court determines that the person be- (1) AFFILIATE.—The term ‘‘affiliate’’ means Act’’. any person or entity that controls, or is con- lieved and had reasonable grounds to believe (b) REFERENCES TO THE TRADEMARK ACT OF that the use of the domain name was a fair use trolled by, or is under common control with, an- 1946.—Any reference in this title to the Trade- other person or entity. or otherwise lawful. mark Act of 1946 shall be a reference to the Act ‘‘(C) In any civil action involving the registra- (2) BORROWER.—The term ‘‘borrower’’ means entitled ‘‘An Act to provide for the registration tion, trafficking, or use of a domain name under any person or entity receiving a loan guarantee and protection of trademarks used in commerce, this paragraph, a court may order the forfeiture under this program. to carry out the provisions of certain inter- or cancellation of the domain name or the trans- (3) COMMISSION.—The term ‘‘Commission’’ national conventions, and for other purposes’’, fer of the domain name to the owner of the means the Federal Communications Commission. approved July 5, 1946 (15 U.S.C. 1051 et seq.). mark. (4) COST.— SEC. 3002. CYBERPIRACY PREVENTION. ‘‘(D) A person shall be liable for using a do- (A) IN GENERAL.—The term ‘‘cost’’ means the (a) IN GENERAL.—Section 43 of the Trademark main name under subparagraph (A) only if that estimated long-term cost to the Government of a Act of 1946 (15 U.S.C. 1125) is amended by in- person is the domain name registrant or that loan guarantee or modification thereof, cal- serting at the end the following: registrant’s authorized licensee. culated on a net present value basis, excluding ‘‘(d)(1)(A) A person shall be liable in a civil ‘‘(E) As used in this paragraph, the term ‘traf- administrative costs and any incidental effects action by the owner of a mark, including a per- fics in’ refers to transactions that include, but on governmental receipts or outlays. sonal name which is protected as a mark under are not limited to, sales, purchases, loans, (B) LOAN GUARANTEES.—For purposes of this this section, if, without regard to the goods or pledges, licenses, exchanges of currency, and paragraph the cost of a loan guarantee— services of the parties, that person— any other transfer for consideration or receipt (i) shall be the net present value, at the time ‘‘(i) has a bad faith intent to profit from that in exchange for consideration. when the guaranteed loan is disbursed, of the mark, including a personal name which is pro- ‘‘(2)(A) The owner of a mark may file an in estimated cash flows of— tected as a mark under this section; and rem civil action against a domain name in the (I) payments by the Government to cover de- ‘‘(ii) registers, traffics in, or uses a domain judicial district in which the domain name reg- faults and delinquencies, interest subsidies, or name that— istrar, domain name registry, or other domain other payments; ‘‘(I) in the case of a mark that is distinctive at name authority that registered or assigned the (II) payments to the Government, including the time of registration of the domain name, is domain name is located if— origination and other fees, penalties, and recov- identical or confusingly similar to that mark; ‘‘(i) the domain name violates any right of the eries; and ‘‘(II) in the case of a famous mark that is fa- owner of a mark registered in the Patent and (ii) shall include the effects of changes in loan mous at the time of registration of the domain Trademark Office, or protected under subsection terms resulting from the exercise by the guaran- name, is identical or confusingly similar to or (a) or (c); and teed lender of an option included in the loan dilutive of that mark; or ‘‘(ii) the court finds that the owner— guarantee contract, or by the borrower of an op- ‘‘(III) is a trademark, word, or name protected ‘‘(I) is not able to obtain in personam jurisdiction included in the guaranteed loan contract. by reason of section 706 of title 18, United States tion over a person who would have been a de- (C) COST OF MODIFICATION.—The cost of the Code, or section 220506 of title 36, United States fendant in a civil action under paragraph (1); or modification shall be the difference between the Code. ‘‘(II) through due diligence was not able to current estimate of the net present value of the ‘‘(B)(i) In determining whether a person has a find a person who would have been a defendant remaining cash flows under the terms of a loan bad faith intent described under subparagraph in a civil action under paragraph (1) by— guarantee contract, and the current estimate of (A), a court may consider factors such as, but ‘‘(aa) sending a notice of the alleged violation the net present value of the remaining cash not limited to— and intent to proceed under this paragraph to flows under the terms of the contract, as modi- ‘‘(I) the trademark or other intellectual prop- the registrant of the domain name at the postal fied. erty rights of the person, if any, in the domain and e-mail address provided by the registrant to (D) DISCOUNT RATE.—In estimating net name; the registrar; and ‘‘(bb) publishing notice of the action as the present value, the discount rate shall be the av- ‘‘(II) the extent to which the domain name court may direct promptly after filing the ac- erage interest rate on marketable Treasury secu- consists of the legal name of the person or a tion. rities of similar maturity to the cash flows of the name that is otherwise commonly used to iden- ‘‘(B) The actions under subparagraph (A)(ii) guarantee for which the estimate is being made. tify that person; shall constitute service of process. (E) FISCAL YEAR ASSUMPTIONS.—When funds ‘‘(III) the person’s prior use, if any, of the do- ‘‘(C) In an in rem action under this para- of a loan guarantee under this title are obli- main name in connection with the bona fide of- graph, a domain name shall be deemed to have gated, the estimated cost shall be based on the fering of any goods or services; its situs in the judicial district in which— current assumptions, adjusted to incorporate the ‘‘(IV) the person’s bona fide noncommercial or ‘‘(i) the domain name registrar, registry, or terms of the loan contract, for the fiscal year in fair use of the mark in a site accessible under other domain name authority that registered or which the funds are obligated. the domain name; assigned the domain name is located; or (5) CURRENT.—The term ‘‘current’’ has the ‘‘(V) the person’s intent to divert consumers ‘‘(ii) documents sufficient to establish control same meaning as in section 250(c)(9) of the Bal- from the mark owner’s online location to a site and authority regarding the disposition of the anced Budget and Emergency Deficit Control accessible under the domain name that could registration and use of the domain name are de- Act of 1985. harm the goodwill represented by the mark, ei- posited with the court. (6) DESIGNATED MARKET AREA.—The term ther for commercial gain or with the intent to ‘‘(D)(i) The remedies in an in rem action ‘‘designated market area’’ has the meaning tarnish or disparage the mark, by creating a under this paragraph shall be limited to a court given that term under section 122(j) of title 17, likelihood of confusion as to the source, spon- order for the forfeiture or cancellation of the do- United States Code. sorship, affiliation, or endorsement of the site; main name or the transfer of the domain name (7) LOAN GUARANTEE.—The term ‘‘loan guar- ‘‘(VI) the person’s offer to transfer, sell, or to the owner of the mark. Upon receipt of writ- antee’’ means any guarantee, insurance, or otherwise assign the domain name to the mark ten notification of a filed, stamped copy of a other pledge with respect to the payment of all owner or any third party for financial gain complaint filed by the owner of a mark in a or part of the principal or interest on any debt without having used, or having an intent to United States district court under this para- obligation of a non-Federal borrower to the Fed- use, the domain name in the bona fide offering graph, the domain name registrar, domain name eral Financing Bank or a non-Federal lender, of any goods or services, or the person’s prior registry, or other domain name authority shall— but does not include the insurance of deposits, conduct indicating a pattern of such conduct; ‘‘(I) expeditiously deposit with the court docu- shares, or other withdrawable accounts in fi- ‘‘(VII) the person’s provision of material and ments sufficient to establish the court’s control nancial institutions. misleading false contact information when ap- and authority regarding the disposition of the (8) MODIFICATION.—The term ‘‘modification’’ plying for the registration of the domain name, registration and use of the domain name to the means any Government action that alters the es- the person’s intentional failure to maintain ac- court; and timated cost of an outstanding loan guarantee curate contact information, or the person’s prior ‘‘(II) not transfer, suspend, or otherwise mod- (or loan guarantee commitment) from the cur- conduct indicating a pattern of such conduct; ify the domain name during the pendency of the rent estimate of cash flows, including the sale of ‘‘(VIII) the person’s registration or acquisition action, except upon order of the court. loan assets, with or without recourse, and the of multiple domain names which the person ‘‘(ii) The domain name registrar or registry or purchase of guaranteed loans. knows are identical or confusingly similar to other domain name authority shall not be liable

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.038 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11779 for injunctive or monetary relief under this (2) by redesignating subparagraph (D) as sub- SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME paragraph except in the case of bad faith or paragraph (E) and inserting after subparagraph REGISTRATIONS INVOLVING PER- reckless disregard, which includes a willful fail- (C) the following: SONAL NAMES. ure to comply with any such court order. ‘‘(D)(i)(I) A domain name registrar, a domain (a) IN GENERAL.—Not later than 180 days ‘‘(3) The civil action established under para- name registry, or other domain name registra- after the date of enactment of this Act, the Sec- graph (1) and the in rem action established tion authority that takes any action described retary of Commerce, in consultation with the under paragraph (2), and any remedy available under clause (ii) affecting a domain name shall Patent and Trademark Office and the Federal under either such action, shall be in addition to not be liable for monetary relief or, except as Election Commission, shall conduct a study and any other civil action or remedy otherwise ap- provided in subclause (II), for injunctive relief, report to Congress with recommendations on plicable. to any person for such action, regardless of guidelines and procedures for resolving disputes ‘‘(4) The in rem jurisdiction established under whether the domain name is finally determined involving the registration or use by a person of paragraph (2) shall be in addition to any other to infringe or dilute the mark. a domain name that includes the personal name jurisdiction that otherwise exists, whether in ‘‘(II) A domain name registrar, domain name of another person, in whole or in part, or a rem or in personam.’’. registry, or other domain name registration au- name confusingly similar thereto, including con- (b) CYBERPIRACY PROTECTIONS FOR INDIVID- thority described in subclause (I) may be subject sideration of and recommendations for— UALS.— to injunctive relief only if such registrar, reg- (1) protecting personal names from registra- (1) IN GENERAL.— istry, or other registration authority has— tion by another person as a second level domain (A) CIVIL LIABILITY.—Any person who reg- ‘‘(aa) not expeditiously deposited with a name for purposes of selling or otherwise trans- isters a domain name that consists of the name court, in which an action has been filed regard- ferring such domain name to such other person of another living person, or a name substan- ing the disposition of the domain name, docu- or any third party for financial gain; tially and confusingly similar thereto, without ments sufficient for the court to establish the (2) protecting individuals from bad faith uses that person’s consent, with the specific intent to court’s control and authority regarding the dis- of their personal names as second level domain profit from such name by selling the domain position of the registration and use of the do- names by others with malicious intent to harm name for financial gain to that person or any main name; the reputation of the individual or the goodwill third party, shall be liable in a civil action by ‘‘(bb) transferred, suspended, or otherwise associated with that individual’s name; such person. modified the domain name during the pendency (3) protecting consumers from the registration (B) EXCEPTION.—A person who in good faith registers a domain name consisting of the name of the action, except upon order of the court; or and use of domain names that include personal ‘‘(cc) willfully failed to comply with any such of another living person, or a name substan- names in the second level domain in manners court order. tially and confusingly similar thereto, shall not which are intended or are likely to confuse or ‘‘(ii) An action referred to under clause (i)(I) be liable under this paragraph if such name is deceive the public as to the affiliation, connec- is any action of refusing to register, removing used in, affiliated with, or related to a work of tion, or association of the domain name reg- from registration, transferring, temporarily dis- authorship protected under title 17, United istrant, or a site accessible under the domain abling, or permanently canceling a domain States Code, including a work made for hire as name, with such other person, or as to the ori- name— defined in section 101 of title 17, United States gin, sponsorship, or approval of the goods, serv- ‘‘(I) in compliance with a court order under Code, and if the person registering the domain ices, or commercial activities of the domain section 43(d); or name is the copyright owner or licensee of the name registrant; ‘‘(II) in the implementation of a reasonable (4) protecting the public from registration of work, the person intends to sell the domain policy by such registrar, registry, or authority name in conjunction with the lawful exploi- domain names that include the personal names prohibiting the registration of a domain name tation of the work, and such registration is not of government officials, official candidates, and that is identical to, confusingly similar to, or di- prohibited by a contract between the registrant potential official candidates for Federal, State, lutive of another’s mark. and the named person. The exception under this or local political office in the United States, and ‘‘(iii) A domain name registrar, a domain the use of such domain names in a manner that subparagraph shall apply only to a civil action name registry, or other domain name registra- brought under paragraph (1) and shall in no disrupts the electoral process or the public’s tion authority shall not be liable for damages ability to access accurate and reliable informa- manner limit the protections afforded under the under this section for the registration or mainte- Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or tion regarding such individuals; nance of a domain name for another absent a (5) existing remedies, whether under State law other provision of Federal or State law. showing of bad faith intent to profit from such (2) REMEDIES.—In any civil action brought or otherwise, and the extent to which such rem- registration or maintenance of the domain under paragraph (1), a court may award injunc- edies are sufficient to address the considerations name. tive relief, including the forfeiture or cancella- described in paragraphs (1) through (4); and ‘‘(iv) If a registrar, registry, or other registration of the domain name or the transfer of the (6) the guidelines, procedures, and policies of tion authority takes an action described under domain name to the plaintiff. The court may the Internet Corporation for Assigned Names clause (ii) based on a knowing and material mis- also, in its discretion, award costs and attorneys and Numbers and the extent to which they ad- representation by any other person that a do- fees to the prevailing party. dress the considerations described in paragraphs main name is identical to, confusingly similar (3) DEFINITION.—In this subsection, the term (1) through (4). to, or dilutive of a mark, the person making the ‘‘domain name’’ has the meaning given that (b) GUIDELINES AND PROCEDURES.—The Sec- term in section 45 of the Trademark Act of 1946 knowing and material misrepresentation shall retary of Commerce shall, under its Memo- (15 U.S.C. 1127). be liable for any damages, including costs and randum of Understanding with the Internet attorney’s fees, incurred by the domain name (4) EFFECTIVE DATE.—This subsection shall Corporation for Assigned Names and Numbers, apply to domain names registered on or after the registrant as a result of such action. The court collaborate to develop guidelines and procedures date of enactment of this Act. may also grant injunctive relief to the domain for resolving disputes involving the registration name registrant, including the reactivation of SEC. 3003. DAMAGES AND REMEDIES. or use by a person of a domain name that in- the domain name or the transfer of the domain (a) REMEDIES IN CASES OF DOMAIN NAME PI- cludes the personal name of another person, in name to the domain name registrant. RACY.— whole or in part, or a name confusingly similar ‘‘(v) A domain name registrant whose domain (1) INJUNCTIONS.—Section 34(a) of the Trade- thereto. name has been suspended, disabled, or trans- mark Act of 1946 (15 U.S.C. 1116(a)) is amended SEC. 3007. HISTORIC PRESERVATION. in the first sentence by striking ‘‘(a) or (c)’’ and ferred under a policy described under clause (ii)(II) may, upon notice to the mark owner, file Section 101(a)(1)(A) of the National Historic inserting ‘‘(a), (c), or (d)’’. Preservation Act (16 U.S.C. 470a(a)(1)(A)) is (2) DAMAGES.—Section 35(a) of the Trademark a civil action to establish that the registration or amended by adding at the end the following: Act of 1946 (15 U.S.C. 1117(a)) is amended in the use of the domain name by such registrant is ‘‘Notwithstanding section 43(c) of the Act enti- first sentence by inserting ‘‘, (c), or (d)’’ after not unlawful under this Act. The court may tled ‘An Act to provide for the registration and ‘‘section 43(a)’’. grant injunctive relief to the domain name reg- protection of trademarks used in commerce, to (b) STATUTORY DAMAGES.—Section 35 of the istrant, including the reactivation of the domain Trademark Act of 1946 (15 U.S.C. 1117) is name or transfer of the domain name to the do- carry out the provisions of certain international amended by adding at the end the following: main name registrant.’’. conventions, and for other purposes’, approved ‘‘(d) In a case involving a violation of section SEC. 3005. DEFINITIONS. July 5, 1946 (commonly known as the ‘Trade- 43(d)(1), the plaintiff may elect, at any time be- Section 45 of the Trademark Act of 1946 (15 mark Act of 1946’ (15 U.S.C. 1125(c))), buildings fore final judgment is rendered by the trial U.S.C. 1127) is amended by inserting after the and structures on or eligible for inclusion on the court, to recover, instead of actual damages and undesignated paragraph defining the term National Register of Historic Places (either indi- profits, an award of statutory damages in the ‘‘counterfeit’’ the following: vidually or as part of a historic district), or des- amount of not less than $1,000 and not more ‘‘The term ‘domain name’ means any alpha- ignated as an individual landmark or as a con- than $100,000 per domain name, as the court numeric designation which is registered with or tributing building in a historic district by a unit considers just. assigned by any domain name registrar, domain of State or local government, may retain the SEC. 3004. LIMITATION ON LIABILITY. name registry, or other domain name registra- name historically associated with the building Section 32(2) of the Trademark Act of 1946 (15 tion authority as part of an electronic address or structure.’’. U.S.C. 1114) is amended— on the Internet. SEC. 3008. SAVINGS CLAUSE. (1) in the matter preceding subparagraph (A) ‘‘The term ‘Internet’ has the meaning given Nothing in this title shall affect any defense by striking ‘‘under section 43(a)’’ and inserting that term in section 230(f)(1) of the Communica- available to a defendant under the Trademark ‘‘under section 43(a) or (d)’’; and tions Act of 1934 (47 U.S.C. 230(f)(1)).’’. Act of 1946 (including any defense under section

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.040 pfrm02 PsN: H09PT1 H11780 CONGRESSIONAL RECORD — HOUSE November 9, 1999 43(c)(4) of such Act or relating to fair use) or a agent, employee, director, officer, partner, or 35, United States Code, is amended by adding at person’s right of free speech or expression under independent contractor of such invention pro- the end the following new item: the first amendment of the United States Con- moter), or by the failure of that invention pro- ‘‘§ 297. Improper and deceptive invention pro- stitution. moter to disclose such information as required motion.’’. under subsection (a), may recover in a civil ac- SEC. 3009. TECHNICAL AND CONFORMING AMEND- SEC. 4103. EFFECTIVE DATE. tion against the invention promoter (or the offi- MENTS. This subtitle and the amendments made by cers, directors, or partners of such invention Chapter 85 of title 28, United States Code, is this subtitle shall take effect 60 days after the promoter), in addition to reasonable costs and amended as follows: date of enactment of this Act. (1) Section 1338 of title 28, United States attorneys’ fees— Codes, is amended— ‘‘(A) the amount of actual damages incurred Subtitle B—Patent and Trademark Fee (A) in the section heading by striking ‘‘trade- by the customer; or Fairness marks’’ and inserting ‘‘trademarks’’; ‘‘(B) at the election of the customer at any SEC. 4201. SHORT TITLE. (B) in subsection (a) by striking ‘‘trade- time before final judgment is rendered, statutory This subtitle may be cited as the ‘‘Patent and marks’’ and inserting ‘‘trademarks’’; and damages in a sum of not more than $5,000, as Trademark Fee Fairness Act of 1999’’. (C) in subsection (b) by striking ‘‘trade-mark’’ the court considers just. ‘‘(2) Notwithstanding paragraph (1), in a case SEC. 4202. ADJUSTMENT OF PATENT FEES. and inserting ‘‘trademark’’. where the customer sustains the burden of (a) ORIGINAL FILING FEE.—Section 41(a)(1)(A) (2) The item relating to section 1338 in the proof, and the court finds, that the invention of title 35, United States Code, relating to the table of sections for chapter 85 of title 28, United promoter intentionally misrepresented or omitted fee for filing an original patent application, is States Code, is amended by striking ‘‘trade- a material fact to such customer, or willfully amended by striking ‘‘$760’’ and inserting marks’’ and inserting ‘‘trademarks’’. failed to disclose such information as required ‘‘$690’’. SEC. 3010. EFFECTIVE DATE. under subsection (a), with the purpose of de- (b) REISSUE FEE.—Section 41(a)(4)(A) of title Sections 3002(a), 3003, 3004, 3005, and 3008 of ceiving that customer, the court may increase 35, United States Code, relating to the fee for fil- this title shall apply to all domain names reg- damages to not more than 3 times the amount ing for a reissue of a patent, is amended by istered before, on, or after the date of enactment awarded, taking into account past complaints striking ‘‘$760’’ and inserting ‘‘$690’’. of this Act, except that damages under sub- made against the invention promoter that re- (c) NATIONAL FEE FOR CERTAIN INTER- section (a) or (d) of section 35 of the Trademark sulted in regulatory sanctions or other correc- NATIONAL APPLICATIONS.—Section 41(a)(10) of Act of 1946 (15 U.S.C. 1117), as amended by sec- tive actions based on those records compiled by title 35, United States Code, relating to the nation 3003 of this title, shall not be available with the Commissioner of Patents under subsection tional fee for certain international applications, respect to the registration, trafficking, or use of (d). is amended by striking ‘‘$760’’ and inserting a domain name that occurs before the date of ‘‘(c) DEFINITIONS.—For purposes of this ‘‘$690’’. enactment of this Act. section— (d) MAINTENANCE FEES.—Section 41(b)(1) of TITLE IV—INVENTOR PROTECTION ‘‘(1) a ‘contract for invention promotion serv- title 35, United States Code, relating to certain ices’ means a contract by which an invention maintenance fees, is amended by striking ‘‘$940’’ SEC. 4001. SHORT TITLE. promoter undertakes invention promotion serv- and inserting ‘‘$830’’. This title may be cited as the ‘‘American In- ices for a customer; SEC. 4203. ADJUSTMENT OF TRADEMARK FEES. ventors Protection Act of 1999’’. ‘‘(2) a ‘customer’ is any individual who enters Notwithstanding the second sentence of sec- Subtitle A—Inventors’ Rights into a contract with an invention promoter for tion 31(a) of the Trademark Act of 1946 (15 SEC. 4101. SHORT TITLE. invention promotion services; U.S.C. 111(a)), the Under Secretary of Commerce This subtitle may be cited as the ‘‘Inventors’ ‘‘(3) the term ‘invention promoter’ means any for Intellectual Property and Director of the Rights Act of 1999’’. person, firm, partnership, corporation, or other United States Patent and Trademark Office is entity who offers to perform or performs inven- authorized in fiscal year 2000 to adjust trade- SEC. 4102. INTEGRITY IN INVENTION PROMOTION tion promotion services for, or on behalf of, a SERVICES. mark fees without regard to fluctuations in the customer, and who holds itself out through ad- (a) IN GENERAL.—Chapter 29 of title 35, Consumer Price Index during the preceding 12 vertising in any mass media as providing such United States Code, is amended by adding at the months. services, but does not include— end the following new section: SEC. 4204. STUDY ON ALTERNATIVE FEE STRUC- ‘‘(A) any department or agency of the Federal TURES. ‘‘§ 297. Improper and deceptive invention pro- Government or of a State or local government; motion ‘‘(B) any nonprofit, charitable, scientific, or The Under Secretary of Commerce for Intellec- educational organization, qualified under appli- tual Property and Director of the United States ‘‘(a) IN GENERAL.—An invention promoter Patent and Trademark Office shall conduct a shall have a duty to disclose the following infor- cable State law or described under section 170(b)(1)(A) of the Internal Revenue Code of study of alternative fee structures that could be mation to a customer in writing, prior to enter- adopted by the United States Patent and Trade- ing into a contract for invention promotion serv- 1986; ‘‘(C) any person or entity involved in the eval- mark Office to encourage maximum participa- ices: tion by the inventor community in the United ‘‘(1) the total number of inventions evaluated uation to determine commercial potential of, or offering to license or sell, a utility patent or a States. The Director shall submit such study to by the invention promoter for commercial poten- the Committees on the Judiciary of the House of tial in the past 5 years, as well as the number previously filed nonprovisional utility patent application; Representatives and the Senate not later than 1 of those inventions that received positive eval- year after the date of enactment of this Act. uations, and the number of those inventions ‘‘(D) any party participating in a transaction that received negative evaluations; involving the sale of the stock or assets of a SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING. ‘‘(2) the total number of customers who have business; or ‘‘(E) any party who directly engages in the Section 42(c) of title 35, United States Code, is contracted with the invention promoter in the business of retail sales of products or the dis- amended in the second sentence— past 5 years, not including customers who have tribution of products; and (1) by striking ‘‘Fees available’’ and inserting purchased trade show services, research, adver- ‘‘(4) the term ‘invention promotion services’ ‘‘All fees available’’; and tising, or other nonmarketing services from the means the procurement or attempted procure- (2) by striking ‘‘may’’ and inserting ‘‘shall’’. invention promoter, or who have defaulted in ment for a customer of a firm, corporation, or their payment to the invention promoter; SEC. 4206. EFFECTIVE DATE. other entity to develop and market products or (a) IN GENERAL.—Except as provided in sub- ‘‘(3) the total number of customers known by services that include the invention of the cus- the invention promoter to have received a net fi- section (b), the amendments made by this sub- tomer. title shall take effect on the date of enactment nancial profit as a direct result of the invention ‘‘(d) RECORDS OF COMPLAINTS.— of this Act. promotion services provided by such invention ‘‘(1) RELEASE OF COMPLAINTS.—The Commis- (b) SECTION 4202.—The amendments made by promoter; sioner of Patents shall make all complaints re- section 4202 of this subtitle shall take effect 30 ‘‘(4) the total number of customers known by ceived by the Patent and Trademark Office in- days after the date of enactment of this Act. the invention promoter to have received license volving invention promoters publicly available, agreements for their inventions as a direct result together with any response of the invention pro- Subtitle C—First Inventor Defense of the invention promotion services provided by moters. The Commissioner of Patents shall no- SEC. 4301. SHORT TITLE. such invention promoter; and tify the invention promoter of a complaint and This subtitle may be cited as the ‘‘First Inven- ‘‘(5) the names and addresses of all previous provide a reasonable opportunity to reply prior tor Defense Act of 1999’’. invention promotion companies with which the to making such complaint publicly available. invention promoter or its officers have collec- SEC. 4302. DEFENSE TO PATENT INFRINGEMENT ‘‘(2) REQUEST FOR COMPLAINTS.—The Commis- BASED ON EARLIER INVENTOR. tively or individually been affiliated in the pre- sioner of Patents may request complaints relat- (a) DEFENSE.—Chapter 28 of title 35, United vious 10 years. ing to invention promotion services from any States Code, is amended by adding at the end ‘‘(b) CIVIL ACTION.—(1) Any customer who en- Federal or State agency and include such com- the following new section: ters into a contract with an invention promoter plaints in the records maintained under para- and who is found by a court to have been in- graph (1), together with any response of the in- ‘‘§ 273. Defense to infringement based on ear- jured by any material false or fraudulent state- vention promoters.’’. lier inventor ment or representation, or any omission of mate- (b) CONFORMING AMENDMENT.—The table of ‘‘(a) DEFINITIONS.—For purposes of this rial fact, by that invention promoter (or any sections at the beginning of chapter 29 of title section—

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.042 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11781 ‘‘(1) the terms ‘commercially used’ and ‘com- date of such abandonment in establishing a de- ‘‘(iv) issue a patent within 4 months after the mercial use’ mean use of a method in the United fense under this section with respect to actions date on which the issue fee was paid under sec- States, so long as such use is in connection with taken after the date of such abandonment. tion 151 and all outstanding requirements were an internal commercial use or an actual arm’s- ‘‘(6) PERSONAL DEFENSE.—The defense under satisfied, length sale or other arm’s-length commercial this section may be asserted only by the person the term of the patent shall be extended one day transfer of a useful end result, whether or not who performed the acts necessary to establish for each day after the end of the period speci- the subject matter at issue is accessible to or the defense and, except for any transfer to the fied in clause (i), (ii), (iii), or (iv), as the case otherwise known to the public, except that the patent owner, the right to assert the defense may be, until the action described in such clause subject matter for which commercial marketing shall not be licensed or assigned or transferred is taken. or use is subject to a premarketing regulatory to another person except as an ancillary and ‘‘(B) GUARANTEE OF NO MORE THAN 3-YEAR AP- review period during which the safety or effi- subordinate part of a good faith assignment or PLICATION PENDENCY.—Subject to the limitations cacy of the subject matter is established, includ- transfer for other reasons of the entire enter- under paragraph (2), if the issue of an original ing any period specified in section 156(g), shall prise or line of business to which the defense re- patent is delayed due to the failure of the be deemed ‘commercially used’ and in ‘commer- lates. United States Patent and Trademark Office to cial use’ during such regulatory review period; ‘‘(7) LIMITATION ON SITES.—A defense under issue a patent within 3 years after the actual ‘‘(2) in the case of activities performed by a this section, when acquired as part of a good filing date of the application in the United nonprofit research laboratory, or nonprofit enti- faith assignment or transfer of an entire enter- States, not including— ty such as a university, research center, or hos- prise or line of business to which the defense re- ‘‘(i) any time consumed by continued exam- pital, a use for which the public is the intended lates, may only be asserted for uses at sites ination of the application requested by the ap- beneficiary shall be considered to be a use de- where the subject matter that would otherwise plicant under section 132(b); scribed in paragraph (1), except that the use— infringe one or more of the claims is in use be- ‘‘(ii) any time consumed by a proceeding ‘‘(A) may be asserted as a defense under this fore the later of the effective filing date of the under section 135(a), any time consumed by the section only for continued use by and in the patent or the date of the assignment or transfer imposition of an order under section 181, or any laboratory or nonprofit entity; and of such enterprise or line of business. time consumed by appellate review by the Board ‘‘(B) may not be asserted as a defense with re- ‘‘(8) UNSUCCESSFUL ASSERTION OF DEFENSE.— of Patent Appeals and Interferences or by a spect to any subsequent commercialization or If the defense under this section is pleaded by a Federal court; or use outside such laboratory or nonprofit entity; person who is found to infringe the patent and ‘‘(iii) any delay in the processing of the appli- ‘‘(3) the term ‘method’ means a method of who subsequently fails to demonstrate a reason- cation by the United States Patent and Trade- doing or conducting business; and able basis for asserting the defense, the court mark Office requested by the applicant except as ‘‘(4) the ‘effective filing date’ of a patent is shall find the case exceptional for the purpose permitted by paragraph (3)(C), the term of the patent shall be extended 1 day the earlier of the actual filing date of the appli- of awarding attorney fees under section 285 of for each day after the end of that 3-year period cation for the patent or the filing date of any this title. until the patent is issued. earlier United States, foreign, or international ‘‘(9) INVALIDITY.—A patent shall not be ‘‘(C) GUARANTEE OR ADJUSTMENTS FOR DELAYS application to which the subject matter at issue deemed to be invalid under section 102 or 103 of DUE TO INTERFERENCES, SECRECY ORDERS, AND is entitled under section 119, 120, or 365 of this this title solely because a defense is raised or es- APPEALS.—Subject to the limitations under para- title. tablished under this section.’’. ‘‘(b) DEFENSE TO INFRINGEMENT.— graph (2), if the issue of an original patent is (b) CONFORMING AMENDMENT.—The table of delayed due to— ‘‘(1) IN GENERAL.—It shall be a defense to an sections at the beginning of chapter 28 of title action for infringement under section 271 of this ‘‘(i) a proceeding under section 135(a); 35, United States Code, is amended by adding at ‘‘(ii) the imposition of an order under section title with respect to any subject matter that the end the following new item: would otherwise infringe one or more claims for 181; or ‘‘(iii) appellate review by the Board of Patent a method in the patent being asserted against a ‘‘273. Defense to infringement based on earlier Appeals and Interferences or by a Federal court person, if such person had, acting in good faith, inventor.’’. in a case in which the patent was issued under actually reduced the subject matter to practice SEC. 4303. EFFECTIVE DATE AND APPLICABILITY. a decision in the review reversing an adverse de- at least one year before the effective filing date This subtitle and the amendments made by termination of patentability, of such patent, and commercially used the sub- this subtitle shall take effect on the date of en- the term of the patent shall be extended one day ject matter before the effective filing date of actment of this Act, but shall not apply to any for each day of the pendency of the proceeding, such patent. action for infringement that is pending on such order, or review, as the case may be. ‘‘(2) EXHAUSTION OF RIGHT.—The sale or other date of enactment or with respect to any subject ‘‘(2) LIMITATIONS.— disposition of a useful end product produced by matter for which an adjudication of infringe- ‘‘(A) IN GENERAL.—To the extent that periods a patented method, by a person entitled to as- ment, including a consent judgment, has been of delay attributable to grounds specified in sert a defense under this section with respect to made before such date of enactment. paragraph (1) overlap, the period of any adjust- that useful end result shall exhaust the patent Subtitle D—Patent Term Guarantee ment granted under this subsection shall not ex- owner’s rights under the patent to the extent SEC. 4401. SHORT TITLE. ceed the actual number of days the issuance of such rights would have been exhausted had the patent was delayed. such sale or other disposition been made by the This subtitle may be cited as the ‘‘Patent Term Guarantee Act of 1999’’. ‘‘(B) DISCLAIMED TERM.—No patent the term patent owner. of which has been disclaimed beyond a specified ‘‘(3) LIMITATIONS AND QUALIFICATIONS OF DE- SEC. 4402. PATENT TERM GUARANTEE AUTHOR- ITY. date may be adjusted under this section beyond FENSE.—The defense to infringement under this the expiration date specified in the disclaimer. (a) ADJUSTMENT OF PATENT TERM.—Section section is subject to the following: ‘‘(C) REDUCTION OF PERIOD OF ADJUSTMENT.— ‘‘(A) PATENT.—A person may not assert the 154(b) of title 35, United States Code, is amended ‘‘(i) The period of adjustment of the term of a defense under this section unless the invention to read as follows: patent under paragraph (1) shall be reduced by for which the defense is asserted is for a meth- ‘‘(b) ADJUSTMENT OF PATENT TERM.— a period equal to the period of time during od. ‘‘(1) PATENT TERM GUARANTEES.— which the applicant failed to engage in reason- ‘‘(B) DERIVATION.—A person may not assert ‘‘(A) GUARANTEE OF PROMPT PATENT AND able efforts to conclude prosecution of the appli- the defense under this section if the subject mat- TRADEMARK OFFICE RESPONSES.—Subject to the cation. ter on which the defense is based was derived limitations under paragraph (2), if the issue of ‘‘(ii) With respect to adjustments to patent from the patentee or persons in privity with the an original patent is delayed due to the failure term made under the authority of paragraph patentee. of the Patent and Trademark Office to— (1)(B), an applicant shall be deemed to have ‘‘(C) NOT A GENERAL LICENSE.—The defense ‘‘(i) provide at least 1 of the notifications failed to engage in reasonable efforts to con- asserted by a person under this section is not a under section 132 of this title or a notice of al- clude processing or examination of an applica- general license under all claims of the patent at lowance under section 151 of this title not later tion for the cumulative total of any periods of issue, but extends only to the specific subject than 14 months after— time in excess of 3 months that are taken to re- matter claimed in the patent with respect to ‘‘(I) the date on which an application was spond to a notice from the Office making any which the person can assert a defense under filed under section 111(a) of this title; or rejection, objection, argument, or other request, this chapter, except that the defense shall also ‘‘(II) the date on which an international ap- measuring such 3-month period from the date extend to variations in the quantity or volume plication fulfilled the requirements of section 371 the notice was given or mailed to the applicant. of use of the claimed subject matter, and to im- of this title; ‘‘(iii) The Director shall prescribe regulations provements in the claimed subject matter that do ‘‘(ii) respond to a reply under section 132, or establishing the circumstances that constitute a not infringe additional specifically claimed sub- to an appeal taken under section 134, within 4 failure of an applicant to engage in reasonable ject matter of the patent. months after the date on which the reply was efforts to conclude processing or examination of ‘‘(4) BURDEN OF PROOF.—A person asserting filed or the appeal was taken; an application. the defense under this section shall have the ‘‘(iii) act on an application within 4 months ‘‘(3) PROCEDURES FOR PATENT TERM ADJUST- burden of establishing the defense by clear and after the date of a decision by the Board of Pat- MENT DETERMINATION.— convincing evidence. ent Appeals and Interferences under section 134 ‘‘(A) The Director shall prescribe regulations ‘‘(5) ABANDONMENT OF USE.—A person who or 135 or a decision by a Federal court under establishing procedures for the application for has abandoned commercial use of subject matter section 141, 145, or 146 in a case in which allow- and determination of patent term adjustments may not rely on activities performed before the able claims remain in the application; or under this subsection.

VerDate 29-OCT-99 04:44 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.044 pfrm02 PsN: H09PT1 H11782 CONGRESSIONAL RECORD — HOUSE November 9, 1999 ‘‘(B) Under the procedures established under and shall apply to all applications filed under specified in clause (i), the application shall be subparagraph (A), the Director shall— section 111(a) of title 35, United States Code, on published in accordance with the provisions of ‘‘(i) make a determination of the period of any or after June 8, 1995, and all applications com- paragraph (1) on or as soon as is practical after patent term adjustment under this subsection, plying with section 371 of title 35, United States the date that is specified in clause (i). and shall transmit a notice of that determina- Code, that resulted from international applica- ‘‘(v) If an applicant has filed applications in tion with the written notice of allowance of the tions filed on or after June 8, 1995; and one or more foreign countries, directly or application under section 151; and (2) do not apply to applications for design through a multilateral international agreement, ‘‘(ii) provide the applicant one opportunity to patents under chapter 16 of title 35, United and such foreign filed applications cor- request reconsideration of any patent term ad- States Code. responding to an application filed in the Patent and Trademark Office or the description of the justment determination made by the Director. Subtitle E—Domestic Publication of Patent invention in such foreign filed applications is ‘‘(C) The Director shall reinstate all or part of Applications Published Abroad the cumulative period of time of an adjustment less extensive than the application or descrip- under paragraph (2)(C) if the applicant, prior to SEC. 4501. SHORT TITLE. tion of the invention in the application filed in the issuance of the patent, makes a showing This subtitle may be cited as the ‘‘Domestic the Patent and Trademark Office, the applicant that, in spite of all due care, the applicant was Publication of Foreign Filed Patent Applica- may submit a redacted copy of the application unable to respond within the 3-month period, tions Act of 1999’’. filed in the Patent and Trademark Office elimi- but in no case shall more than 3 additional SEC. 4502. PUBLICATION. nating any part or description of the invention months for each such response beyond the origi- (a) PUBLICATION.—Section 122 of title 35, in such application that is not also contained in nal 3-month period be reinstated. United States Code, is amended to read as fol- any of the corresponding applications filed in a ‘‘(D) The Director shall proceed to grant the lows: foreign country. The Director may only publish patent after completion of the Director’s deter- ‘‘§ 122. Confidential status of applications; the redacted copy of the application unless the mination of a patent term adjustment under the publication of patent applications redacted copy of the application is not received procedures established under this subsection, within 16 months after the earliest effective fil- ‘‘(a) CONFIDENTIALITY.—Except as provided in notwithstanding any appeal taken by the appli- ing date for which a benefit is sought under this subsection (b), applications for patents shall be title. The provisions of section 154(d) shall not cant of such determination. kept in confidence by the Patent and Trade- ‘‘(4) APPEAL OF PATENT TERM ADJUSTMENT DE- apply to a claim if the description of the inven- mark Office and no information concerning the tion published in the redacted application filed TERMINATION.— same given without authority of the applicant ‘‘(A) An applicant dissatisfied with a deter- under this clause with respect to the claim does or owner unless necessary to carry out the pro- not enable a person skilled in the art to make mination made by the Director under paragraph visions of an Act of Congress or in such special (3) shall have remedy by a civil action against and use the subject matter of the claim. circumstances as may be determined by the Di- ‘‘(c) PROTEST AND PRE-ISSUANCE OPPOSI- the Director filed in the United States District rector. Court for the District of Columbia within 180 TION.—The Director shall establish appropriate ‘‘(b) PUBLICATION.— days after the grant of the patent. Chapter 7 of procedures to ensure that no protest or other ‘‘(1) IN GENERAL.—(A) Subject to paragraph form of pre-issuance opposition to the grant of title 5 shall apply to such action. Any final (2), each application for a patent shall be pub- judgment resulting in a change to the period of a patent on an application may be initiated lished, in accordance with procedures deter- after publication of the application without the adjustment of the patent term shall be served on mined by the Director, promptly after the expi- the Director, and the Director shall thereafter express written consent of the applicant. ration of a period of 18 months from the earliest ‘‘(d) NATIONAL SECURITY.—No application for alter the term of the patent to reflect such filing date for which a benefit is sought under patent shall be published under subsection (b)(1) change. this title. At the request of the applicant, an ap- if the publication or disclosure of such invention ‘‘(B) The determination of a patent term ad- plication may be published earlier than the end would be detrimental to the national security. justment under this subsection shall not be sub- of such 18-month period. The Director shall establish appropriate proce- ject to appeal or challenge by a third party prior ‘‘(B) No information concerning published dures to ensure that such applications are to the grant of the patent.’’. patent applications shall be made available to promptly identified and the secrecy of such in- (b) CONFORMING AMENDMENTS.— the public except as the Director determines. ventions is maintained in accordance with chap- (1) Section 282 of title 35, United States Code, ‘‘(C) Notwithstanding any other provision of ter 17 of this title.’’. is amended in the fourth paragraph by striking law, a determination by the Director to release (b) STUDY.— ‘‘156 of this title’’ and inserting ‘‘154(b) or 156 of or not to release information concerning a pub- (1) IN GENERAL.—The Comptroller General this title’’. lished patent application shall be final and non- shall conduct a 3-year study of the applicants (2) Section 1295(a)(4)(C) of title 28, United reviewable. who file only in the United States on or after States Code, is amended by striking ‘‘145 or 146’’ ‘‘(2) EXCEPTIONS.—(A) An application shall the effective date of this subtitle and shall pro- and inserting ‘‘145, 146, or 154(b)’’. not be published if that application is— vide the results of such study to the Judiciary SEC. 4403. CONTINUED EXAMINATION OF PATENT ‘‘(i) no longer pending; Committees of the House of Representatives and APPLICATIONS. ‘‘(ii) subject to a secrecy order under section the Senate. Section 132 of title 35, United States Code, is 181 of this title; (2) CONTENTS.—The study conducted under amended— ‘‘(iii) a provisional application filed under paragraph (1) shall— (1) in the first sentence by striking ‘‘When- section 111(b) of this title; or (A) consider the number of such applicants in ever’’ and inserting ‘‘(a) Whenever’’; and ‘‘(iv) an application for a design patent filed relation to the number of applicants who file in (2) by adding at the end the following: under chapter 16 of this title. the United States and outside of the United ‘‘(b) The Director shall prescribe regulations ‘‘(B)(i) If an applicant makes a request upon States; to provide for the continued examination of ap- filing, certifying that the invention disclosed in (B) examine how many domestic-only filers re- plications for patent at the request of the appli- the application has not and will not be the sub- quest at the time of filing not to be published; (C) examine how many such filers rescind that cant. The Director may establish appropriate ject of an application filed in another country, fees for such continued examination and shall request or later choose to file abroad; or under a multilateral international agreement, (D) examine the status of the entity seeking provide a 50 percent reduction in such fees for that requires publication of applications 18 small entities that qualify for reduced fees an application and any correlation that may months after filing, the application shall not be exist between such status and the publication of under section 41(h)(1) of this title.’’. published as provided in paragraph (1). SEC. 4404. TECHNICAL CLARIFICATION. patent applications; and ‘‘(ii) An applicant may rescind a request made (E) examine the abandonment/issuance ratios Section 156(a) of title 35, United States Code, under clause (i) at any time. and length of application pendency before pat- is amended in the matter preceding paragraph ‘‘(iii) An applicant who has made a request ent issuance or abandonment for published (1) by inserting ‘‘, which shall include any pat- under clause (i) but who subsequently files, in a versus unpublished applications. ent term adjustment granted under section foreign country or under a multilateral inter- 154(b),’’ after ‘‘the original expiration date of SEC. 4503. TIME FOR CLAIMING BENEFIT OF EAR- national agreement specified in clause (i), an LIER FILING DATE. the patent’’. application directed to the invention disclosed (a) INA FOREIGN COUNTRY.—Section 119(b) of SEC. 4405. EFFECTIVE DATE. in the application filed in the Patent and title 35, United States Code, is amended to read (a) AMENDMENTS MADE BY SECTIONS 4402 AND Trademark Office, shall notify the Director of as follows: 4404.—The amendments made by sections 4402 such filing not later than 45 days after the date ‘‘(b)(1) No application for patent shall be enti- and 4404 shall take effect on the date that is 6 of the filing of such foreign or international ap- tled to this right of priority unless a claim is months after the date of enactment of this Act plication. A failure of the applicant to provide filed in the Patent and Trademark Office, iden- and, except for a design patent application filed such notice within the prescribed period shall tifying the foreign application by specifying the under chapter 16 of title 35, United States Code, result in the application being regarded as application number on that foreign application, shall apply to any application filed on or after abandoned, unless it is shown to the satisfac- the intellectual property authority or country in the date that is 6 months after the date of enact- tion of the Director that the delay in submitting or for which the application was filed, and the ment of this Act. the notice was unintentional. date of filing the application, at such time dur- (b) AMENDMENTS MADE BY SECTION 4403.—The ‘‘(iv) If an applicant rescinds a request made ing the pendency of the application as required amendments made by section 4403— under clause (i) or notifies the Director that an by the Director. (1) shall take effect on the date that is 6 application was filed in a foreign country or ‘‘(2) The Director may consider the failure of months after the date of enactment of this Act, under a multilateral international agreement the applicant to file a timely claim for priority

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.047 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11783 as a waiver of any such claim. The Director may (1) to obtain a reasonable royalty shall not be ing ‘‘; publication of patent applications’’ after establish procedures, including the payment of a available under this subsection unless the in- ‘‘applications’’. surcharge, to accept an unintentionally delayed vention as claimed in the patent is substantially (6) The item relating to section 154 in the table claim under this section. identical to the invention as claimed in the pub- of sections for chapter 14 is amended by insert- ‘‘(3) The Director may require a certified copy lished patent application. ing ‘‘; provisional rights’’ after ‘‘patent’’. of the original foreign application, specification, ‘‘(3) TIME LIMITATION ON OBTAINING A REASON- (7) Section 181 is amended— and drawings upon which it is based, a trans- ABLE ROYALTY.—The right under paragraph (1) (A) in the first undesignated paragraph— lation if not in the English language, and such to obtain a reasonable royalty shall be available (i) by inserting ‘‘by the publication of an ap- other information as the Director considers nec- only in an action brought not later than 6 years plication or’’ after ‘‘disclosure’’; and (ii) by inserting ‘‘the publication of the appli- essary. Any such certification shall be made by after the patent is issued. The right under para- cation or’’ after ‘‘withhold’’; graph (1) to obtain a reasonable royalty shall the foreign intellectual property authority in (B) in the second undesignated paragraph by not be affected by the duration of the period de- which the foreign application was filed and inserting ‘‘by the publication of an application scribed in paragraph (1). show the date of the application and of the fil- or’’ after ‘‘disclosure of an invention’’; ing of the specification and other papers.’’. ‘‘(4) REQUIREMENTS FOR INTERNATIONAL AP- (C) in the third undesignated paragraph— (b) IN THE UNITED STATES.— PLICATIONS.— (i) by inserting ‘‘by the publication of the ap- (1) IN GENERAL.—Section 120 of title 35, United ‘‘(A) EFFECTIVE DATE.—The right under para- plication or’’ after ‘‘disclosure of the inven- States Code, is amended by adding at the end graph (1) to obtain a reasonable royalty based tion’’; and the following: ‘‘No application shall be entitled upon the publication under the treaty defined (ii) by inserting ‘‘the publication of the appli- to the benefit of an earlier filed application in section 351(a) of an international application cation or’’ after ‘‘withhold’’; and under this section unless an amendment con- designating the United States shall commence (D) in the fourth undesignated paragraph by taining the specific reference to the earlier filed on the date on which the Patent and Trademark inserting ‘‘the publication of an application or’’ application is submitted at such time during the Office receives a copy of the publication under after ‘‘and’’ in the first sentence. pendency of the application as required by the the treaty of the international application, or, if (8) Section 252 is amended in the first undesig- Director. The Director may consider the failure the publication under the treaty of the inter- nated paragraph by inserting ‘‘substantially’’ to submit such an amendment within that time national application is in a language other than before ‘‘identical’’ each place it appears. period as a waiver of any benefit under this sec- English, on the date on which the Patent and (9) Section 284 is amended by adding at the tion. The Director may establish procedures, in- Trademark Office receives a translation of the end of the second undesignated paragraph the cluding the payment of a surcharge, to accept international application in the English lan- following: ‘‘Increased damages under this para- an unintentionally delayed submission of an guage. graph shall not apply to provisional rights amendment under this section.’’. ‘‘(B) COPIES.—The Director may require the under section 154(d) of this title.’’. (2) RIGHT OF PRIORITY.—Section 119(e)(1) of applicant to provide a copy of the international (10) Section 374 is amended to read as follows: title 35, United States Code, is amended by add- application and a translation thereof.’’. ‘‘§ 374. Publication of international applica- ing at the end the following: ‘‘No application SEC. 4505. PRIOR ART EFFECT OF PUBLISHED AP- tion shall be entitled to the benefit of an earlier filed PLICATIONS. ‘‘The publication under the treaty defined in provisional application under this subsection Section 102(e) of title 35, United States Code, section 351(a) of this title, of an international unless an amendment containing the specific is amended to read as follows: application designating the United States shall reference to the earlier filed provisional applica- ‘‘(e) The invention was described in— confer the same rights and shall have the same tion is submitted at such time during the pend- ‘‘(1) an application for patent, published effect under this title as an application for pat- ency of the application as required by the Direc- under section 122(b), by another filed in the ent published under section 122(b), except as tor. The Director may consider the failure to United States before the invention by the appli- provided in sections 102(e) and 154(d) of this submit such an amendment within that time pe- cant for patent, except that an international ap- title.’’. riod as a waiver of any benefit under this sub- plication filed under the treaty defined in sec- (11) Section 135(b) is amended— section. The Director may establish procedures, tion 351(a) shall have the effect under this sub- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and including the payment of a surcharge, to accept section of a national application published (B) by adding at the end the following: an unintentionally delayed submission of an under section 122(b) only if the international ‘‘(2) A claim which is the same as, or for the amendment under this subsection during the application designating the United States was same or substantially the same subject matter pendency of the application.’’. published under Article 21(2)(a) of such treaty as, a claim of an application published under SEC. 4504. PROVISIONAL RIGHTS. in the English language; or section 122(b) of this title may be made in an application filed after the application is published Section 154 of title 35, United States Code, is ‘‘(2) a patent granted on an application for only if the claim is made before 1 year after the amended— patent by another filed in the United States be- date on which the application is published.’’. (1) in the section caption by inserting ‘‘; pro- fore the invention by the applicant for patent, visional rights’’ after ‘‘patent’’; and except that a patent shall not be deemed filed in SEC. 4508. EFFECTIVE DATE. (2) by adding at the end the following new the United States for the purposes of this sub- Sections 4502 through 4507, and the amend- subsection: section based on the filing of an international ments made by such sections, shall take effect on the date that is 1 year after the date of en- ‘‘(d) PROVISIONAL RIGHTS.— application filed under the treaty defined in sec- actment of this Act and shall apply to all appli- ‘‘(1) IN GENERAL.—In addition to other rights tion 351(a); or’’. provided by this section, a patent shall include SEC. 4506. COST RECOVERY FOR PUBLICATION. cations filed under section 111 of title 35, United the right to obtain a reasonable royalty from The Under Secretary of Commerce for Intellec- States Code, on or after that date, and all appli- any person who, during the period beginning on tual Property and Director of the United States cations complying with section 371 of title 35, the date of publication of the application for Patent and Trademark Office shall recover the United States Code, that resulted from inter- such patent under section 122(b), or in the case cost of early publication required by the amend- national applications filed on or after that date. of an international application filed under the ment made by section 4502 by charging a sepa- The amendments made by sections 4504 and 4505 treaty defined in section 351(a) designating the rate publication fee after notice of allowance is shall apply to any such application voluntarily United States under Article 21(2)(a) of such given under section 151 of title 35, United States published by the applicant under procedures es- treaty, the date of publication of the applica- Code. tablished under this subtitle that is pending on the date that is 1 year after the date of enact- tion, and ending on the date the patent is SEC. 4507. CONFORMING AMENDMENTS. ment of this Act. The amendment made by sec- issued— The following provisions of title 35, United tion 4504 shall also apply to international appli- ‘‘(A)(i) makes, uses, offers for sale, or sells in States Code, are amended: cations designating the United States that are the United States the invention as claimed in (1) Section 11 is amended in paragraph 1 of filed on or after the date that is 1 year after the the published patent application or imports such subsection (a) by inserting ‘‘and published ap- date of enactment of this Act. an invention into the United States; or plications for patents’’ after ‘‘Patents’’. ‘‘(ii) if the invention as claimed in the pub- (2) Section 12 is amended— Subtitle F—Optional Inter Partes lished patent application is a process, uses, of- (A) in the section caption by inserting ‘‘and Reexamination Procedure fers for sale, or sells in the United States or im- applications’’ after ‘‘patents’’; and SEC. 4601. SHORT TITLE. ports into the United States products made by (B) by inserting ‘‘and published applications This subtitle may be cited as the ‘‘Optional that process as claimed in the published patent for patents’’ after ‘‘patents’’. Inter Partes Reexamination Procedure Act of application; and (3) Section 13 is amended— 1999’’. ‘‘(B) had actual notice of the published patent (A) in the section caption by inserting ‘‘and SEC. 4602. EX PARTE REEXAMINATION OF PAT- application and, in a case in which the right applications’’ after ‘‘patents’’; and ENTS. arising under this paragraph is based upon an (B) by inserting ‘‘and published applications The chapter heading for chapter 30 of title 35, international application designating the for patents’’ after ‘‘patents’’. United States Code, is amended by inserting United States that is published in a language (4) The items relating to sections 12 and 13 in ‘‘EX PARTE’’ before ‘‘REEXAMINATION OF other than English, had a translation of the the table of sections for chapter 1 are each PATENTS’’. international application into the English lan- amended by inserting ‘‘and applications’’ after SEC. 4603. DEFINITIONS. guage. ‘‘patents’’. Section 100 of title 35, United States Code, is ‘‘(2) RIGHT BASED ON SUBSTANTIALLY IDEN- (5) The item relating to section 122 in the table amended by adding at the end the following TICAL INVENTIONS.—The right under paragraph of sections for chapter 11 is amended by insert- new subsection:

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.048 pfrm02 PsN: H09PT1 H11784 CONGRESSIONAL RECORD — HOUSE November 9, 1999 ‘‘(e) The term ‘third-party requester’ means a lished for initial examination under the provi- able and incorporated into a patent following person requesting ex parte reexamination under sions of sections 132 and 133. In any inter partes an inter partes reexamination proceeding shall section 302 or inter partes reexamination under reexamination proceeding under this chapter, have the same effect as that specified in section section 311 who is not the patent owner.’’. the patent owner shall be permitted to propose 252 of this title for reissued patents on the right SEC. 4604. OPTIONAL INTER PARTES REEXAMINA- any amendment to the patent and a new claim of any person who made, purchased, or used TION PROCEDURES. or claims, except that no proposed amended or within the United States, or imported into the (a) IN GENERAL.—Part 3 of title 35, United new claim enlarging the scope of the claims of United States, anything patented by such pro- States Code, is amended by adding after chapter the patent shall be permitted. posed amended or new claim, or who made sub- 30 the following new chapter: ‘‘(b) RESPONSE.—(1) This subsection shall stantial preparation therefor, prior to issuance apply to any inter partes reexamination pro- ‘‘CHAPTER 31—OPTIONAL INTER PARTES of a certificate under the provisions of sub- ceeding in which the order for inter partes reex- section (a) of this section. REEXAMINATION PROCEDURES amination is based upon a request by a third- ‘‘Sec. party requester. ‘‘§ 317. Inter partes reexamination prohibited ‘‘311. Request for inter partes reexamination. ‘‘(2) With the exception of the inter partes re- ‘‘(a) ORDER FOR REEXAMINATION.—Notwith- ‘‘312. Determination of issue by Director. examination request, any document filed by ei- standing any provision of this chapter, once an ‘‘313. Inter partes reexamination order by Direc- ther the patent owner or the third-party re- order for inter partes reexamination of a patent tor. quester shall be served on the other party. In has been issued under section 313, neither the ‘‘314. Conduct of inter partes reexamination pro- addition, the third-party requester shall receive patent owner nor the third-party requester, if ceedings. a copy of any communication sent by the Office any, nor privies of either, may file a subsequent ‘‘315. Appeal. to the patent owner concerning the patent sub- request for inter partes reexamination of the ‘‘316. Certificate of patentability, ject to the inter partes reexamination pro- patent until an inter partes reexamination cer- unpatentability, and claim can- ceeding. tificate is issued and published under section cellation. ‘‘(3) Each time that the patent owner files a 316, unless authorized by the Director. ‘‘317. Inter partes reexamination prohibited. response to an action on the merits from the ‘‘318. Stay of litigation. Patent and Trademark Office, the third-party ‘‘(b) FINAL DECISION.—Once a final decision has been entered against a party in a civil ac- ‘‘§ 311. Request for inter partes reexamination requester shall have one opportunity to file written comments addressing issues raised by tion arising in whole or in part under section ‘‘(a) IN GENERAL.—Any person at any time the action of the Office or the patent owner’s re- 1338 of title 28 that the party has not sustained may file a request for inter partes reexamination sponse thereto, if those written comments are re- its burden of proving the invalidity of any pat- by the Office of a patent on the basis of any ceived by the Office within 30 days after the ent claim in suit or if a final decision in an inter prior art cited under the provisions of section date of service of the patent owner’s response. partes reexamination proceeding instituted by a 301. ‘‘(c) SPECIAL DISPATCH.—Unless otherwise third-party requester is favorable to the patent- ‘‘(b) REQUIREMENTS.—The request shall— provided by the Director for good cause, all ability of any original or proposed amended or ‘‘(1) be in writing, include the identity of the inter partes reexamination proceedings under new claim of the patent, then neither that party real party in interest, and be accompanied by this section, including any appeal to the Board nor its privies may thereafter request an inter payment of an inter partes reexamination fee es- of Patent Appeals and Interferences, shall be partes reexamination of any such patent claim tablished by the Director under section 41; and conducted with special dispatch within the Of- on the basis of issues which that party or its ‘‘(2) set forth the pertinency and manner of fice. privies raised or could have raised in such civil applying cited prior art to every claim for which action or inter partes reexamination proceeding, ‘‘§ 315. Appeal reexamination is requested. and an inter partes reexamination requested by ‘‘(c) COPY.—Unless the requesting person is ‘‘(a) PATENT OWNER.—The patent owner in- that party or its privies on the basis of such the owner of the patent, the Director promptly volved in an inter partes reexamination pro- issues may not thereafter be maintained by the shall send a copy of the request to the owner of ceeding under this chapter— Office, notwithstanding any other provision of ‘‘(1) may appeal under the provisions of sec- record of the patent. this chapter. This subsection does not prevent tion 134 and may appeal under the provisions of the assertion of invalidity based on newly dis- ‘‘§ 312. Determination of issue by Director sections 141 through 144, with respect to any de- covered prior art unavailable to the third-party ‘‘(a) REEXAMINATION.—Not later than 3 cision adverse to the patentability of any origi- requester and the Patent and Trademark Office months after the filing of a request for inter nal or proposed amended or new claim of the at the time of the inter partes reexamination partes reexamination under section 311, the Di- patent; and rector shall determine whether a substantial ‘‘(2) may be a party to any appeal taken by a proceedings. new question of patentability affecting any third-party requester under subsection (b). ‘‘§ 318. Stay of litigation claim of the patent concerned is raised by the ‘‘(b) THIRD-PARTY REQUESTER.—A third-party request, with or without consideration of other requester may— ‘‘Once an order for inter partes reexamination patents or printed publications. On the Direc- ‘‘(1) appeal under the provisions of section 134 of a patent has been issued under section 313, tor’s initiative, and at any time, the Director with respect to any final decision favorable to the patent owner may obtain a stay of any may determine whether a substantial new ques- the patentability of any original or proposed pending litigation which involves an issue of tion of patentability is raised by patents and amended or new claim of the patent; or patentability of any claims of the patent which publications. ‘‘(2) be a party to any appeal taken by the are the subject of the inter partes reexamination order, unless the court before which such litiga- ‘‘(b) RECORD.—A record of the Director’s de- patent owner under the provisions of section termination under subsection (a) shall be placed 134, subject to subsection (c). tion is pending determines that a stay would not in the official file of the patent, and a copy ‘‘(c) CIVIL ACTION.—A third-party requester serve the interests of justice.’’. shall be promptly given or mailed to the owner whose request for an inter partes reexamination (b) CONFORMING AMENDMENT.—The table of of record of the patent and to the third-party re- results in an order under section 313 is estopped chapters for part III of title 25, United States quester, if any. from asserting at a later time, in any civil action Code, is amended by striking the item relating to ‘‘(c) FINAL DECISION.—A determination by the arising in whole or in part under section 1338 of chapter 30 and inserting the following: title 28, the invalidity of any claim finally deter- Director under subsection (a) shall be final and ‘‘30. Prior Art Citations to Office and mined to be valid and patentable on any ground non-appealable. Upon a determination that no Ex Parte Reexamination of Pat- which the third-party requester raised or could substantial new question of patentability has ents ...... 301 been raised, the Director may refund a portion have raised during the inter partes reexamina- ‘‘31. Optional Inter Partes Reexamina- of the inter partes reexamination fee required tion proceedings. This subsection does not pre- tion of Patents ...... 311’’. under section 311. vent the assertion of invalidity based on newly discovered prior art unavailable to the third- ‘‘§ 313. Inter partes reexamination order by Di- SEC. 4605. CONFORMING AMENDMENTS. party requester and the Patent and Trademark rector Office at the time of the inter partes reexamina- (a) PATENT FEES; PATENT SEARCH SYSTEMS.— ‘‘If, in a determination made under section tion proceedings. Section 41(a)(7) of title 35, United States Code, 312(a), the Director finds that a substantial new ‘‘§ 316. Certificate of patentability, is amended to read as follows: question of patentability affecting a claim of a unpatentability, and claim cancellation ‘‘(7) On filing each petition for the revival of patent is raised, the determination shall include ‘‘(a) IN GENERAL.—In an inter partes reexam- an unintentionally abandoned application for a an order for inter partes reexamination of the patent, for the unintentionally delayed payment patent for resolution of the question. The order ination proceeding under this chapter, when the time for appeal has expired or any appeal proof the fee for issuing each patent, or for an un- may be accompanied by the initial action of the intentionally delayed response by the patent Patent and Trademark Office on the merits of ceeding has terminated, the Director shall issue and publish a certificate canceling any claim of owner in any reexamination proceeding, $1,210, the inter partes reexamination conducted in ac- unless the petition is filed under section 133 or cordance with section 314. the patent finally determined to be unpatentable, confirming any claim of the pat- 151 of this title, in which case the fee shall be ‘‘§ 314. Conduct of inter partes reexamination ent determined to be patentable, and incor- $110.’’. proceedings porating in the patent any proposed amended or (b) APPEAL TO THE BOARD OF PATENTS AP- ‘‘(a) IN GENERAL.—Except as otherwise pro- new claim determined to be patentable. PEALS AND INTERFERENCES.—Section 134 of title vided in this section, reexamination shall be ‘‘(b) AMENDED OR NEW CLAIM.—Any proposed 35, United States Code, is amended to read as conducted according to the procedures estab- amended or new claim determined to be patent- follows:

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.051 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11785 ‘‘§ 134. Appeal to the Board of Patent Appeals CHAPTER 1—UNITED STATES PATENT AND ‘‘(E) shall recognize the public interest in con- and Interferences TRADEMARK OFFICE tinuing to safeguard broad access to the United ‘‘(a) PATENT APPLICANT.—An applicant for a SEC. 4711. ESTABLISHMENT OF PATENT AND States patent system through the reduced fee patent, any of whose claims has been twice re- TRADEMARK OFFICE. structure for small entities under section jected, may appeal from the decision of the ad- Section 1 of title 35, United States Code, is 41(h)(1) of this title; and ministrative patent judge to the Board of Patent amended to read as follows: ‘‘(F) provide for the development of a performance-based process that includes quantitative Appeals and Interferences, having once paid the ‘‘§ 1. Establishment fee for such appeal. and qualitative measures and standards for ‘‘(a) ESTABLISHMENT.—The United States Pat- ‘‘(b) PATENT OWNER.—A patent owner in any evaluating cost-effectiveness and is consistent ent and Trademark Office is established as an reexamination proceeding may appeal from the with the principles of impartiality and competi- agency of the United States, within the Depart- final rejection of any claim by the administra- tiveness; ment of Commerce. In carrying out its functions, tive patent judge to the Board of Patent Appeals ‘‘(3) may acquire, construct, purchase, lease, the United States Patent and Trademark Office and Interferences, having once paid the fee for hold, manage, operate, improve, alter, and ren- shall be subject to the policy direction of the such appeal. ovate any real, personal, or mixed property, or ‘‘(c) THIRD-PARTY.—A third-party requester Secretary of Commerce, but otherwise shall re- any interest therein, as it considers necessary to in an inter partes proceeding may appeal to the tain responsibility for decisions regarding the carry out its functions; Board of Patent Appeals and Interferences from management and administration of its oper- ‘‘(4)(A) may make such purchases, contracts the final decision of the administrative patent ations and shall exercise independent control of for the construction, maintenance, or manage- judge favorable to the patentability of any origi- its budget allocations and expenditures, per- ment and operation of facilities, and contracts nal or proposed amended or new claim of a pat- sonnel decisions and processes, procurements, for supplies or services, without regard to the ent, having once paid the fee for such appeal. and other administrative and management func- provisions of the Federal Property and Adminis- The third-party requester may not appeal the tions in accordance with this title and applica- trative Services Act of 1949 (40 U.S.C. 471 et decision of the Board of Patent Appeals and ble provisions of law. Those operations designed seq.), the Public Buildings Act (40 U.S.C. 601 et Interferences.’’. to grant and issue patents and those operations seq.), and the Stewart B. McKinney Homeless (c) APPEAL TO COURT OF APPEALS FOR THE which are designed to facilitate the registration Assistance Act (42 U.S.C. 11301 et seq.); and FEDERAL CIRCUIT.—Section 141 of title 35, of trademarks shall be treated as separate oper- ‘‘(B) may enter into and perform such pur- United States Code, is amended by adding the ating units within the Office. chases and contracts for printing services, in- following after the second sentence: ‘‘A patent ‘‘(b) OFFICES.—The United States Patent and cluding the process of composition, platemaking, owner in any reexamination proceeding dissatis- Trademark Office shall maintain its principal presswork, silk screen processes, binding, fied with the final decision in an appeal to the office in the metropolitan Washington, DC, microform, and the products of such processes, Board of Patent Appeals and Interferences area, for the service of process and papers and as it considers necessary to carry out the func- under section 134 may appeal the decision only for the purpose of carrying out its functions. tions of the Office, without regard to sections to the United States Court of Appeals for the The United States Patent and Trademark Office 501 through 517 and 1101 through 1123 of title Federal Circuit.’’. shall be deemed, for purposes of venue in civil 44; (d) PROCEEDINGS ON APPEAL.—Section 143 of actions, to be a resident of the district in which ‘‘(5) may use, with their consent, services, title 35, United States Code, is amended by its principal office is located, except where juris- equipment, personnel, and facilities of other de- amending the third sentence to read as follows: diction is otherwise provided by law. The United partments, agencies, and instrumentalities of ‘‘In any reexamination case, the Director shall States Patent and Trademark Office may estab- the Federal Government, on a reimbursable submit to the court in writing the grounds for lish satellite offices in such other places in the basis, and cooperate with such other depart- the decision of the Patent and Trademark Of- United States as it considers necessary and ap- ments, agencies, and instrumentalities in the es- fice, addressing all the issues involved in the appropriate in the conduct of its business. tablishment and use of services, equipment, and peal.’’. ‘‘(c) REFERENCE.—For purposes of this title, facilities of the Office; (e) CIVIL ACTION TO OBTAIN PATENT.—Section the United States Patent and Trademark Office ‘‘(6) may, when the Director determines that it 145 of title 35, United States Code, is amended in shall also be referred to as the ‘Office’ and the is practicable, efficient, and cost-effective to do the first sentence by inserting ‘‘(a)’’ after ‘‘sec- ‘Patent and Trademark Office’.’’. so, use, with the consent of the United States tion 134’’. SEC. 4712. POWERS AND DUTIES. and the agency, instrumentality, patent and SEC. 4606. REPORT TO CONGRESS. Section 2 of title 35, United States Code, is trademark office, or international organization Not later than 5 years after the date of the en- amended to read as follows: concerned, the services, records, facilities, or actment of this Act, the Under Secretary of personnel of any State or local government ‘‘§ 2. Powers and duties Commerce for Intellectual Property and Director agency or instrumentality or foreign patent and of the United States Patent and Trademark Of- ‘‘(a) IN GENERAL.—The United States Patent trademark office or international organization fice shall submit to the Congress a report evalu- and Trademark Office, subject to the policy di- to perform functions on its behalf; ating whether the inter partes reexamination rection of the Secretary of Commerce— ‘‘(7) may retain and use all of its revenues proceedings established under the amendments ‘‘(1) shall be responsible for the granting and and receipts, including revenues from the sale, made by this subtitle are inequitable to any of issuing of patents and the registration of trade- lease, or disposal of any real, personal, or mixed the parties in interest and, if so, the report shall marks; and property, or any interest therein, of the Office; contain recommendations for changes to the ‘‘(2) shall be responsible for disseminating to ‘‘(8) shall advise the President, through the amendments made by this subtitle to remove the public information with respect to patents Secretary of Commerce, on national and certain such inequity. and trademarks. international intellectual property policy issues; ‘‘(b) SPECIFIC POWERS.—The Office— ‘‘(9) shall advise Federal departments and SEC. 4607. ESTOPPEL EFFECT OF REEXAMINA- ‘‘(1) shall adopt and use a seal of the Office, TION. agencies on matters of intellectual property pol- Any party who requests an inter partes reex- which shall be judicially noticed and with icy in the United States and intellectual prop- amination under section 311 of title 35, United which letters patent, certificates of trademark erty protection in other countries; States Code, is estopped from challenging at a registrations, and papers issued by the Office ‘‘(10) shall provide guidance, as appropriate, later time, in any civil action, any fact deter- shall be authenticated; with respect to proposals by agencies to assist ‘‘(2) may establish regulations, not incon- mined during the process of such reexamination, foreign governments and international intergov- sistent with law, which— except with respect to a fact determination later ernmental organizations on matters of intellec- ‘‘(A) shall govern the conduct of proceedings proved to be erroneous based on information un- tual property protection; in the Office; available at the time of the inter partes reexam- ‘‘(11) may conduct programs, studies, or ex- ‘‘(B) shall be made in accordance with section changes of items or services regarding domestic ination decision. If this section is held to be un- 553 of title 5; enforceable, the enforceability of the remainder and international intellectual property law and ‘‘(C) shall facilitate and expedite the proc- the effectiveness of intellectual property protec- of this subtitle or of this title shall not be denied essing of patent applications, particularly those as a result. tion domestically and throughout the world; which can be filed, stored, processed, searched, ‘‘(12)(A) shall advise the Secretary of Com- SEC. 4608. EFFECTIVE DATE. and retrieved electronically, subject to the provi- merce on programs and studies relating to intel- (a) IN GENERAL.—Subject to subsection (b), sions of section 122 relating to the confidential lectual property policy that are conducted, or this subtitle and the amendments made by this status of applications; authorized to be conducted, cooperatively with subtitle shall take effect on the date of enact- ‘‘(D) may govern the recognition and conduct foreign intellectual property offices and inter- ment of this Act and shall apply to any patent of agents, attorneys, or other persons rep- national intergovernmental organizations; and that issues from an original application filed in resenting applicants or other parties before the ‘‘(B) may conduct programs and studies de- the United States on or after that date. Office, and may require them, before being rec- scribed in subparagraph (A); and (b) SECTION 4605(a).—The amendments made ognized as representatives of applicants or other ‘‘(13)(A) in coordination with the Department by section 4605(a) shall take effect on the date persons, to show that they are of good moral of State, may conduct programs and studies co- that is 1 year after the date of enactment of this character and reputation and are possessed of operatively with foreign intellectual property of- Act. the necessary qualifications to render to appli- fices and international intergovernmental orga- Subtitle G—Patent and Trademark Office cants or other persons valuable service, advice, nizations; and SEC. 4701. SHORT TITLE. and assistance in the presentation or prosecu- ‘‘(B) with the concurrence of the Secretary of This subtitle may be cited as the ‘‘Patent and tion of their applications or other business be- State, may authorize the transfer of not to ex- Trademark Office Efficiency Act’’. fore the Office; ceed $100,000 in any year to the Department of

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.052 pfrm02 PsN: H09PT1 H11786 CONGRESSIONAL RECORD — HOUSE November 9, 1999

State for the purpose of making special pay- ‘‘(b) OFFICERS AND EMPLOYEES OF THE OF- them such of the powers vested in the Office as ments to international intergovernmental orga- FICE.— the Director may determine. nizations for studies and programs for advanc- ‘‘(1) DEPUTY UNDER SECRETARY AND DEPUTY The Office shall not be subject to any adminis- ing international cooperation concerning pat- DIRECTOR.—The Secretary of Commerce, upon tratively or statutorily imposed limitation on po- ents, trademarks, and other matters. nomination by the Director, shall appoint a sitions or personnel, and no positions or per- ‘‘(c) CLARIFICATION OF SPECIFIC POWERS.—(1) Deputy Under Secretary of Commerce for Intel- sonnel of the Office shall be taken into account The special payments under subsection lectual Property and Deputy Director of the for purposes of applying any such limitation. (b)(13)(B) shall be in addition to any other pay- United States Patent and Trademark Office who ‘‘(4) TRAINING OF EXAMINERS.—The Office ments or contributions to international organi- shall be vested with the authority to act in the shall submit to the Congress a proposal to pro- zations described in subsection (b)(13)(B) and capacity of the Director in the event of the ab- vide an incentive program to retain as employ- shall not be subject to any limitations imposed sence or incapacity of the Director. The Deputy ees patent and trademark examiners of the pri- by law on the amounts of such other payments Director shall be a citizen of the United States mary examiner grade or higher who are eligible or contributions by the United States Govern- who has a professional background and experi- for retirement, for the sole purpose of training ment. ence in patent or trademark law. patent and trademark examiners. ‘‘(2) Nothing in subsection (b) shall derogate ‘‘(2) COMMISSIONERS.— ‘‘(5) NATIONAL SECURITY POSITIONS.—The Di- from the duties of the Secretary of State or from ‘‘(A) APPOINTMENT AND DUTIES.—The Sec- rector, in consultation with the Director of the the duties of the United States Trade Represent- retary of Commerce shall appoint a Commis- Office of Personnel Management, shall maintain ative as set forth in section 141 of the Trade Act sioner for Patents and a Commissioner for a program for identifying national security posi- of 1974 (19 U.S.C. 2171). Trademarks, without regard to chapter 33, 51, or tions and providing for appropriate security ‘‘(3) Nothing in subsection (b) shall derogate 53 of title 5. The Commissioner for Patents shall clearances, in order to maintain the secrecy of from the duties and functions of the Register of be a citizen of the United States with dem- certain inventions, as described in section 181, Copyrights or otherwise alter current authorities onstrated management ability and professional and to prevent disclosure of sensitive and stra- relating to copyright matters. background and experience in patent law and tegic information in the interest of national se- ‘‘(4) In exercising the Director’s powers under serve for a term of 5 years. The Commissioner curity. paragraphs (3) and (4)(A) of subsection (b), the for Trademarks shall be a citizen of the United ‘‘(c) CONTINUED APPLICABILITY OF TITLE 5.— Director shall consult with the Administrator of States with demonstrated management ability Officers and employees of the Office shall be General Services. and professional background and experience in subject to the provisions of title 5 relating to ‘‘(5) In exercising the Director’s powers and trademark law and serve for a term of 5 years. Federal employees. duties under this section, the Director shall con- The Commissioner for Patents and the Commis- ‘‘(d) ADOPTION OF EXISTING LABOR AGREE- sult with the Register of Copyrights on all copy- sioner for Trademarks shall serve as the chief MENTS.—The Office shall adopt all labor agree- right and related matters. operating officers for the operations of the Of- ments which are in effect, as of the day before ‘‘(d) CONSTRUCTION.—Nothing in this section fice relating to patents and trademarks, respec- the effective date of the Patent and Trademark shall be construed to nullify, void, cancel, or in- tively, and shall be responsible for the manage- Office Efficiency Act, with respect to such Of- terrupt any pending request-for-proposal let or ment and direction of all aspects of the activities fice (as then in effect). contract issued by the General Services Adminis- of the Office that affect the administration of ‘‘(e) CARRYOVER OF PERSONNEL.— tration for the specific purpose of relocating or patent and trademark operations, respectively. ‘‘(1) FROM PTO.—Effective as of the effective leasing space to the United States Patent and The Secretary may reappoint a Commissioner to date of the Patent and Trademark Office Effi- Trademark Office.’’. subsequent terms of 5 years as long as the per- ciency Act, all officers and employees of the SEC. 4713. ORGANIZATION AND MANAGEMENT. formance of the Commissioner as set forth in the Patent and Trademark Office on the day before Section 3 of title 35, United States Code, is performance agreement in subparagraph (B) is such effective date shall become officers and em- amended to read as follows: satisfactory. ployees of the Office, without a break in service. ‘‘(B) SALARY AND PERFORMANCE AGREE- ‘‘(2) OTHER PERSONNEL.—Any individual who, ‘‘§ 3. Officers and employees MENT.—The Commissioners shall be paid an an- on the day before the effective date of the Pat- ‘‘(a) UNDER SECRETARY AND DIRECTOR.— nual rate of basic pay not to exceed the max- ent and Trademark Office Efficiency Act, is an ‘‘(1) IN GENERAL.—The powers and duties of imum rate of basic pay for the Senior Executive officer or employee of the Department of Com- the United States Patent and Trademark Office Service established under section 5382 of title 5, merce (other than an officer or employee under shall be vested in an Under Secretary of Com- including any applicable locality-based com- paragraph (1)) shall be transferred to the Office, merce for Intellectual Property and Director of parability payment that may be authorized as necessary to carry out the purposes of this the United States Patent and Trademark Office under section 5304(h)(2)(C) of title 5. The com- Act, if— (in this title referred to as the ‘Director’), who pensation of the Commissioners shall be consid- ‘‘(A) such individual serves in a position for shall be a citizen of the United States and who ered, for purposes of section 207(c)(2)(A) of title which a major function is the performance of shall be appointed by the President, by and 18, to be the equivalent of that described under work reimbursed by the Patent and Trademark with the advice and consent of the Senate. The clause (ii) of section 207(c)(2)(A) of title 18. In Office, as determined by the Secretary of Com- Director shall be a person who has a profes- addition, the Commissioners may receive a merce; sional background and experience in patent or bonus in an amount of up to, but not in excess ‘‘(B) such individual serves in a position that trademark law. of, 50 percent of the Commissioners’ annual rate performed work in support of the Patent and ‘‘(2) DUTIES.— of basic pay, based upon an evaluation by the Trademark Office during at least half of the in- ‘‘(A) IN GENERAL.—The Director shall be re- Secretary of Commerce, acting through the Di- cumbent’s work time, as determined by the Sec- sponsible for providing policy direction and rector, of the Commissioners’ performance as de- retary of Commerce; or management supervision for the Office and for fined in an annual performance agreement be- ‘‘(C) such transfer would be in the interest of the issuance of patents and the registration of tween the Commissioners and the Secretary. The the Office, as determined by the Secretary of trademarks. The Director shall perform these annual performance agreements shall incor- Commerce in consultation with the Director. duties in a fair, impartial, and equitable man- porate measurable organization and individual Any transfer under this paragraph shall be ef- ner. goals in key operational areas as delineated in fective as of the same effective date as referred ‘‘(B) CONSULTING WITH THE PUBLIC ADVISORY an annual performance plan agreed to by the to in paragraph (1), and shall be made without COMMITTEES.—The Director shall consult with Commissioners and the Secretary. Payment of a a break in service. the Patent Public Advisory Committee estab- bonus under this subparagraph may be made to ‘‘(f) TRANSITION PROVISIONS.— lished in section 5 on a regular basis on matters the Commissioners only to the extent that such ‘‘(1) INTERIM APPOINTMENT OF DIRECTOR.—On relating to the patent operations of the Office, payment does not cause the Commissioners’ or after the effective date of the Patent and shall consult with the Trademark Public Advi- total aggregate compensation in a calendar year Trademark Office Efficiency Act, the President sory Committee established in section 5 on a reg- to equal or exceed the amount of the salary of shall appoint an individual to serve as the Di- ular basis on matters relating to the trademark the Vice President under section 104 of title 3. rector until the date on which a Director quali- operations of the Office, and shall consult with ‘‘(C) REMOVAL.—The Commissioners may be fies under subsection (a). The President shall the respective Public Advisory Committee before removed from office by the Secretary for mis- not make more than one such appointment submitting budgetary proposals to the Office of conduct or nonsatisfactory performance under under this subsection. Management and Budget or changing or pro- the performance agreement described in sub- ‘‘(2) CONTINUATION IN OFFICE OF CERTAIN OF- posing to change patent or trademark user fees paragraph (B), without regard to the provisions FICERS.—(A) The individual serving as the As- or patent or trademark regulations which are of title 5. The Secretary shall provide notifica- sistant Commissioner for Patents on the day be- subject to the requirement to provide notice and tion of any such removal to both Houses of Con- fore the effective date of the Patent and Trade- opportunity for public comment under section gress. mark Office Efficiency Act may serve as the 553 of title 5, as the case may be. ‘‘(3) OTHER OFFICERS AND EMPLOYEES.—The Commissioner for Patents until the date on ‘‘(3) OATH.—The Director shall, before taking Director shall— which a Commissioner for Patents is appointed office, take an oath to discharge faithfully the ‘‘(A) appoint such officers, employees (includ- under subsection (b). duties of the Office. ing attorneys), and agents of the Office as the ‘‘(B) The individual serving as the Assistant ‘‘(4) REMOVAL.—The Director may be removed Director considers necessary to carry out the Commissioner for Trademarks on the day before from office by the President. The President shall functions of the Office; and the effective date of the Patent and Trademark provide notification of any such removal to both ‘‘(B) define the title, authority, and duties of Office Efficiency Act may serve as the Commis- Houses of Congress. such officers and employees and delegate to sioner for Trademarks until the date on which

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.054 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11787

a Commissioner for Trademarks is appointed ‘‘(C) publish the report in the Official Gazette ‘‘(b) DUTIES.—The Board of Patent Appeals under subsection (b).’’. of the United States Patent and Trademark Of- and Interferences shall, on written appeal of an SEC. 4714. PUBLIC ADVISORY COMMITTEES. fice. applicant, review adverse decisions of examiners Chapter 1 of part I of title 35, United States ‘‘(e) COMPENSATION.—Each member of each upon applications for patents and shall deter- Code, is amended by inserting after section 4 the Advisory Committee shall be compensated for mine priority and patentability of invention in following: each day (including travel time) during which interferences declared under section 135(a). such member is attending meetings or con- ‘‘§ 5. Patent and Trademark Office Public Ad- Each appeal and interference shall be heard by ferences of that Advisory Committee or other- visory Committees at least 3 members of the Board, who shall be wise engaged in the business of that Advisory designated by the Director. Only the Board of ‘‘(a) ESTABLISHMENT OF PUBLIC ADVISORY Committee, at the rate which is the daily equiv- Patent Appeals and Interferences may grant COMMITTEES.— alent of the annual rate of basic pay in effect rehearings.’’. ‘‘(1) APPOINTMENT.—The United States Patent for level III of the Executive Schedule under and Trademark Office shall have a Patent Pub- SEC. 4718. ANNUAL REPORT OF DIRECTOR. section 5314 of title 5. While away from such Section 13 of title 35, United States Code, as lic Advisory Committee and a Trademark Public member’s home or regular place of business such Advisory Committee, each of which shall have redesignated by section 4717 of this subtitle, is member shall be allowed travel expenses, includ- amended to read as follows: nine voting members who shall be appointed by ing per diem in lieu of subsistence, as authorized ‘‘§ 13. Annual report to Congress the Secretary of Commerce and serve at the by section 5703 of title 5, United States Code. pleasure of the Secretary of Commerce. Members ‘‘(f) ACCESS TO INFORMATION.—Members of ‘‘The Director shall report to the Congress, of each Public Advisory Committee shall be ap- each Advisory Committee shall be provided ac- not later than 180 days after the end of each fis- pointed for a term of 3 years, except that of the cess to records and information in the United cal year, the moneys received and expended by members first appointed, three shall be ap- States Patent and Trademark Office, except for the Office, the purposes for which the moneys pointed for a term of 1 year, and three shall be personnel or other privileged information and were spent, the quality and quantity of the appointed for a term of 2 years. In making ap- information concerning patent applications re- work of the Office, the nature of training pro- pointments to each Committee, the Secretary of quired to be kept in confidence by section 122. vided to examiners, the evaluation of the Com- Commerce shall consider the risk of loss of com- ‘‘(g) APPLICABILITY OF CERTAIN ETHICS missioner of Patents and the Commissioner of petitive advantage in international commerce or LAWS.—Members of each Advisory Committee Trademarks by the Secretary of Commerce, the other harm to United States companies as a re- shall be special Government employees within compensation of the Commissioners, and other sult of such appointments. the meaning of section 202 of title 18. information relating to the Office.’’. ‘‘(2) CHAIR.—The Secretary shall designate a ‘‘(h) INAPPLICABILITY OF FEDERAL ADVISORY SEC. 4719. SUSPENSION OR EXCLUSION FROM chair of each Advisory Committee, whose term COMMITTEE ACT.—The Federal Advisory Com- PRACTICE. as chair shall be for 3 years. mittee Act (5 U.S.C. App.) shall not apply to Section 32 of title 35, United States Code, is ‘‘(3) TIMING OF APPOINTMENTS.—Initial ap- each Advisory Committee. amended by inserting before the last sentence pointments to each Advisory Committee shall be ‘‘(i) OPEN MEETINGS.—The meetings of each the following: ‘‘The Director shall have the dis- made within 3 months after the effective date of Advisory Committee shall be open to the public, cretion to designate any attorney who is an offi- the Patent and Trademark Office Efficiency except that each Advisory Committee may by cer or employee of the United States Patent and Act. Vacancies shall be filled within 3 months majority vote meet in executive session when Trademark Office to conduct the hearing re- after they occur. considering personnel or other confidential in- quired by this section.’’. ‘‘(b) BASIS FOR APPOINTMENTS.—Members of formation.’’. SEC. 4720. PAY OF DIRECTOR AND DEPUTY each Advisory Committee— SEC. 4715. CONFORMING AMENDMENTS. DIRECTOR. ‘‘(1) shall be citizens of the United States who (a) DUTIES.—Chapter 1 of title 35, United (a) PAY OF DIRECTOR.—Section 5314 of title 5, shall be chosen so as to represent the interests States Code, is amended by striking section 6. United States Code, is amended by striking: of diverse users of the United States Patent and (b) REGULATIONS FOR AGENTS AND ATTOR- ‘‘Assistant Secretary of Commerce and Com- Trademark Office with respect to patents, in the NEYS.—Section 31 of title 35, United States Code, missioner of Patents and Trademarks.’’. case of the Patent Public Advisory Committee, and the item relating to such section in the table and inserting: and with respect to trademarks, in the case of of sections for chapter 3 of title 35, United States ‘‘Under Secretary of Commerce for Intellectual the Trademark Public Advisory Committee; Code, are repealed. Property and Director of the United States Pat- ‘‘(2) shall include members who represent (c) SUSPENSION OR EXCLUSION FROM PRAC- ent and Trademark Office.’’. small and large entity applicants located in the TICE.—Section 32 of title 35, United States Code, (b) PAY OF DEPUTY DIRECTOR.—Section 5315 United States in proportion to the number of ap- is amended by striking ‘‘31’’ and inserting of title 5, United States Code, is amended by plications filed by such applicants, but in no ‘‘2(b)(2)(D)’’. adding at the end the following: case shall members who represent small entity ‘‘Deputy Under Secretary of Commerce for In- patent applicants, including small business con- SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD. tellectual Property and Deputy Director of the cerns, independent inventors, and nonprofit or- Section 17 of the Act of July 5, 1946 (commonly United States Patent and Trademark Office.’’. ganizations, constitute less than 25 percent of referred to as the ‘‘Trademark Act of 1946’’) (15 CHAPTER 2—EFFECTIVE DATE; the members of the Patent Public Advisory Com- U.S.C. 1067) is amended to read as follows: TECHNICAL AMENDMENTS mittee, and such members shall include at least ‘‘SEC. 17. (a) In every case of interference, op- SEC. 4731. EFFECTIVE DATE. one independent inventor; and position to registration, application to register ‘‘(3) shall include individuals with substantial This subtitle and the amendments made by as a lawful concurrent user, or application to background and achievement in finance, man- this subtitle shall take effect 4 months after the cancel the registration of a mark, the Director agement, labor relations, science, technology, date of enactment of this Act. shall give notice to all parties and shall direct a and office automation. Trademark Trial and Appeal Board to determine SEC. 4732. TECHNICAL AND CONFORMING In addition to the voting members, each Advi- AMENDMENTS. and decide the respective rights of registration. sory Committee shall include a representative of (a) AMENDMENTS TO TITLE 35.— ‘‘(b) The Trademark Trial and Appeal Board each labor organization recognized by the (1) The item relating to part I in the table of shall include the Director, the Commissioner for United States Patent and Trademark Office. parts for chapter 35, United States Code, is Patents, the Commissioner for Trademarks, and Such representatives shall be nonvoting mem- amended to read as follows: administrative trademark judges who are ap- bers of the Advisory Committee to which they pointed by the Director.’’. ‘‘I. United States Patent and Trade- are appointed. mark Office ...... 1’’. SEC. 4717. BOARD OF PATENT APPEALS AND ‘‘(c) MEETINGS.—Each Advisory Committee (2) The heading for part I of title 35, United INTERFERENCES. shall meet at the call of the chair to consider an States Code, is amended to read as follows: Chapter 1 of title 35, United States Code, is agenda set by the chair. amended— ‘‘PART I—UNITED STATES PATENT AND ‘‘(d) DUTIES.—Each Advisory Committee (1) by striking section 7 and redesignating sec- TRADEMARK OFFICE’’. shall— tions 8 through 14 as sections 7 through 13, re- (3) The table of chapters for part I of title 35, ‘‘(1) review the policies, goals, performance, spectively; and United States Code, is amended by amending budget, and user fees of the United States Pat- (2) by inserting after section 5 the following: the item relating to chapter 1 to read as follows: ent and Trademark Office with respect to patents, in the case of the Patent Public Advisory ‘‘§ 6. Board of Patent Appeals and Inter- ‘‘1. Establishment, Officers and Em- Committee, and with respect to Trademarks, in ferences ployees, Functions ...... 1’’. the case of the Trademark Public Advisory Com- ‘‘(a) ESTABLISHMENT AND COMPOSITION.— (4) The table of sections for chapter 1 of title mittee, and advise the Director on these matters; There shall be in the United States Patent and 35, United States Code, is amended to read as ‘‘(2) within 60 days after the end of each fiscal Trademark Office a Board of Patent Appeals follows: year— and Interferences. The Director, the Commis- ‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS ‘‘(A) prepare an annual report on the matters sioner for Patents, the Commissioner for Trade- AND EMPLOYEES, FUNCTIONS referred to in paragraph (1); marks, and the administrative patent judges ‘‘(B) transmit the report to the Secretary of shall constitute the Board. The administrative ‘‘Sec. Commerce, the President, and the Committees on patent judges shall be persons of competent ‘‘ 1. Establishment. the Judiciary of the Senate and the House of legal knowledge and scientific ability who are ‘‘ 2. Powers and duties. Representatives; and appointed by the Director. ‘‘ 3. Officers and employees.

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 6343 E:\CR\FM\A09NO7.056 pfrm02 PsN: H09PT1 H11788 CONGRESSIONAL RECORD — HOUSE November 9, 1999 ‘‘ 4. Restrictions on officers and employees as to marks.’’, ‘‘Assistant Commissioner for Patents.’’, (C) by striking ‘‘Commissioner’’ and inserting interest in patents. and ‘‘Assistant Commissioner for Trademarks.’’. ‘‘Director’’. ‘‘ 5. Patent and Trademark Office Public Advi- (5) Section 9(p)(1)(B) of the Small Business (16) Section 1745 of title 28, United States sory Committees. Act (15 U.S.C. 638(p)(1)(B)) is amended to read Code, is amended by striking ‘‘United States ‘‘ 6. Board of Patent Appeals and Interferences. as follows: Patent Office’’ and inserting ‘‘United States ‘‘ 7. Library. ‘‘(B) the Under Secretary of Commerce for In- Patent and Trademark Office’’. ‘‘ 8. Classification of patents. tellectual Property and Director of the United (17) Section 1928 of title 28, United States ‘‘ 9. Certified copies of records. States Patent and Trademark Office; and’’. Code, is amended by striking ‘‘Patent Office’’ ‘‘10. Publications. (6) Section 12 of the Act of February 14, 1903 and inserting ‘‘United States Patent and Trade- ‘‘11. Exchange of copies of patents and applica- (15 U.S.C. 1511) is amended— mark Office’’. tions with foreign countries. (A) by striking ‘‘(d) Patent and Trademark (18) Section 151 of the Atomic Energy Act of ‘‘12. Copies of patents and applications for Office;’’ and inserting: 1954 (42 U.S.C. 2181) is amended in subsections public libraries. ‘‘(4) United States Patent and Trademark Of- c. and d. by striking ‘‘Commissioner of Patents’’ ‘‘13. Annual report to Congress.’’. fice’’; and and inserting ‘‘Under Secretary of Commerce for (5) Section 41(h) of title 35, United States (B) by redesignating subsections (a), (b), (c), Intellectual Property and Director of the United Code, is amended by striking ‘‘Commissioner of (e), (f), and (g) as paragraphs (1), (2), (3), (5), States Patent and Trademark Office’’. Patents and Trademarks’’ and inserting ‘‘Direc- (6), and (7), respectively and indenting the (19) Section 152 of the Atomic Energy Act of tor’’. paragraphs as so redesignated 2 ems to the 1954 (42 U.S.C. 2182) is amended by striking (6) Section 155 of title 35, United States Code, right. ‘‘Commissioner of Patents’’ each place it ap- is amended by striking ‘‘Commissioner of Pat- (7) Section 19 of the Tennessee Valley Author- pears and inserting ‘‘Under Secretary of Com- ents and Trademarks’’ and inserting ‘‘Direc- ity Act of 1933 (16 U.S.C. 831r) is amended— merce for Intellectual Property and Director of tor’’. (A) by striking ‘‘Patent Office of the United the United States Patent and Trademark Of- (7) Section 155A(c) of title 35, United States States’’ and inserting ‘‘United States Patent fice’’. Code, is amended by striking ‘‘Commissioner of and Trademark Office’’; and (20) Section 305 of the National Aeronautics Patents and Trademarks’’ and inserting ‘‘Direc- (B) by striking ‘‘Commissioner of Patents’’ and Space Act of 1958 (42 U.S.C. 2457) is tor’’. and inserting ‘‘Under Secretary of Commerce for amended— (8) Section 302 of title 35, United States Code, Intellectual Property and Director of the United (A) in subsection (c) by striking ‘‘Commis- is amended by striking ‘‘Commissioner of Pat- States Patent and Trademark Office’’. sioner of Patents’’ and inserting ‘‘Under Sec- (8) Section 182(b)(2)(A) of the Trade Act of ents’’ and inserting ‘‘Director’’. retary of Commerce for Intellectual Property (9)(A) Section 303 of title 35, United States 1974 (19 U.S.C. 2242(b)(2)(A)) is amended by and Director of the United States Patent and Code, is amended— striking ‘‘Commissioner of Patents and Trade- Trademark Office (hereafter in this section remarks’’ and inserting ‘‘Under Secretary of Com- (i) in the section heading by striking ‘‘Com- ferred to as the ‘Director’)’’; and merce for Intellectual Property and Director of missioner’’ and inserting ‘‘Director’’; and (B) by striking ‘‘Commissioner’’ each subse- (ii) by striking ‘‘Commissioner’s’’ and insert- the United States Patent and Trademark Of- quent place it appears and inserting ‘‘Director’’. ing ‘‘Director’s’’. fice’’. (21) Section 12(a) of the Solar Heating and (B) The item relating to section 303 in the (9) Section 302(b)(2)(D) of the Trade Act of Cooling Demonstration Act of 1974 (42 U.S.C. table of sections for chapter 30 of title 35, United 1974 (19 U.S.C. 2412(b)(2)(D)) is amended by 5510(a)) is amended by striking ‘‘Commissioner States Code, is amended by striking ‘‘Commis- striking ‘‘Commissioner of Patents and Trade- of the Patent Office’’ and inserting ‘‘Under Sec- sioner’’ and inserting ‘‘Director’’. marks’’ and inserting ‘‘Under Secretary of Com- retary of Commerce for Intellectual Property (10)(A) Except as provided in subparagraph merce for Intellectual Property and Director of and Director of the United States Patent and (B), title 35, United States Code, is amended by the United States Patent and Trademark Of- Trademark Office’’. striking ‘‘Commissioner’’ each place it appears fice’’. (22) Section 1111 of title 44, United States (10) The Act of April 12, 1892 (27 Stat. 395; 20 and inserting ‘‘Director’’. Code, is amended by striking ‘‘the Commissioner U.S.C. 91) is amended by striking ‘‘Patent Of- (B) Chapter 17 of title 35, United States Code, of Patents,’’. fice’’ and inserting ‘‘United States Patent and is amended by striking ‘‘Commissioner’’ each (23) Section 1114 of title 44, United States Trademark Office’’. place it appears and inserting ‘‘Commissioner of Code, is amended by striking ‘‘the Commissioner (11) Sections 505(m) and 512(o) of the Federal Patents’’. of Patents,’’. Food, Drug, and Cosmetic Act (21 U.S.C. 355(m) (11) Section 157(d) of title 35, United States (24) Section 1123 of title 44, United States and 360b(o)) are each amended by striking ‘‘Pat- Code, is amended by striking ‘‘Secretary of Com- Code, is amended by striking ‘‘the Patent Of- ent and Trademark Office of the Department of merce’’ and inserting ‘‘Director’’. fice,’’. Commerce’’ and inserting ‘‘United States Patent (12) Section 202(a) of title 35, United States (25) Sections 1337 and 1338 of title 44, United and Trademark Office’’. Code, is amended— States Code, and the items relating to those sec- (12) Section 702(d) of the Federal Food, Drug, (A) by striking ‘‘iv)’’ and inserting ‘‘(iv)’’; and tions in the table of contents for chapter 13 of and Cosmetic Act (21 U.S.C. 372(d)) is amended (B) by striking the second period after ‘‘De- such title, are repealed. by striking ‘‘Commissioner of Patents’’ and in- partment of Energy’’ at the end of the first sen- (26) Section 10(i) of the Trading with the serting ‘‘Under Secretary of Commerce for Intel- tence. enemy Act (50 U.S.C. App. 10(i)) is amended by lectual Property and Director of the United (b) OTHER PROVISIONS OF LAW.— striking ‘‘Commissioner of Patents’’ and insert- States Patent and Trademark Office’’ and by (1)(A) Section 45 of the Act of July 5, 1946 ing ‘‘Under Secretary of Commerce for Intellec- striking ‘‘Commissioner’’ and inserting ‘‘Direc- (commonly referred to as the ‘‘Trademark Act of tual Property and Director of the United States tor’’. 1946’’; 15 U.S.C. 1127), is amended by striking Patent and Trademark Office’’. (13) Section 105(e) of the Federal Alcohol Ad- ‘‘The term ‘Commissioner’’ means the Commis- CHAPTER 3—MISCELLANEOUS ministration Act (27 U.S.C. 205(e)) is amended sioner of Patents and Trademarks.’ and insert- PROVISIONS by striking ‘‘United States Patent Office’’ and ing ‘‘The term ‘Director’ means the Under Sec- inserting ‘‘United States Patent and Trademark SEC. 4741. REFERENCES. retary of Commerce for Intellectual Property Office’’. (a) IN GENERAL.—Any reference in any other and Director of the United States Patent and (14) Section 1295(a)(4) of title 28, United States Federal law, Executive order, rule, regulation, Trademark Office.’’. Code, is amended— or delegation of authority, or any document of (B) The Act of July 5, 1946 (commonly referred (A) in subparagraph (A) by inserting ‘‘United or pertaining to a department or office from to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. States’’ before ‘‘Patent and Trademark’’; and which a function is transferred by this 1051 and following), except for section 17, as (B) in subparagraph (B) by striking ‘‘Commis- subtitle— amended by 4716 of this subtitle, is amended by sioner of Patents and Trademarks’’ and insert- (1) to the head of such department or office is striking ‘‘Commissioner’’ each place it appears ing ‘‘Under Secretary of Commerce for Intellec- deemed to refer to the head of the department or and inserting ‘‘Director’’. tual Property and Director of the United States office to which such function is transferred; or (C) Sections 8(e) and 9(b) of the Trademark Patent and Trademark Office’’. (2) to such department or office is deemed to Act of 1946 are each amended by striking ‘‘Com- (15) Chapter 115 of title 28, United States refer to the department or office to which such missioner’’ and inserting ‘‘Director’’. Code, is amended— function is transferred. (2) Section 500(e) of title 5, United States (A) in the item relating to section 1744 in the (b) SPECIFIC REFERENCES.—Any reference in Code, is amended by striking ‘‘Patent Office’’ table of sections by striking ‘‘Patent Office’’ and any other Federal law, Executive order, rule, and inserting ‘‘United States Patent and Trade- inserting ‘‘United States Patent and Trademark regulation, or delegation of authority, or any mark Office’’. Office’’; document of or pertaining to the Patent and (3) Section 5102(c)(23) of title 5, United States (B) in section 1744— Trademark Office— Code, is amended to read as follows: (i) by striking ‘‘Patent Office’’ each place it (1) to the Commissioner of Patents and Trade- ‘‘(23) administrative patent judges and des- appears in the text and section heading and in- marks is deemed to refer to the Under Secretary ignated administrative patent judges in the serting ‘‘United States Patent and Trademark of Commerce for Intellectual Property and Di- United States Patent and Trademark Office;’’. Office’’; and rector of the United States Patent and Trade- (4) Section 5316 of title 5, United States Code (ii) by striking ‘‘Commissioner of Patents’’ mark Office; (5 U.S.C. 5316) is amended by striking ‘‘Commis- and inserting ‘‘Under Secretary of Commerce for (2) to the Assistant Commissioner for Patents sioner of Patents, Department of Commerce.’’, Intellectual Property and Director of the United is deemed to refer to the Commissioner for Pat- ‘‘Deputy Commissioner of Patents and Trade- States Patent and Trademark Office’’; and ents; or

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.058 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11789 (3) to the Assistant Commissioner for Trade- SEC. 4744. TRANSFER OF ASSETS. Subtitle H—Miscellaneous Patent Provisions marks is deemed to refer to the Commissioner for Except as otherwise provided in this subtitle, SEC. 4801. PROVISIONAL APPLICATIONS. Trademarks. so much of the personnel, property, records, and (a) ABANDONMENT.—Section 111(b)(5) of title SEC. 4742. EXERCISE OF AUTHORITIES. unexpended balances of appropriations, alloca- 35, United States Code, is amended to read as Except as otherwise provided by law, a Fed- tions, and other funds employed, used, held, follows: eral official to whom a function is transferred available, or to be made available in connection ‘‘(5) ABANDONMENT.—Notwithstanding the ab- by this subtitle may, for purposes of performing with a function transferred to an official or sence of a claim, upon timely request and as the function, exercise all authorities under any agency by this subtitle shall be available to the prescribed by the Director, a provisional appli- other provision of law that were available with official or the head of that agency, respectively, cation may be treated as an application filed respect to the performance of that function to at such time or times as the Director of the Of- under subsection (a). Subject to section 119(e)(3) the official responsible for the performance of fice of Management and Budget directs for use of this title, if no such request is made, the pro- the function immediately before the effective in connection with the functions transferred. visional application shall be regarded as aban- date of the transfer of the function under this SEC. 4745. DELEGATION AND ASSIGNMENT. doned 12 months after the filing date of such subtitle. application and shall not be subject to revival SEC. 4743. SAVINGS PROVISIONS. Except as otherwise expressly prohibited by after such 12-month period.’’. (a) LEGAL DOCUMENTS.—All orders, deter- law or otherwise provided in this subtitle, an of- (b) TECHNICAL AMENDMENT RELATING TO minations, rules, regulations, permits, grants, ficial to whom functions are transferred under WEEKENDS AND HOLIDAYS.—Section 119(e) of loans, contracts, agreements, certificates, li- this subtitle (including the head of any office to title 35, United States Code, is amended by add- censes, and privileges— which functions are transferred under this sub- ing at the end the following: (1) that have been issued, made, granted, or title) may delegate any of the functions so ‘‘(3) If the day that is 12 months after the fil- allowed to become effective by the President, the transferred to such officers and employees of the ing date of a provisional application falls on a Secretary of Commerce, any officer or employee office of the official as the official may des- Saturday, Sunday, or Federal holiday within of any office transferred by this subtitle, or any ignate, and may authorize successive redelega- the District of Columbia, the period of pendency other Government official, or by a court of com- tions of such functions as may be necessary or of the provisional application shall be extended petent jurisdiction, in the performance of any appropriate. No delegation of functions under to the next succeeding secular or business day.’’. function that is transferred by this subtitle; and this section or under any other provision of this (c) ELIMINATION OF COPENDENCY REQUIRE- (2) that are in effect on the effective date of subtitle shall relieve the official to whom a func- MENT.—Section 119(e)(2) of title 35, United such transfer (or become effective after such tion is transferred under this subtitle of respon- States Code, is amended by striking ‘‘and the date pursuant to their terms as in effect on such sibility for the administration of the function. provisional application was pending on the fil- effective date), shall continue in effect accord- SEC. 4746. AUTHORITY OF DIRECTOR OF THE OF- ing date of the application for patent under sec- ing to their terms until modified, terminated, su- FICE OF MANAGEMENT AND BUDGET tion 111(a) or section 363 of this title’’. perseded, set aside, or revoked in accordance WITH RESPECT TO FUNCTIONS (d) EFFECTIVE DATE.—The amendments made with law by the President, any other authorized TRANSFERRED. by this section shall take effect on the date of official, a court of competent jurisdiction, or op- (a) DETERMINATIONS.—If necessary, the Direc- enactment of this Act and shall apply to any eration of law. tor of the Office of Management and Budget provisional application filed on or after June 8, (b) PROCEEDINGS.—This subtitle shall not af- shall make any determination of the functions 1995, except that the amendments made by sub- fect any proceedings or any application for any that are transferred under this subtitle. sections (b) and (c) shall have no effect with re- benefits, service, license, permit, certificate, or spect to any patent which is the subject of liti- (b) INCIDENTAL TRANSFERS.—The Director of financial assistance pending on the effective gation in an action commenced before such date date of this subtitle before an office transferred the Office of Management and Budget, at such time or times as the Director shall provide, may of enactment. by this subtitle, but such proceedings and appli- SEC. 4802. INTERNATIONAL APPLICATIONS. cations shall be continued. Orders shall be make such determinations as may be necessary with regard to the functions transferred by this Section 119 of title 35, United States Code, is issued in such proceedings, appeals shall be amended as follows: taken therefrom, and payments shall be made subtitle, and to make such additional incidental dispositions of personnel, assets, liabilities, (1) In subsection (a), insert ‘‘or in a WTO pursuant to such orders, as if this subtitle had member country,’’ after ‘‘or citizens of the not been enacted, and orders issued in any such grants, contracts, property, records, and unexpended balances of appropriations, authoriza- United States,’’. proceeding shall continue in effect until modi- (2) At the end of section 119 add the following fied, terminated, superseded, or revoked by a tions, allocations, and other funds held, used, arising from, available to, or to be made avail- new subsections: duly authorized official, by a court of competent ‘‘(f) Applications for plant breeder’s rights able in connection with such functions, as may jurisdiction, or by operation of law. Nothing in filed in a WTO member country (or in a foreign be necessary to carry out the provisions of this this subsection shall be considered to prohibit UPOV Contracting Party) shall have the same subtitle. The Director shall provide for the ter- the discontinuance or modification of any such effect for the purpose of the right of priority mination of the affairs of all entities terminated proceeding under the same terms and conditions under subsections (a) through (c) of this section by this subtitle and for such further measures and to the same extent that such proceeding as applications for patents, subject to the same and dispositions as may be necessary to effec- could have been discontinued or modified if this conditions and requirements of this section as tuate the purposes of this subtitle. subtitle had not been enacted. apply to applications for patents. (c) SUITS.—This subtitle shall not affect suits SEC. 4747. CERTAIN VESTING OF FUNCTIONS ‘‘(g) As used in this section— commenced before the effective date of this sub- CONSIDERED TRANSFERS. ‘‘(1) the term ‘WTO member country’ has the title, and in all such suits, proceedings shall be For purposes of this subtitle, the vesting of a same meaning as the term is defined in section had, appeals taken, and judgments rendered in function in a department or office pursuant to 104(b)(2) of this title; and the same manner and with the same effect as if reestablishment of an office shall be considered ‘‘(2) the term ‘UPOV Contracting Party’ this subtitle had not been enacted. to be the transfer of the function. means a member of the International Conven- (d) NONABATEMENT OF ACTIONS.—No suit, action for the Protection of New Varieties of SEC. 4748. AVAILABILITY OF EXISTING FUNDS. tion, or other proceeding commenced by or Plants.’’. against the Department of Commerce or the Sec- Existing appropriations and funds available SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES retary of Commerce, or by or against any indi- for the performance of functions, programs, and FOR PATENT INFRINGEMENT NOT vidual in the official capacity of such individual activities terminated pursuant to this subtitle APPLICABLE. as an officer or employee of an office transferred shall remain available, for the duration of their Section 287(c)(4) of title 35, United States by this subtitle, shall abate by reason of the en- period of availability, for necessary expenses in Code, is amended by striking ‘‘before the date of actment of this subtitle. connection with the termination and resolution enactment of this subsection’’ and inserting (e) CONTINUANCE OF SUITS.—If any Govern- of such functions, programs, and activities, sub- ‘‘based on an application the earliest effective ment officer in the official capacity of such offi- ject to the submission of a plan to the Commit- filing date of which is prior to September 30, cer is party to a suit with respect to a function tees on Appropriations of the House and Senate 1996’’. of the officer, and under this subtitle such func- in accordance with the procedures set forth in SEC. 4804. ELECTRONIC FILING AND PUBLICA- tion is transferred to any other officer or office, section 605 of the Departments of Commerce, TIONS. then such suit shall be continued with the other Justice, and State, the Judiciary, and Related (a) PRINTING OF PAPERS FILED.—Section 22 of officer or the head of such other office, as appli- Agencies Appropriations Act, 1999, as contained title 35, United States Code, is amended by strik- cable, substituted or added as a party. in Public Law 105–277. ing ‘‘printed or typewritten’’ and inserting DMINISTRATIVE ROCEDURE AND UDICIAL (f) A P J SEC. 4749. DEFINITIONS. ‘‘printed, typewritten, or on an electronic me- REVIEW.—Except as otherwise provided by this dium’’. For purposes of this subtitle— subtitle, any statutory requirements relating to (b) PUBLICATIONS.—Section 11(a) of title 35, notice, hearings, action upon the record, or ad- (1) the term ‘‘function’’ includes any duty, ob- United States Code, is amended by amending ministrative or judicial review that apply to any ligation, power, authority, responsibility, right, the matter preceding paragraph 1 to read as fol- function transferred by this subtitle shall apply privilege, activity, or program; and lows: to the exercise of such function by the head of (2) the term ‘‘office’’ includes any office, ad- ‘‘(a) The Director may publish in printed, the Federal agency, and other officers of the ministration, agency, bureau, institute, council, typewritten, or electronic form, the following:’’. agency, to which such function is transferred by unit, organizational entity, or component there- (c) COPIES OF PATENTS FOR PUBLIC LIBRAR- this subtitle. of. IES.—Section 13 of title 35, United States Code,

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is amended by striking ‘‘printed copies of speci- for patent filed on or after the date of enact- ‘‘(2) MEETINGS.—Any meetings held by the fications and drawings of patents’’ and insert- ment of this Act. Commission shall be duly noticed at least 14 ing ‘‘copies of specifications and drawings of SEC. 4808. EXCHANGE OF COPIES OF PATENTS days in advance and shall be open to the public. patents in printed or electronic form’’. WITH FOREIGN COUNTRIES. ‘‘(3) OPPORTUNITIES TO TESTIFY.—The Com- (d) MAINTENANCE OF COLLECTIONS.— Section 12 of title 35, United States Code, is mission shall provide opportunities for rep- (1) ELECTRONIC COLLECTIONS.—Section 41(i)(1) amended by adding at the end the following: resentatives of the general public to testify. of title 35, United States Code, is amended by ‘‘The Director shall not enter into an agreement ‘‘(4) ADDITIONAL RULES.—The Commission striking ‘‘paper or microform’’ and inserting to provide such copies of specifications and may adopt other rules as necessary to carry out ‘‘paper, microform, or electronic’’. drawings of United States patents and applica- this section.’’. (2) CONTINUATION OF MAINTENANCE.—The tions to a foreign country, other than a NAFTA SEC. 5002. PRIVACY PROTECTION FOR DONORS Under Secretary of Commerce for Intellectual country or a WTO member country, without the TO PUBLIC BROADCASTING ENTI- Property and Director of the United States Pat- express authorization of the Secretary of Com- TIES. ent and Trademark Office shall not, pursuant to merce. For purposes of this section, the terms (a) AMENDMENT.—Section 396(k) of the Com- the amendment made by paragraph (1), cease to ‘NAFTA country’ and ‘WTO member country’ munications Act of 1934 (47 U.S.C. 396(k)) is maintain, for use by the public, paper or have the meanings given those terms in section amended by adding at the end the following microform collections of United States patents, 104(b).’’. new paragraph: foreign patent documents, and United States ‘‘(12) Funds may not be distributed under this TITLE V—MISCELLANEOUS PROVISIONS trademark registrations, except pursuant to no- subsection to any public broadcasting entity tice and opportunity for public comment and ex- SEC. 5001. COMMISSION ON ONLINE CHILD PRO- that directly or indirectly— cept that the Director shall first submit a report TECTION. ‘‘(A) rents contributor or donor names (or to the Committees on the Judiciary of the Senate (a) REFERENCES.—Wherever in this section an other personally identifiable information) to or and the House of Representatives detailing such amendment is expressed in terms of an amend- from, or exchanges such names or information plan, including a description of the mechanisms ment to any provision, the reference shall be with, any Federal, State, or local candidate, po- in place to ensure the integrity of such collec- considered to be made to such provision of sec- litical party, or political committee; or tions and the data contained therein, as well as tion 1405 of the Child Online Protection Act (47 ‘‘(B) discloses contributor or donor names, or to ensure prompt public access to the most cur- U.S.C. 231 note). other personally identifiable information, to any (b) MEMBERSHIP.—Subsection (b) is rent available information, and certifying that nonaffiliated third party unless— amended— ‘‘(i) such entity clearly and conspicuously dis- the implementation of such plan will not nega- (1) by striking paragraph (1) and inserting the closes to the contributor or donor that such in- tively impact the public. following new paragraph: formation may be disclosed to such third party; SEC. 4805. STUDY AND REPORT ON BIOLOGICAL ‘‘(1) INDUSTRY MEMBERS.—The Commission ‘‘(ii) the contributor or donor is given the op- DEPOSITS IN SUPPORT OF BIO- portunity, before the time that such information TECHNOLOGY PATENTS. shall include 16 members who shall consist of representatives of— is initially disclosed, to direct that such infor- (a) IN GENERAL.—Not later than 6 months ‘‘(A) providers of Internet filtering or blocking after the date of enactment of this Act, the mation not be disclosed to such third party; and services or software; ‘‘(iii) the contributor or donor is given an ex- Comptroller General of the United States, in ‘‘(B) Internet access services; planation of how the contributor or donor may consultation with the Under Secretary of Com- ‘‘(C) labeling or ratings services; exercise that nondisclosure option.’’. merce for Intellectual Property and Director of ‘‘(D) Internet portal or search services; (b) EFFECTIVE DATE.—The amendment made the United States Patent and Trademark Office, ‘‘(E) domain name registration services; by subsection (a) shall apply with respect to shall conduct a study and submit a report to ‘‘(F) academic experts; and funds distributed on or after 6 months after the Congress on the potential risks to the United ‘‘(G) providers that make content available date of enactment of this Act. 33 States biotechnology industry relating to bio- over the Internet. SEC. 5003. COMPLETION OF BIENNIAL REGU- logical deposits in support of biotechnology pat- Of the members of the Commission by reason of LATORY REVIEW. ents. this paragraph, an equal number shall be ap- Within 180 days after the date of enactment of (b) CONTENTS.—The study conducted under pointed by the Speaker of the House of Rep- this Act, the Federal Communications Commis- this section shall include— resentatives and by the Majority Leader of the sion shall complete the first biennial review re- (1) an examination of the risk of export and Senate. Members of the Commission appointed quired by section 202(h) of the Telecommuni- the risk of transfers to third parties of biological on or before October 31, 1999, shall remain mem- cations Act of 1996 (Public Law 104–104; 110 deposits, and the risks posed by the change to bers.’’; and Stat. 111). 18-month publication requirements made by this (2) by adding at the end the following new subtitle; SEC. 5004. PUBLIC BROADCASTING ENTITIES. paragraph: (a) CIVIL REMITTANCE OF DAMAGES.—Section (2) an analysis of comparative legal and regu- ‘‘(3) PROHIBITION OF PAY.—Members of the latory regimes; and 1203(c)(5)(B) of title 17, United States Code, is Commission shall not receive any pay by reason amended to read as follows: (3) any related recommendations. of their membership on the Commission.’’. (c) CONSIDERATION OF REPORT.—In drafting ‘‘(B) NONPROFIT LIBRARY, ARCHIVES, EDU- (c) EXTENSION OF REPORTING DEADLINE.—The CATIONAL INSTITUTIONS, OR PUBLIC BROAD- regulations affecting biological deposits (includ- matter in subsection (d) that precedes para- ing any modification of title 37, Code of Federal CASTING ENTITIES.— graph (1) is amended by striking ‘‘1 year’’ and ‘‘(i) DEFINITION.—In this subparagraph, the Regulations, section 1.801 et seq.), the United inserting ‘‘2 years’’. States Patent and Trademark Office shall con- term ‘public broadcasting entity’ has the mean- (d) TERMINATION.—Subsection (f) is amended sider the recommendations of the study con- ing given such term under section 118(g). by inserting before the period at the end the fol- ‘‘(ii) IN GENERAL.—In the case of a nonprofit ducted under this section. lowing: ‘‘or November 30, 2000, whichever occurs library, archives, educational institution, or SEC. 4806. PRIOR INVENTION. earlier’’. public broadcasting entity, the court shall remit Section 102(g) of title 35, United States Code, (e) FIRST MEETING AND CHAIRPERSON.—Sec- damages in any case in which the library, ar- is amended to read as follows: tion 1405 is amended— chives, educational institution, or public broad- ‘‘(g)(1) during the course of an interference (1) by striking subsection (e); casting entity sustains the burden of proving, conducted under section 135 or section 291, an- (2) by redesignating subsections (f) (as amend- and the court finds, that the library, archives, other inventor involved therein establishes, to ed by the preceding provisions of this section) educational institution, or public broadcasting the extent permitted in section 104, that before and (g) as subsections (l) and (m), respectively; entity was not aware and had no reason to be- such person’s invention thereof the invention (3) by redesignating subsections (c) and (d) (as lieve that its acts constituted a violation.’’. was made by such other inventor and not aban- amended by the preceding provisions of this sec- (b) CRIMINAL OFFENSES AND PENALTIES.—Sec- doned, suppressed, or concealed, or (2) before tion) as subsections (e) and (f), respectively; and tion 1204(b) of title 17, United States Code, is such person’s invention thereof, the invention (4) by inserting after subsection (b) the fol- amended to read as follows: was made in this country by another inventor lowing new subsections: ‘‘(b) LIMITATION FOR NONPROFIT LIBRARY, who had not abandoned, suppressed, or con- ‘‘(c) FIRST MEETING.—The Commission shall ARCHIVES, EDUCATIONAL INSTITUTION, OR PUB- cealed it. In determining priority of invention hold its first meeting not later than March 31, LIC BROADCASTING ENTITY.—Subsection (a) shall under this subsection, there shall be considered 2000. not apply to a nonprofit library, archives, edu- not only the respective dates of conception and ‘‘(d) CHAIRPERSON.—The chairperson of the cational institution, or public broadcasting enti- reduction to practice of the invention, but also Commission shall be elected by a vote of a ma- ty (as defined under section 118(g).’’. the reasonable diligence of one who was first to jority of the members, which shall take place not SEC. 5005. TECHNICAL AMENDMENTS RELATING conceive and last to reduce to practice, from a later than 30 days after the first meeting of the TO VESSEL HULL DESIGN PROTEC- time prior to conception by the other.’’. Commission.’’. TION. SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN (f) RULES OF THE COMMISSION.—Section 1405 (a) IN GENERAL.— COMMONLY ASSIGNED PATENTS. is amended by inserting after subsection (f) (as (1) Section 504(a) of the Digital Millennium (a) PRIOR ART EXCLUSION.—Section 103(c) of so redesignated by subsection (e)(3) of this sec- Copyright Act (Public Law 105–304) is amended title 35, United States Code, is amended by strik- tion) the following new subsection: to read as follows: ing ‘‘subsection (f) or (g)’’ and inserting ‘‘one or ‘‘(g) RULES OF THE COMMISSION.— ‘‘(a) IN GENERAL.—Not later than November 1, more of subsections (e), (f), and (g)’’. ‘‘(1) QUORUM.—Nine members of the Commis- 2003, the Register of Copyrights and the Com- (b) EFFECTIVE DATE.—The amendment made sion shall constitute a quorum for conducting missioner of Patents and Trademarks shall sub- by this section shall apply to any application the business of the Commission. mit to the Committees on the Judiciary of the

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.062 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11791 Senate and the House of Representatives a joint ation of full-power broadcasters providing Commission’s regulations (47 C.F.R. 73.622, report evaluating the effect of the amendments worthwhile services to their respective commu- 73.623); and made by this title.’’. nities while under severe license limitations com- ‘‘(ii) to permit maximization of a full power (2) Section 505 of the Digital Millennium pared to their full-power counterparts. digital television applicant’s service area con- Copyright Act is amended by striking ‘‘and shall (3) License limitations, particularly the tem- sistent with such sections 73.622 and 73.623; remain in effect’’ and all that follows through porary nature of the license, have blocked many if such applicant has filed an application for the end of the section and inserting a period. low-power broadcasters from having access to maximization or a notice of its intent to seek (3) Section 1301(b)(3) of title 17, United States capital, and have severely hampered their abil- such maximization by December 31, 1999, and Code, is amended to read as follows: ity to continue to provide quality broadcasting, filed a bona fide application for maximization ‘‘(3) A ‘vessel’ is a craft— programming, or improvements. by May 1, 2000. Any such applicant shall com- ‘‘(A) that is designed and capable of inde- (4) The passage of the Telecommunications ply with all applicable Commission rules regard- pendently steering a course on or through water Act of 1996 has added to the uncertainty of the ing the construction of digital television facili- through its own means of propulsion; and future status of these stations by the lack of ties. ‘‘(B) that is designed and capable of carrying specific provisions regarding the permanency of (E) CHANGE APPLICATIONS.—If a station that and transporting one or more passengers.’’. their licenses, or their treatment during the is awarded a construction permit to maximize or (4) Section 1313(c) of title 17, United States transition to high definition, digital television. significantly enhance its digital television serv- Code, is amended by adding at the end the fol- (5) It is in the public interest to promote diver- ice area, later files a change application to re- lowing: ‘‘Costs of the cancellation procedure sity in television programming such as that cur- duce its digital television service area, the pro- under this subsection shall be borne by the non- rently provided by low-power television stations tected contour of that station shall be reduced prevailing party or parties, and the Adminis- to foreign-language communities. in accordance with such change modification. trator shall have the authority to assess and (c) PRESERVATION OF LOW-POWER COMMUNITY ‘‘(2) QUALIFYING LOW-POWER TELEVISION STA- collect such costs.’’. 33 TELEVISION BROADCASTING.—Section 336 of the TIONS.—For purposes of this subsection, a sta- (b) TARIFF ACT OF 1930.—Section 337 of the Communications Act of 1934 (47 U.S.C. 336) is tion is a qualifying low-power television station Tariff Act of 1930 (19 U.S.C. 1337) is amended— amended— if— (1) in subsection (a)— (1) by redesignating subsections (f) and (g) as ‘‘(A)(i) during the 90 days preceding the date (A) in paragraph (1)— subsections (g) and (h), respectively; and of enactment of the Community Broadcasters (i) in subparagraph (A), by striking ‘‘and (2) by inserting after subsection (e) the fol- Protection Act of 1999— (D)’’ and inserting ‘‘(D), and (E)’’; and lowing new subsection: ‘‘(I) such station broadcast a minimum of 18 (ii) by adding at the end the following: ‘‘(f) PRESERVATION OF LOW-POWER COMMU- hours per day; ‘‘(E) The importation into the United States, NITY TELEVISION BROADCASTING.— ‘‘(II) such station broadcast an average of at the sale for importation, or the sale within the ‘‘(1) CREATION OF CLASS A LICENSES.— least 3 hours per week of programming that was United States after importation by the owner, ‘‘(A) RULEMAKING REQUIRED.—Within 120 produced within the market area served by such importer, or consigner, of an article that con- days after the date of enactment of the Commu- station, or the market area served by a group of stitutes infringement of the exclusive rights in a nity Broadcasters Protection Act of 1999, the commonly controlled low-power stations that design protected under chapter 13 of title 17, Commission shall prescribe regulations to estab- carry common local programming produced United States Code.’’; and lish a class A television license to be available to within the market area served by such group; (B) in paragraphs (2) and (3), by striking ‘‘or licensees of qualifying low-power television sta- and mask work’’ and inserting ‘‘mask work, or de- tions. Such regulations shall provide that— ‘‘(III) such station was in compliance with the sign’’; and ‘‘(i) the license shall be subject to the same li- Commission’s requirements applicable to low- (2) in subsection (l), by striking ‘‘or mask cense terms and renewal standards as the li- power television stations; and work’’ each place it appears and inserting censes for full-power television stations except ‘‘(ii) from and after the date of its application ‘‘mask work, or design’’. as provided in this subsection; and for a class A license, the station is in compliance ‘‘(ii) each such class A licensee shall be ac- with the Commission’s operating rules for full- SEC. 5006. INFORMAL RULEMAKING OF COPY- corded primary status as a television broad- RIGHT DETERMINATION. power television stations; or caster as long as the station continues to meet Section 1201(a)(1)(C) of title 17, United States ‘‘(B) the Commission determines that the pub- the requirements for a qualifying low-power sta- Code, is amended in the first sentence by strik- lic interest, convenience, and necessity would be tion in paragraph (2). ing ‘‘on the record’’. served by treating the station as a qualifying ‘‘(B) NOTICE TO AND CERTIFICATION BY LICENS- low-power television station for purposes of this SEC. 5007. SERVICE OF PROCESS FOR SURETY EES.—Within 30 days after the date of enact- section, or for other reasons determined by the CORPORATIONS. ment of the Community Broadcasters Protection Commission. Section 9306 of title 31, United States Code, is Act of 1999, the Commission shall send a notice ‘‘(3) COMMON OWNERSHIP.—No low-power tele- amended— to the licensees of all low-power televisions li- vision station authorized as of the date of enact- (1) in subsection (a) by striking all beginning censes that describes the requirements for class ment of the Community Broadcasters Protection with ‘‘designates a person by written power of A designation. Within 60 days after such date of Act of 1999 shall be disqualified for a class A li- attorney’’ through the end of such subsection enactment, licensees intending to seek class A cense based on common ownership with any and inserting the following: ‘‘has a resident designation shall submit to the Commission a other medium of mass communication. agent for service of process for that district. The certification of eligibility based on the qualifica- ‘‘(4) ISSUANCE OF LICENSES FOR ADVANCED TEL- resident agent— tion requirements of this subsection. Absent a EVISION SERVICES TO TELEVISION TRANSLATOR ‘‘(1) may be an official of the State, the Dis- material deficiency, the Commission shall grant STATIONS AND QUALIFYING LOW-POWER TELE- trict of Columbia, the territory or possession in certification of eligibility to apply for class A VISION STATIONS.—The Commission is not re- which the court sits who is authorized or ap- status. quired to issue any additional license for ad- pointed under the law of the State, District, ter- ‘‘(C) APPLICATION FOR AND AWARD OF LI- vanced television services to the licensee of a ritory or possession to receive service of process CENSES.—Consistent with the requirements set class A television station under this subsection, on the corporation; or forth in paragraph (2)(A) of this subsection, a or to any licensee of any television translator ‘‘(2) may be an individual who resides in the licensee may submit an application for class A station, but shall accept a license application jurisdiction of the district court for the district designation under this paragraph within 30 for such services proposing facilities that will in which a surety bond is to be provided and days after final regulations are adopted under not cause interference to the service area of any who is appointed by the corporation as provided subparagraph (A) of this paragraph. Except as other broadcast facility applied for, protected, in subsection (b)’’; and provided in paragraphs (6) and (7), the Commis- permitted, or authorized on the date of filing of (2) in subsection (b) by striking ‘‘The’’ and in- sion shall, within 30 days after receipt of an ap- the advanced television application. Such new serting ‘‘If the surety corporation meets the replication of a licensee of a qualifying low-power license or the original license of the applicant quirement of subsection (a) by appointing an in- television station that is acceptable for filing, shall be forfeited after the end of the digital tel- dividual under subsection (a)(2), the’’. award such a class A television station license evision service transition period, as determined SEC. 5008. LOW-POWER TELEVISION. to such licensee. by the Commission. A licensee of a low-power (a) SHORT TITLE.—This section may be cited ‘‘(D) RESOLUTION OF TECHNICAL PROBLEMS.— television station or television translator station as the ‘‘Community Broadcasters Protection Act The Commission shall act to preserve the service may, at the option of licensee, elect to convert to of 1999’’. areas of low-power television licensees pending the provision of advanced television services on (b) FINDINGS.—Congress finds the following: the final resolution of a class A application. If, its analog channel, but shall not be required to (1) Since the creation of low-power television after granting certification of eligibility for a convert to digital operation until the end of licenses by the Federal Communications Com- class A license, technical problems arise requir- such transition period. mission, a small number of license holders have ing an engineering solution to a full-power sta- ‘‘(5) NO PREEMPTION OF SECTION 337.—Nothing operated their stations in a manner beneficial to tion’s allotted parameters or channel assignment in this subsection preempts or otherwise affects the public good providing broadcasting to their in the digital television Table of Allotments, the section 337 of this Act. communities that would not otherwise be avail- Commission shall make such modifications as ‘‘(6) INTERIM QUALIFICATION.— able. necessary— ‘‘(A) STATIONS OPERATING WITHIN CERTAIN (2) These low-power broadcasters have oper- ‘‘(i) to ensure replication of the full-power BANDWIDTH.—The Commission may not grant a ated their stations in a manner consistent with digital television applicant’s service area, as class A license to a low-power television station the programming objectives and hours of oper- provided for in sections 73.622 and 73.623 of the for operation between 698 and 806 megahertz,

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 6333 E:\CR\FM\A09NO7.064 pfrm02 PsN: H09PT1 H11792 CONGRESSIONAL RECORD — HOUSE November 9, 1999 but the Commission shall provide to low-power From the Committee on the Judiciary, for right framework that permits it to be an ef- television stations assigned to and temporarily consideration of the House bill and the Sen- fective competitor. operating in that bandwidth the opportunity to ate amendment, and modifications com- The compulsory copyright license created meet the qualification requirements for a class A mitted to conference: by the 1988 Act was limited to a five year pe- license. If such a qualified applicant for a class HENRY HYDE, riod to enable Congress to consider its effec- A license is assigned a channel within the core HOWARD COBLE, tiveness and renew it where necessary. The spectrum (as such term is defined in MM Docket BOB GOODLATTE, license was renewed in 1994 for an additional 87–286, February 17, 1998), the Commission shall JOHN CONYERS, five years, and amendments made that were issue a class A license simultaneously with the HOWARD L. BERMAN, intended to increase the enforcement of the assignment of such channel. Managers on the Part of the House. network territorial restrictions of the com- ‘‘(B) CERTAIN CHANNELS OFF-LIMITS.—The pulsory license. Two-year transitional provi- From the Committee on the Judiciary: Commission may not grant under this subsection sions were created to enable local network ORRIN HATCH, a class A license to a low-power television sta- broadcasters to challenge satellite sub- STROM THURMOND, tion operating on a channel within the core scribers’ receipt of satellite network service MIKE DEWINE, spectrum that includes any of the 175 additional where the local network broadcaster had rea- PATRICK LEAHY, channels referenced in paragraph 45 of its Feb- son to believe that these subscribers received HERB KOHL, ruary 23, 1998, Memorandum Opinion and Order an adequate off-the-air signal from the From the Committee on Commerce, Science, on Reconsideration of the Sixth Report and broadcaster. The transitional provisions and Transportation: Order (MM Docket No. 87–268). Within 18 were minimally effective and caused much TED STEVENS, months after the date of enactment of the Com- consumer confusion and anger regarding re- FRITZ HOLLINGS, munity Broadcasters Protection Act of 1999, the ceipt of television network stations. Managers on the Part of the Senate. Commission shall identify by channel, location, The satellite license is slated to expire at and applicable technical parameters those 175 JOINT EXPLANATORY STATEMENT OF the end of this year, requiring Congress to channels. THE COMMITTEE OF CONFERENCE again consider the copyright licensing re- ‘‘(7) NO INTERFERENCE REQUIREMENT.—The The managers on the part of the House and gime for satellite retransmissions of over- Commission may not grant a class A license, nor the Senate at the conference on the dis- the-air television broadcast stations. In pass- approve a modification of a class A license, un- agreeing votes of the two Houses on the ing this legislation, the Conference Com- less the applicant or licensee shows that the amendment of the Senate to the bill (H.R. mittee was guided by several principles. class A station for which the license or modi- 1554), to amend the provisions of title 17, First, the Conference Committee believes fication is sought will not cause— United States Code, and the Communica- that promotion of competition in the mar- ‘‘(A) interference within— tions Act of 1934, relating to copyright li- ketplace for delivery of multichannel video ‘‘(i) the predicted Grade B contour (as of the censing and carriage of broadcast signals by programming is an effective policy to reduce date of enactment of the Community Broad- satellite, submit the following joint state- costs to consumers. To that end, it is impor- casters Protection Act of 1999, or November 1, ment to the House and the Senate in expla- tant that the satellite industry be afforded a 1999, whichever is later, or as proposed in a nation of the effect of the action agreed upon statutory scheme for licensing television change application filed on or before such date) by the managers and recommended in the ac- broadcast programming similar to that of of any television station transmitting in analog companying conference report: the cable industry. At the same time, the format; or The Senate amendment struck out all of practical differences between the two indus- ‘‘(ii)(I) the digital television service areas pro- the House bill after the enacting clause and tries must be recognized and accounted for. vided in the DTV Table of Allotments; (II) the inserted a substitute text. Second, the Conference Committee re- areas protected in the Commission’s digital tele- The House recedes from its disagreement asserts the importance of protecting and fos- vision regulations (47 C.F.R. 73.622(e) and (f)); to the amendment of the Senate with an tering the system of television networks as (III) the digital television service areas of sta- amendment which is a substitute for the they relate to the concept of localism. It is tions subsequently granted by the Commission House bill and the Senate amendment. The well recognized that television broadcast prior to the filing of a class A application; and differences between the House bill, the Sen- stations provide valuable programming tai- (IV) stations seeking to maximize power under ate amendment, and the substitute agreed to lored to local needs, such as news, weather, the Commission’s rules, if such station has com- in conference are noted below, except for special announcements and information replied with the notification requirements in para- clerical corrections, conforming changes lated to local activities. To that end, the graph (1)(D); made necessary by agreements reached by Committee has structured the copyright li- ‘‘(B) interference within the protected contour the conferees, and minor drafting and clari- censing regime for satellite to encourage and of any low-power television station or low- fying changes. promote retransmissions by satellite of local television broadcast stations to subscribers power television translator station that— Section 1. Short title. who reside in the local markets of those sta- ‘‘(i) was licensed prior to the date on which This Act may be cited as the ‘‘Intellectual the application for a class A license, or for the tions. Property and Communications Omnibus Re- Third, perhaps most importantly, the Con- modification of such a license, was filed; form Act of 1999.’’ ‘‘(ii) was authorized by construction permit ference Committee is aware that in creating prior to such date; or TITLE I—SATELLITE HOME VIEWER compulsory licenses, it is acting in deroga- ‘‘(iii) had a pending application that was sub- IMPROVEMENT ACT OF 1999 tion of the exclusive property rights granted mitted prior to such date; When Congress passed the Satellite Home by the Copyright Act to copyright holders, ‘‘(C) interference within the protected contour Viewer Act in 1988, few Americans were fa- and that it therefore needs to act as nar- of 80 miles from the geographic center of the miliar with satellite television. They typi- rowly as possible to minimize the effects of areas listed in section 22.625(b)(1) or 90.303 of cally resided in rural areas of the country the government’s intrusion on the broader the Commission’s regulations (47 C.F.R. where the only means of receiving television market in which the affected property rights 22.625(b)(1) and 90.303) for frequencies in— programming was through use of a large, and industries operate. In this context, the ‘‘(i) the 470–512 megahertz band identified in backyard C-band satellite dish. Congress rec- broadcast television market has developed in section 22.621 or 90.303 of such regulations; or ognized the importance of providing these such a way that copyright licensing prac- ‘‘(ii) the 482–488 megahertz band in New York. people with access to broadcast program- tices in this area take into account the na- ‘‘(8) PRIORITY FOR DISPLACED LOW-POWER STA- ming, and created a compulsory copyright li- tional network structure, which grants ex- TIONS.—Low-power stations that are displaced cense in the Satellite Home Viewer Act that clusive territorial rights to programming in by an application filed under this section shall enabled satellite carriers to easily license a local market to local stations either di- have priority over other low-power stations in the copyrights to the broadcast program- rectly or through affiliation agreements. The the assignment of available channels.’’. ming that they retransmitted to their sub- licenses granted in this legislation attempt And the Senate agree to the same. scribers. to hew as closely to those arrangements as From the Committee on Commerce, for con- The 1988 Act fostered a boom in the sat- possible. For example, these arrangements sideration of the House bill and the Senate ellite television industry. Coupled with the are mirrored in the section 122 ‘‘local-to- amendment, and modifications committed to development of high-powered satellite serv- local’’ license, which grants satellite carriers conference: ice, or DSS, which delivers programming to the right to retransmit local stations within TOM BLILEY, a satellite dish as small as 18 inches in di- the station’s local market, and does not re- BILLY TAUZIN, ameter, the satellite industry now serves quire a separate copyright payment because MICHAEL G. OXLEY, homes nationwide with a wide range of high the works have already been licensed and JOHN D. DINGELL, quality programming. Satellite is no longer paid for with respect to viewers in those EDWARD J. MARKEY, primarily a rural service, for it offers an at- local markets. By contrast, allowing the im- Provided that Mr. BOUCHER is appointed in tractive alternative to other providers of portation of distant or out-of-market net- lieu of Mr. MARKEY for consideration of secs. multichannel video programming; in par- work stations in derogation of the local sta- 712(b)(1), 712(b)(2), and 712(c)(1) of the Com- ticular, cable television. Because satellite tions’ exclusive right—bought and paid for in munications Act of 1934 as added by sec. 104 can provide direct competition with the market-negotiated arrangements—to show of the House bill. cable industry, it is in the public interest to the works in question undermines those mar- RICK BOUCHER, ensure that satellite operates under a copy- ket arrangements. Therefore, the specific

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.066 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11793 goal of the 119 license, which is to allow for with respect to retransmission of one or Likewise, no provision of the section 119 li- a life-line network television service to more stations in the local market precludes cense (or any other law) should be inter- those homes beyond the reach of their local the carrier from making use of the section preted as authorizing local-to-local retrans- television stations, must be met by only al- 122 license. Put another way, the statutory missions. As with all statutory licenses, lowing distant network service to those license overrides the normal copyright these explicit limitations are consistent homes which cannot receive the local net- scheme only to the extent that carriers with the general rule that, because statutory work television stations. Hence, the strictly comply with the limits Congress has licenses are in derogation of the exclusive ‘‘unserved household’’ limitation that has put on that license. rights granted under the Copyright Act, they been in the license since its inception. The Because terrestrial systems, such as cable, should be interpreted narrowly. Committee is mindful and respectful of the as a general rule do not pay any copyright Section 1002(a) of this Act contains new interrelationship between the communica- royalty for local retransmissions of broad- standing provisions. Adopting the approach tions policy of ‘‘localism’’ outlined above cast stations, the section 122 license does not of the House bill, section 122(f)(1) of the and property rights considerations in copy- require payment of any copyright royalty by Copyright Act is parallel to section 119(e), right law, and seeks a proper balance be- satellite carriers for transmissions made in and ensures that local stations, in addition tween the two. compliance with the requirements of section to any other parties that qualify under other Finally, although the legislation promotes 122. By contrast, the section 119 statutory li- standing provisions of the Act, will have the satellite retransmissions of local stations, cense for distant signals does require pay- ability to sue for violations of section 122. the Conference Committee recognizes the ment of royalties. In addition, the section New section 122(f)(2) of the Copyright Act en- continued need to monitor the effects of dis- 122 statutory license contains no ‘‘unserved ables a local television station that is not tant signal importation by satellite. To that household’’ limitation, while the section 119 being carried by a satellite carrier in viola- end, the compulsory license for retrans- license does contain that limitation. tion of the license to file a copyright in- mission of distant signals is extended for a Satellite carriers are liable for copyright fringement lawsuit in federal court to en- period of five years, to afford Congress the infringement, and subject to the full rem- force its rights. edies of the Copyright Act, if they violate opportunity to evaluate the effectiveness Section 1003. Extension of effect of amendments one or more of the following requirements of and continuing need for that license at the to section 119 of title 17, United States Code end of the five-year period. the section 122 license. First, satellite carriers may not in any way willfully alter the As in both the House bill and the Senate Section 1001. Short title programming contained on a local broadcast amendment, this Act extends the section 119 This title may be cited as the ‘‘Satellite station. satellite statutory license for a period of five Home Viewer Improvement Act.’’ Second, satellite carriers may not use the years by changing the expiration date of the Section 1002. Limitations on exclusive rights; section 122 license to retransmit a television legislation from December 31, 1999, to De- secondary transmissions by satellite carriers broadcast station to a subscriber located cember 31, 2004. The procedural and remedial within local markets outside the local market of the station. Re- provisions of section 119, which have already The House and the Senate provisions were transmission of a station to a subscriber lo- been interpreted by the courts, are being ex- in most respects highly similar. The con- cated outside the station’s local market is tended without change. Should the section ference substitute generally follows the covered by section 119, and is permitted only 119 license be allowed to expire in 2004, it House approach, with the differences de- when all conditions of that license are satis- shall do so at midnight on December 31, 2004, scribed here. fied. Accordingly, satellite carriers are reso that the license will cover the entire sec- Section 1002 of this Act creates a new stat- quired to provide local broadcasters with ac- ond accounting period of 2004. utory license, with no sunset provision, as a curate lists of the street addresses of their The advent of digital terrestrial broad- new section 122 of the Copyright Act of 1976. local-to-local subscribers so that broadcasting will necessitate additional review The new license authorizes the retrans- casters may verify that satellite carriers are and reform of the distant signal statutory li- mission of television broadcast stations by making proper use of the license. The sub- cense. And responsibility to oversee the de- satellite carriers to subscribers located with- scriber information supplied to broadcasters velopment of the nascent local station sat- in the local markets of those stations. is for verification purposes only, and may ellite service may also require for review of Creation of a new statutory license for re- not be used by broadcasters for any other the distant signal statutory license in the fu- transmission of local signals is necessary be- reason. Any knowing provision of false infor- ture. For each of these reasons, this Act es- cause the current section 119 license is lim- mation by a satellite carrier would, under tablishes a period for review in 5 years. ited to the retransmission of distance signals section 122(d), bar use of the Section 122 li- Although the section 119 regime is largely by satellite. The section 122 license allows cense by the carrier engaging in such prac- being extended in its current form, certain satellite carriers for the first time to provide tices. The section 122 license contains reme- sections of the Act may have a near-term ef- their subscribers with the television signals dial provisions parallel to those of Section fect on pending copyright infringement law- they want most: their local stations. A car- 119, including a ‘‘pattern or practice’’ provi- suits brought by broadcasters against sat- rier may retransmit the signal of a network sion that requires termination of the Section ellite carriers. These changes are prospective station (or superstation) to all subscribers 122 statutory license as to a particular sat- only; Congress does not intend to change the who reside within the local market of that ellite carrier if it engages in certain abuses legality of any conduct that occurred prior station, without regard to whether the sub- of the license. to the date of enactment. Congress does in- scriber resides in an ‘‘unserved household.’’ Under this provision, just as in the statu- tend, however, to benefit consumers where The term ‘‘local market’’ is defined in Sec- tory licenses codified in sections 111 and 119, possible and consistent with existing copy- tion 119(j)(2), and generally refers to a sta- a violation may be proven by showing willful right law and principles. This Act attempts to strike a balance tion’s Designated Market Area as defined by activity, or simple delivery of the secondary among a variety of public policy goals. While Nielsen. transmission over a certain period of time. Because the section 122 license is perma- In addition to termination of service on a na- increasing the number of potential sub- nent, subscribers may obtain their local tele- tionwide or local or regional basis, statutory scribers to distant network signals, this Act vision stations without fear that their local damages are available up to $250,000 for each clarifies that satellite carriers may carry up broadcast service may be turned off at a fu- 6–month period during which the pattern or to, but no more than, two stations affiliated ture date. In addition, satellite carriers may practice of violations was carried out. Sat- with the same network. The original purpose deliver local stations to commercial estab- ellite carriers have the burden of proving of the Satellite Home Viewer Act was to en- lishments as well as homes, as the cable in- that they are not improperly making use of sure that all Americans could receive net- dustry does under its license. These amend- the section 122 license to serve subscribers work programming and other television serv- ments create parity and enhanced competi- outside the local markets of the television ices provided they could not receive those tion between the satellite and cable indus- broadcast stations they are providing. The services over-the-air or in any other way. tries in the provision of local television penalties created under this section parallel This bill reflects the desire of the Conference broadcast stations. those under Section 119, and are to deter sat- to meet this requirement and consumers’ ex- For a satellite carrier to be eligible for ellite carriers from providing signals to sub- pectations to receive the traditional level of this license, this Act, following the House scribers in violation of the licenses. satellite service that has built up over the approach, provides both in new section 122(a) The section 122 license is limited in geo- years, while avoiding an erosion of the pro- and in new section 122(d) that a carrier may graphic scope to service to locations in the gramming market affected by the statutory use the new local-to-local license only if it is United States, including any commonwealth, licenses. in full compliance with all applicable rules territory or possession of the United States. Section 1004. Computation of royalty fees for and regulations of the Federal Communica- In addition, section 122(j) makes clear that satellite carriers tions Commission, including any require- local retransmission of television broadcast Like both the House bill and the Senate ments that the Commission may adopt by stations to subscribers is governed solely by amendment, this Act reduces the royalty regulation concerning carriage of stations or the section 122 license, and that no provision fees currently paid by satellite carriers for programming exclusivity. These provisions of the section 111 cable compulsory license the retransmission of network and supersta- are modeled on similar provisions in section should be interpreted to allow satellite car- tions by 45 percent and 30 percent, respec- 111, the terrestrial compulsory license. Fail- riers to make local retransmissions of tele- tively. These are reductions of the 27-cent ure to fully comply with Commission rules vision broadcast stations under that license. royalty fees made effective by the Librarian

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.068 pfrm02 PsN: H09PT1 H11794 CONGRESSIONAL RECORD — HOUSE November 9, 1999 of Congress on January 1, 1998. The reduc- particular customer. This clarifies that a edies for any infringements in which the car- tions take effect on July 1, 1999, which is the satellite carrier provides a signal of a tele- riers have engaged, the conferees have con- beginning of the second accounting period vision station throughout the broadcast day, cluded that the public interest will be served for 1999, and apply to all accounting periods rather than switching between stations by the grandfathering of this limited cat- for the five-year extension of the section 119 throughout a day to pick the best program- egory of subscribers whose service would license. The Committee has drafted this pro- ming among different signals. otherwise be terminated. vision such that, if the section 119 license is Section 1005(a)(2) of this Act creates a new The decision by the conferees to direct this renewed after 2004, the 45 percent and 30 per- section 119(a)(2)(B)(ii)(I) of the Copyright Act limited grandfathering should not be under- cent reductions of the 27-cent fee will remain to confirm that courts should rely on the stood as condoning unlawful conduct by sat- in effect, unless altered by legislative FCC’s ILLR model to presumptively deter- ellite carriers, but rather reflects the con- amendment. mine whether a household is capable of re- cern of the conference for those subscribers In addition, section 119(c) of title 17, ceiving a signal of Grade B intensity. The who would otherwise be punished for the ac- United States Code, is amended to clarify conferees understand that the parties to tions of the satellite carriers. Note that in that in royalty distribution proceedings con- copyright infringement litigation under the the previous 18 months, court decisions have ducted under section 802 of the Copyright Satellite Home Viewer Act have agreed on required the termination of some distant Act, the Public Broadcasting Service may detailed procedures for implementing the network signals to some subscribers. How- act as agent for all public television copy- current version of ILLR, and nothing in this ever, the Conferees are aware that in some right claimants and all Public Broadcasting Act requires any change in those procedures. cases satellite carriers terminated distant Service member stations. In the future, when the FCC amends the network service that was not subject to the ILLR model to make it more accurate pursu- Section 1005. Distant signal eligibility for con- original lawsuit. The Conferees intend that ant to section 339(c)(3) of the Communica- sumers affected subscribers remain eligible for such tions Act of 1934, the amended model should service. The Senate bill contained provisions re- be used in place of the current version of The words ‘‘shall remain eligible’’ in sec- taining the existing Grade B intensity stand- ILLR. The new language also confirms in tion 119(e) refer to eligibility to receive sta- ard in the definition of ‘‘unserved house- new section 119(a)(2)(B)(ii)(II) that the ulti- tions affiliated with the same network from hold.’’ The House agreed to the Senate provi- mate determination of eligibility to receive the same satellite carrier through use of the sions with amendments, which extend the network signals shall be a signal intensity same transmission technology at the same ‘‘unserved household’’ definition of section test pursuant to 47 C.F.R. § 73.686(d), as re- 119 of title 17 intact in certain respects and flected in new section 339(c)(5) of the Com- location; in other words, grandfathered sta- amend it in other respects. Consistent with munications Act of 1934. Again, the conferees tus is not transferable to a different carrier the approach of the Senate amendment, the understand that existing Satellite Home or a different type of dish or at a new ad- central feature of the existing definition of Viewer Act court orders already incorporate dress. The provisions of new section 119(e) ‘‘unserved household’’—inability to receive, this FCC-approved measurement method, are incorporated by reference in the defini- through use of a conventional outdoor roof- and nothing in this Act requires any change tion of ‘‘unserved household’’ as new section top receiving antenna, a signal of Grade B in such orders. Such a signal intensity test 119(d)(10)(C). intensity from a primary network station— may be conducted by any party to resolve a Section 1005(d) of this Act creates a new remains intact. The legislation directs the customer’s eligibility in litigation under sec- section 119(a)(11), which contains provisions FCC, however, to examine the definition of tion 119. governing delivery of network stations to ‘‘Grade B intensity’’, reflecting the dBu lev- Section 1005(a)(2) of this Act creates a new recreational vehicles and commercial trucks. els long set by the Federal Communications section 119(a)(2)(B)(iii) of the Copyright Act This provision is, in turn, incorporated in Commission in 47 C.F.R. § 73.683(a), and issue to permit continued delivery by means of C- the definition of ‘‘unserved household’’ in a rulemaking within 6 months after enact- band transmissions of network stations to C- new section 119(d)(10)(D). The purpose of ment to evaluate the standard and, if appro- band dish owners who received signals of the these amendments is to allow the operators priate, make recommendations to Congress pertinent network on October 31, 1999, or of recreational vehicles and commercial about how to modify the analog standard, were recently required to have such service trucks to use satellite dishes permanently and make a further recommendation about terminated pursuant to court orders or set- attached to those vehicles to receive, on tel- what an appropriate standard would be for tlements under section 119. This provision evision sets located inside those vehicles, digital signals. In this fashion, the Congress does not authorize satellite delivery of net- distant network signals pursuant to section will have the best input and recommenda- work stations to such persons by any tech- 119. To prevent abuse of this provision, the tions from the Commission, allowing the nology other than C-band. exception for recreational vehicles and com- Commission wide latitude in its inquiry and Section 1005(b) also adds a new provision mercial trucks is limited to persons who recommendations, but reserve for itself the (E) to section 119(a)(5). The purpose of this have strictly complied with the documenta- final decision-making authority over the provision is to allow certain longstanding tion requirements set forth in section scope of the copyright licenses in question, superstations to continue to be delivered to 119(a)(11). Among other things, the exception in light of all relevant factors. satellite customers without regard to the will only become available as to a particular The amended definition of ‘‘unserved ‘‘unserved household’’ limitation, even if the recreational vehicle or commercial truck household’’ makes other consumer-friendly station now technically qualifies as a ‘‘net- after the satellite carrier has provided all af- changes. It will eliminate the requirement work station’’ under the 15–hour-per-week fected networks with all documentation set that a cable subscriber wait 90 days to be eli- definition of the Act. This exception will forth in section 119(a). The exception will gible for satellite delivery of distant net- cease to apply if such a station in the future apply only for reception in that particular work signals. After enactment, cable sub- becomes affiliated with one of the four net- recreational vehicle or truck, and does not scribers will be eligible to receive distant works (ABC, CBS, Fox, and NBC) that quali- authorize any delivery of network stations network signals by satellite, upon choosing fied as networks as of January 1, 1995. to any fixed dwelling. to do so, if they satisfy the other require- Section 1005(c) of this Act adds a new sec- Section 1005(e) of this Act adds a new pro- ments of section 119. tion 119(e) of the Copyright Act. This provi- viso to the definition of ‘‘satellite carrier’’ to In addition, this Act adds three new cat- sion contains a moratorium on terminations exclude from that definition the provision of egories to the definition of ‘‘unserved house- of network stations to certain otherwise in- any ‘‘digital online communications serv- hold’’ in section 119(d)(10): (a) certain sub- eligible recent subscribers to network pro- ice.’’ As the Copyright Office concluded in its scribers to network programming who are gramming whose service has been (or soon 1997 Review of the Copyright Licensing Re- not predicted to receive a signal of Grade A would have been) terminated and allows gimes Covering Retransmission of Broadcast intensity from any station of the relevant them to continue to be eligible for distant Signals, no existing statutory license network, (b) operators of recreational vehi- signal services. The subscribers affected are (whether in section 111, section 119, or other- cles and commercial trucks who have com- those predicted by the current version of the wise) authorizes retransmission of television plied with certain documentation require- ILLR model to receive a signal of less than broadcast signals via the Internet or any ments, and (c) certain C-band subscribers to Grade A intensity from any network station other online service. The extension of any network programming. This Act also con- of the relevant network defined in section statutory license for television programming firms in new section 119(d)(10)(B) what has 73.683(a) of Commission regulations (47 to online transmissions would raise profound long been understood by the parties and ac- C.F.R. 73.683(a)) as in effect January 1, 1999. policy considerations, including, most nota- cepted by the courts, namely that a sub- As the statutory language reflects, recent bly, the apparent impossibility of limiting scriber may receive distant network service court orders and settlements between the such transmissions to ‘‘unserved house- if all network stations affiliated with the satellite and broadcasting industries have re- holds.’’ In any event, the committee’s intent relevant network that are predicted to serve quired (or will in the near future require) is that, neither section 111, section 119, nor that subscriber give their written consent. significant numbers of terminations of net- section 122 creates any authorization for Section 105(a)(2) of the bill creates a new work stations to ineligible subscribers in third parties to disseminate television pro- section 119(a)(2)(B)(i) of the Copyright Act to this category. Although the conferees gramming via online delivery of any kind, prohibit a satellite carrier from delivering strongly condemn lawbreaking by satellite and the amendment to the definition of ‘‘sat- more than two distant TV stations affiliated carriers, and intend for satellite carriers to ellite carrier’’ simply confirms existing law with a single network in a single day to a be subject to all other available legal rem- on that point.

VerDate 29-OCT-99 04:52 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.070 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11795 Section 1006. Public Broadcasting Service sat- To make use of the local license, satellite the Congress’ interest in maintaining free ellite feed carriers must provide the local broadcast over-the-air television will be undermined if The conference agreement follows the Sen- station signal as part of their satellite serv- local broadcasters are prevented from reach- ate bill with an amendment that applies the ice, in a manner consistent with paragraphs ing viewers by either cable or satellite dis- network copyright royalty rate to the Public (b), (c), (d), and (e), FCC regulations, and re- tribution systems. The Congress’ preference Broadcasting Service the satellite feed. The transmission consent requirements. Until for must-carry obligations has already been conference agreement grants satellite car- January 1, 2002, satellite carriers are granted proven effective, as attested by the appear- riers a section 119 compulsory license to re- a royalty-free copyright license to re- ance of several emerging networks, which often serve underserved market segments. transmit a national satellite feed distributed transmit broadcast signals on a station-by- There are no narrower alternatives that and designated by PBS. The license would station basis, consistent with retransmission would achieve the Congress’ goals. Although apply to educational and informational pro- consent requirements. The transition period the conferees expect that subscribers who re- gramming to which PBS currently holds is intended to provide the satellite industry ceive no broadcast signals at all from their broadcast rights. The license, which would with a transitional period to begin providing local-into-local satellite service to commu- satellite service may install antennas or sub- extend to all households in the United scribe to cable service in addition to sat- States, would sunset on January 1, 2002, the nities throughout the country. The conferees believe that the must-carry ellite service, the Conference Committee is date when local-to-local must-carry obliga- provisions of this Act neither implicate nor less sanguine that subscribers who receive tions become effective. Under the conference violate the First Amendment. Rather than network signals and hundreds of other pro- agreement, PBS will designate the national requiring carriage of stations in the manner gramming choices from their satellite car- satellite feed for purposes of this section. of cable’s mandated duty, this Act allows a rier will undertake such trouble and expense Section 1007. Application of Federal Commu- satellite carrier to choose whether to incur to obtain over-the-air signals from inde- nications Commission regulations the must-carry obligation in a particular pendent broadcast stations. National feeds The section 119 license is amended to clar- market in exchange for the benefits of the would also be counterproductive because ify that satellite carriers must comply with local statutory license. It does not deprive they siphon potential viewers from local all rules, regulations, and authorizations of any programmers of potential access to car- over-the-air affiliates. In sum, the Con- the Federal Communications Commission in riage by satellite carriers. Satellite carriers ference Committee finds that trading the order to obtain the benefits of the section 119 remain free to carry any programming for benefits of the copyright license for the must license. As provided in the House bill, this which they are able to acquire the property carry requirement is a fair and reasonable way of helping viewers have access to all would include any programming exclusivity rights. The provisions of this Act allow car- local programming while benefitting sat- provisions or carriage requirements that the riers an easier and more inexpensive way to ellite carriers and their customers. Commission may adopt. Violations of such obtain the right to use the property of copyright holders when they retransmit signals Section 338(c) contains a limited exception rules, regulations or authorizations would to the general must-carry requirements, render a carrier ineligible for the copyright from all of a market’s broadcast stations to subscribers in that market. The choice stating that a satellite carrier need not statutory license with respect to that re- carry two local affiliates of the same net- whether to retransmit those signals is made transmission. work that substantially duplicate each oth- by carriers, not by the Congress. The pro- Section 1008. Rules for satellite carriers re- ers’ programming, unless the duplicating posed licenses are a matter of legislative transmitting television broadcast signals stations are licensed to communities in dif- grace, in the nature of subsidies to satellite ferent states. The latter provisions address The Senate agrees to the House bill provi- carriers, and reviewable under the rational unique and limited cases, including WMUR sions regarding carriage of television broad- 1 basis standard. (Manchester, New Hampshire)/WCVB (Bos- cast signals, with certain amendments, as In addition, the conferees are confident ton, Massachusetts) and WPTZ (Plattsburg, discussed below. Section 108 creates new sec- that the proposed license provisions would New York)/WNNE (White River Junction, tions 338 and 339 of the Communications Act pass constitutional muster even if subjected Vermont), in which mandatory carriage of of 1934. Section 338 addresses carriage of to the O’Brien standard applied to the cable both duplicating local stations upon request local television signals, while section 339 ad- must-carry requirement.2 The proposed pro- assures that satellite subscribers will not be dresses distant television signals. visions are intended to preserve free tele- precluded from receiving the network affil- New section 338 requires satellite carriers, vision for those not served by satellite or iate that is licensed to the state in which by January 1, 2002, to carry upon request all cable systems and to promote widespread they reside. local broadcast stations’ signals in local dissemination of information from a multi- markets in which the satellite carriers carry Because of unique technical challenges on plicity of sources. The Supreme Court has satellite technology and constraints on the at least one signal pursuant to section 122 of found both to be substantial interests, unre- use of satellite spectrum, satellite carriers title 17, United States Code. The conference 3 lated to the suppression of free expression. may initially be limited in their ability to report added the cross-reference to section Providing the proposed license on a market- deliver must carry signals into multiple 122 to the House provision to indicate the re- by-market basis furthers both goals by pre- markets. New compression technologies, lationship between the benefits of the statu- venting satellite carriers from choosing to such as video streaming, may help overcome tory license and the carriage requirements carry only certain stations and effectively these barriers however, and, if deployed, imposed by this Act. Thus, the conference re- preventing many other local broadcasters could enable satellite carriers to deliver port provides that, as of January 1, 2002, roy- from reaching potential viewers in their must-carry signals into many more markets alty-free copyright licenses for satellite car- service areas. The Conference Committee is than they could otherwise. Accordingly, the riers to retransmit broadcast signals to concerned that, absent must-carry obliga- conferees urge the FCC, pursuant to its obli- viewers in the broadcasters’ service areas tions, satellite carriers would carry the gations under section 338, or in any other re- will be available only on a market-by-mar- major network affiliates and few other sig- lated proceedings, to not prohibit satellite ket basis. nals. Non-carried stations would face the carriers from using reasonable compression, The procedural provisions applicable to same loss of viewership Congress previously reformatting, or similar technologies to section 338 (concerning costs, avoidance of found with respect to cable noncarriage.4 meet their carriage obligations, consistent duplication, channel positioning, compensa- The proposed licenses place satellite car- with existing authority. tion for carriage, and complaints by broad- rier in a comparable position to cable sys- New section 339 of the Communications cast stations) are generally parallel to those tems, competing for the same customers. Ap- Act contains provisions concerning carriage applicable to cable systems. Within one year plying a must-carry rule in markets which of distant television stations by satellite after enactment, the Federal Communica- satellite carriers choose to serve benefits carriers. Section 339(a)(1) limits satellite tions Commission is to issue implementing consumers and enhances competition with carriers to providing a subscriber with no regulations which are to impose obligations cable by allowing consumers the same range more than two stations affiliated with a comparable to those imposed on cable sys- of choice in local programming they receive given television network from outside the tems under paragraphs (3) and (4) of section through cable service. The conferees expect local market. In addition, a satellite carrier 614(b) and paragraphs (1) and (2) of section that, by January 1, 2002, satellite carriers’ that provides two distant signals to eligible 615(g), such as the requirement to carry a market share will have increased and that households may also provide the local tele- station’s entire signal without additions or vision signals pursuant to section 122 of title deletions. The obligation to carry local sta- 1 See Rust v. Sullivan, 500 U.S. 173 (1991) (grants); 17 if the subscriber offers local-to-local serv- tions on contiguous channels is illustrative Indopco, Inc. v. Commissioner, 503 U.S. 79, 84 (1992) ice in the subscriber’s market. This provi- of the general requirement to ensure that (tax benefits). The First Amendment requires only sion furthers the congressional policy of lo- satellite carriers position local stations in a that Congress not aim at ‘‘the suppression of dan- calism and diversity of broadcast program- way that is convenient and practically acces- gerous ideas.’’ NEA v. Finley, 118 S. Ct. 2168, 2178–79 ming, which provides locally-relevant news, sible for consumers. By directing the FCC to (1998). weather, and information, but also allows 2 promulgate these must-carry rules, the con- See United States v. O’Brien, 391 U.S. 367 (1968). consumers in unserved households to enjoy 3 See Turner Broadcasting Sys., Inc. v. FCC, 512 U.S. ferees do not take any position regarding the 622, 663 (1994). network programming obtained via distant application of must-carry rules to carriage of 4 See, e.g., H.R. Rep. No. 102–628, p. 51 (1992); S. Rep. signals. Under new section 339(a)(2), which is digital television signals by either cable or No. 102–92, p. 62 (1991); see also Feb. 24 Hearing (Al based on the Senate amendment, the know- satellite systems. DeVaney). ing and willful provision of distant television

VerDate 29-OCT-99 06:00 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.071 pfrm02 PsN: H09PT1 H11796 CONGRESSIONAL RECORD — HOUSE November 9, 1999 signals in violation of these restrictions is cept or reject the waiver request within 30 prohibit a television broadcast station from subject to a forfeiture penalty under section days after receiving the request from the entering into an exclusive retransmission 503 of the Communications Act of $50,000 per satellite carrier. If a relevant network sta- consent agreement with a multichannel violation or for each day of a continuing vio- tion grants the requested waiver, or fails to video programming distributor or refusing to lation. act on the waiver within 30 days, the viewer negotiate in good faith regarding retrans- New section 339(b)(1)(A) requires the Com- shall be deemed unserved with respect to the mission consent agreements. A television mission to commence within 45 days of en- local network station in question. station may generally offer different re- actment, and complete within one year after Section 339(c)(4) addresses the ILLR pre- transmission consent terms or conditions, the date of enactment, a rulemaking to de- dictive model developed by the Commission including price terms, to different distribu- velop regulations to apply network non- in Docket No. 98–201. The provision requires tors. The FCC may determine that such dif- duplication, syndicated exclusivity and the Commission to attempt to increase its ferent terms represent a failure to negotiate sports blackout rules to the transmission of accuracy further by taking into account not in good faith only if they are not based on nationally distributed superstations by sat- only terrain, as the ILLR model does now, competitive marketplace considerations. ellite carriers. New section 339(b)(1)(B) re- but also land cover variations such as build- Section 1009 of the bill adds a new sub- quires the Commission to promulgate regu- ings and vegetation. If the Commission dis- section (e) to section 325 of the Communica- lations on the same schedule with regard to covers other practical ways to improve the tions Act. New subsection 325(e) creates a set the application of sports blackout rules to accuracy of the ILLR model still further, it of expedited enforcement procedures for the network stations. These regulations under shall implement those methods as well. The alleged retransmission of a television broad- subparagraph (B) are to be imposed ‘‘to the linchpin of whether particular proposed re- cast station in its own local market without extent technically feasible and not economi- finements to the ILLR model result in great- the station’s consent. The purpose of these cally prohibitive’’ with respect to the af- er accuracy is whether the revised model’s expedited procedure is to ensure that delays fected parties. The burden of showing that predictions are closer to the results of actual in obtaining relief from violations do not conforming to rules similar to cable would field testing in terms of predicting whether make the right to retransmission consent an be ‘‘economically prohibitive’’ is a heavy households are served by a local affiliate of empty one. The new provision requires 45- one. It would entail a very serious economic the relevant network. day processing of local-to-local retrans- threat to the health of the carrier. Without The ILLR model of predicting subscribers’ mission consent complaints at the Commis- that showing, the rules should be as similar eligibility will be of particular use in rural sion, followed by expedited enforcement of as possible to that applicable to cable serv- areas. To make the ILLR more accurate and any Commission orders in the United States ices. more useful to this group of Americans, the District Court for the Eastern District of Section 339(c) of the Communications Act Conference Committee believes the Commis- Virginia. In addition, a television broadcast of 1934 addresses the three distinct areas dis- sion should be particularly careful to ensure station that has been retransmitted in its cussed by the Commission in its Report & that the ILLR is accurate in areas that use local market without its consent will be en- Order in Docket No. 98–201: (i) the definition star routes, postal routes, or other address- titled to statutory damages of $25,000 per of ‘‘Grade B intensity,’’ which is the sub- ing systems that may not indicate clearly violation in an action in federal district stantive standard for determining eligibility the location of the actual dwelling of a po- court. Such damages will be awarded only if to receive distant network stations by sat- tential subscriber. The Commission should the television broadcast station agrees to ellite, (ii) prediction of whether a signal of to ensure the model accurately predicts the contribute any statutory damage award Grade B intensity from a particular station signal strength at the viewers’ actual loca- above $1,000 to the United States Treasury is present at a particular household, and (iii) tion. for public purposes. The expedited enforce- measurement of whether a signal of Grade B New section 339(c)(5) addresses the third ment provision contains a sunset which pre- intensity from a particular station is present area discussed in the Commission’s Report & vents the filing of any complaint with the at a particular household. Section 339(c) ad- Order in Docket No. 98–201, namely signal in- Commission or any action in federal district dresses each of these topics. tensity testing. This provision permits sat- New section 339(c) addresses evaluation court to enforce any Commission order under ellite carriers and broadcasters to carry out and possible recommendations for modifica- this section after December 31, 2001. The con- signal intensity measurements, using the tion by the Commission of the definition of ferees believe that these procedural provi- procedures set forth by the Commission in 47 Grade B intensity, which is incorporated sions, which provide ample due process pro- C.F.R. § 73.686(d), to determine whether par- into the definition of ‘‘unserved household’’ tections while ensuring speedy enforcement, ticular households are unserved. Unless the in section 119 of the Copyright Act. Under will ensure that retransmission consent will parties otherwise agree, any such tests shall section 339(c), the Commission is to complete be respected by all parties and promote a be conducted on a ‘‘loser pays’’ basis, with a rulemaking within 1 year after enactment smoothly functioning marketplace. the network station bearing the costs of to evaluate, and if appropriate to rec- Section 1010. Severability tests showing the household to be unserved, ommend modifications to the Grade B inten- Section 1010 of the Act provides that if any and the satellite carrier bearing the costs of sity standard for analog signals set forth in provision of section 325(b) of the Commu- tests showing the household to be served. If 47 C.F.R. § 73.683(a), for purposes of deter- nications Act as amended by this Act is de- the satellite carrier and station is unable to mining eligibility for distant signal satellite clared unconstitutional, the remaining pro- agree on a qualified individual to perform service. In addition, the Commission is to visions of that section will stand. the test, the Commission is to designate an recommend a signal standard for digital sig- Section 1011. Technical amendments independent and neutral entity by rule. The nals to prepare Congress to update the statu- Commission is to promulgate rules that Section 1011 of this Act makes technical tory license for digital television broad- avoid any undue burdens being imposed on and conforming amendments to sections 101, casting. The Committee intends that this re- any party. 111, 119, 501, and 510 of the Copyright Act. port would reflect the FCC’s best rec- Section 1011(e) makes a technical and clari- Section 1009. Retransmission consent ommendations in light of all relevant consid- fying change to the definition of a ‘‘work erations, and be based on whatever factors Section 1009 amends the provisions of sec- made for hire’’ in section 101 of the Copy- and information the Commission deems rel- tion 325 of the Communications Act gov- right Act. Sound recordings have been reg- evant to determining whether the signal in- erning retransmission consent. As revised, istered in the Copyright Office as works tensity standard should be modified and in section 325(b)(1) bars multichannel video pro- made for hire since being protected in their what way. As discussed above, the two-part gramming distributors from retransmitting own right. This clarifying amendment shall process allows the Commission to rec- the signals of television broadcast stations, not be deemed to imply that any sound re- ommend modifications leaving to Congress or any part thereof, without the express au- cording or any other work would not other- the decision-making power on modifications thority of the originating station. Section wise qualify as a work made for hire in the of the copyright licenses at issue. 325(b)(2) contains several exceptions to this absence of the amendment made by this sub- Section 339(c)(3) addresses requests to local general prohibition, including noncommer- section. television stations by consumers for waivers cial stations, certain superstations, and, Section 1012. Effective dates of the eligibility requirements under section until the end of 2004, retransmission of not 119 of title 17, United States Code. If a sat- more than two distant signals by satellite Under section 1012 of this Act, sections ellite carrier is barred from delivering dis- carriers to unserved households outside of 1001, 1003, 1005, and 1007 through 1011 shall be tant network signals to a particular cus- the local market of the retransmitted sta- effective on the date of enactment. The tomer because the ILLR model predicts the tions, and (E) for six months to the retrans- amendments made by sections 1002, 1004, and customer to be served by one or more tele- mission of local stations pursuant to the 1006 shall be effective as of July 1, 1999. vision stations affiliated with the relevant statutory license in section 122 of the title TITLE II—RURAL LOCAL TELEVISION network, the consumer may submit to those 17. SIGNALS stations, through his or her satellite carrier, Section 1009 also amends section 325(b) of The Conference Committee agrees that it a written request for a waiver. The statutory the Communications Act to require the Com- is very important that rural Americans re- phrase ‘‘station asserting that the retransmission to issue regulations concerning the ceive the benefits of this Act along with mission is prohibited’’ refers to a station exercise by television broadcast stations of urban residents. There are concerns that that is predicted by the ILLR model to serve the right to grant retransmission consent. without this title, many rural Americans the household. Each such station must ac- The regulations would, until January 1, 2006, would not receive local broadcast signals.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.073 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11797 Conferees were advised that major satellite tent practicable shall give priority to national conventions, and for other pur- carriers intended to provide local broadcast projects which serve the most unserved and poses,’’ approved July 5, 1946 (15 U.S.C. 1051 TV stations via satellite only in the largest underserved rural markets, taking into ac- et seq.), also commonly referred to as the markets rather than in more rural areas. count such factors as feasibility, population, Lanham Act. These satellite providers have stated that is terrain, prevailing market conditions, and Sec. 3002. Cyberpiracy prevention it not economically feasible to provide such projected costs to consumers. These appli- Subsection (a). In general service in rural areas at the present time. cants for priority projects shall agree to per- This subsection amends the Trademark Many rural areas of the United States are formance schedules which if missed make Act to provide an explicit trademark remedy not served by broadcast television or cable the borrower potentially subject to stiff pen- for cybersquatting under a new section 43(d). service. alties. Detailed subrogation, disposition of Under paragraph (1)(A) of the new section Title II of this Act authorizes the Depart- property, default, breach of agreement, at- 43(d), actionable conduct would include the ment of Agriculture, in consultation with tachment, and audit provisions are designed registration, trafficking in, or use of a do- OMB, the Secretary of Treasury, and the to protect the interests of the taxpayers. main name that is identical or confusingly FCC, and with the certification of the Na- The Secretary may require an affiliate of similar to, or dilutive of, the mark of an- tional Telecommunications and Information the borrower to indemnify the Government other, including a personal name that is pro- Administration, to guarantee loans not ex- for any losses it incurs as a result of a judg- tected as a mark under section 43 of the ceeding $1.25 billion for providing local ment against the borrower, and breach of the Lanham Act, provided that the mark was broadcast TV signals in rural areas. In addi- borrower’s obligations, or any violation of distinctive (i.e., enjoyed trademark status) tion, providers can offer other services, such the provisions of the Act. as data service, should excess capacity per- at the time the domain name was registered, The sunset clause provides that the Sec- mit. No single loan can exceed $625 million or in the case of trademark dilution, was fa- retary may not approve a loan guarantee to any one provider and the rest of the loans mous at the time the domain name was reg- under this title after December 31, 2006. may not exceed $100 million face value. istered. The bill is carefully and narrowly No loan shall be guaranteed unless: 1) ap- Section 2004. Retransmission of local television tailored, however, to extend only to cases proved in advance by an appropriations Act; broadcast stations where the plaintiff can demonstrate that the 2) USDA consults with OMB, NTIA, and with Borrowers shall have the same copyright defendant registered, trafficked in, or used a public accounting firm; 3) USDA has secu- authority and other rights to transmit the the offending domain name with bad-faith rity that is ‘‘adequate’’ to protect the gov- signals of local television broadcast stations intent to profit from the goodwill of a mark ernment’s interests; 4) USDA can reasonably as provided in this title and shall carry the belonging to someone else. Thus, the bill expect repayment ‘‘using an appropriate signals of local stations without charge. does not extend to innocent domain name combination of credit risk premiums and Section 2005. Local television service in unserved registrations by those who are unaware of collateral offered by the applicant to protect and underserved markets another’s use of the name, or even to some- the Federal Government;’’ and, 5) the bor- one who is aware of the trademark status of To encourage the FCC to approve needed rower has ‘‘insurance sufficient to protect the name but registers a domain name con- licenses (or other authorizations to use spec- the interests of the Federal Government.’’ taining the mark for any reason other than trum) to provide local TV service in rural The provisions are technology neutral in with bad faith intent to profit from the good- areas, the Commission is required to make that the borrower can use any delivery will associated with that mark. mechanism to provide local TV that other- determinations regarding needed licenses The phrase ‘‘including a personal name wise meets the requirements of this title. within one year of enactment. which is protected as a mark under this sec- The language of Title II is similar to the However, the FCC shall ensure that no li- tion’’ addresses situations in which a per- Railroad Rehabilitation and Improvement cense or authorization provided under this son’s name is protected under section 43 of Financing Act which provided up to $3.5 bil- section will cause ‘‘harmful interference’’ to the Lanham Act and is used as a domain lion in federal loan guarantees to help the primary users of the spectrum or to pub- name. The Lanham Act prohibits the use of shortline railroads serve rural America. The lic safety use. Subparagraph (2), states that false designations of origin and false or mis- underwriting criteria for the USDA loan the Commission shall not license under sub- leading representations. Protection under 43 guarantee—such as cash flow levels and ap- section (a) any facility that causes harmful of the Lanham Act has been applied by the propriate collateral—will be developed in interference to existing primary users of courts to personal names which function as consultation with OMB and a public account- spectrum or to public safety use. The Com- marks, such as service marks, when such ing firm and are modeled after the Railroad mission typically categorizes a licensed serv- marks are infringed. Infringement may Act language. ice as primary or secondary. Under Commis- occur when the endorsement of products or Section 2001. Short title sion rules, a secondary service cannot be au- services in interstate commerce is falsely This title may be referred to as the ‘‘Rural thorized to operate in the same band as a implied through the use of a personal name, Local Broadcast Signal Act.’’ primary user of that band unless the pro- or otherwise, without regard to the goods or Section 2002. Loan guarantees posed secondary user conclusively dem- services of the parties. This protection also onstrates that the proposed secondary use Subject to appropriations Acts, the Sec- applies to domain names on the Internet, will not cause harmful interference to the retary of Agriculture is authorized to estab- where falsely implied endorsements and primary service. The Commission is to define lish a program of loan guarantees to fund other types of infringement can cause great- ‘‘harmful interference’’ pursuant to the defi- projects which finance the acquisition, im- er harm to the owner and confusion to a con- nition at 47 C.F.R. section 2.1 and in accord- provement, enhancement, deployment, sumer in a shorter amount of time than is ance with Commission rules and policies. launch, or rehabilitation of the means by the case with traditional media. The protec- which local television broadcast signals will For purposes of section 2005(b)(3) the FCC tion offered by section 43 to a personal name be delivered to areas not receiving such sig- may consider a compression, reformatting or which functions as a mark, as applied to do- nals over commercial for-profit direct-to- other technology to be unreasonable if the main names, is subject to the same fair use home satellite distribution systems. technology is incompatible with other appli- and first amendment protections as have No single guaranteed loan can exceed $625 cable FCC regulation or policy under the been applied traditionally under trademark million to any one provider of local TV sta- Communications Act of 1934, as amended. law, and is not intended to expand or limit tions and none of the remaining loans may The Commission also may not restrict any any rights to publicity recognized by States exceed $100 million in face value. Strict re- entity granted a license or other authoriza- under State law. quirements for insurance, collateral, assur- tion under this section, except as otherwise Paragraph (1)(B)(i) of the new section 43(d) ances of repayments to the Secretary, per- specified, from using any reasonable com- sets forth a number of nonexclusive, non- fected interests of the Secretary, liens on as- pression, reformatting, or other technology. exhaustive factors to assist a court in deter- sets, and strong security provisions are set Section 2006. Definitions mining whether the required bad-faith ele- forth in the law. All of these provisions are Section 2006 defines terms used in the title ment exists in any given case. These factors designed to protect the interests of the tax- such as ‘‘loan guarantees,’’ ‘‘discount rate,’’ are designed to balance the property inter- payers. ‘‘loan guarantee,’’ ‘‘modification,’’ and ‘‘bor- ests of trademark owners with the legiti- In developing underwriting standards re- rower.’’ mate interests of Internet users and others lating to the issuance of loan guarantees, ap- who seek to make lawful uses of others’ TITLE III—TRADEMARK CYBERPIRACY propriate collateral and cash flow levels, the marks, including for purposes such as com- PREVENTION Secretary is required to consult with OMB parative advertising, comment, criticism, and with a public accounting firm. In addi- Section 3001. Short title; references parody, news reporting, fair use, etc. The bill tion, the Secretary may accept on behalf of This section provides that the Act may be suggests a total of nine factors a court may an applicant a commitment from a non-Fed- cited as the ‘‘Anticybersquatting Consumer wish to consider. The first four suggest cir- eral source to fund in whole or in part the Protection Act’’ and that any references cumstances that may tend to indicate an ab- credit risk premiums with respect to the within the bill to the Trademark Act of 1946 sence of bad-faith intent to profit from the loan. shall be a reference to the Act entitled ‘‘An goodwill of a mark, and the next four sug- Section 2003. Administration of loan guarantees Act to provide for the registration and pro- gest circumstances that may tend to indi- In deciding which loan guarantees to ap- tection of trademarks used in commerce, to cate that such bad-faith intent exists. The prove, the Secretary, to the maximum ex- carry out the provisions of certain inter- last factor may suggest either bad-faith or

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.074 pfrm02 PsN: H09PT1 H11798 CONGRESSIONAL RECORD — HOUSE November 9, 1999 an absence thereof depending on the cir- cybersquatter had registered a host of do- simply never pans out. And someone who has cumstances. main names mirroring famous trademarks, a legitimate registration of a domain name First, under paragraph (1)(B)(i)(I), a court including names for Panavision, Delta Air- that mirrors someone else’s domain name, may consider whether the domain name reg- lines, Neiman Marcus, Eddie Bauer, Luft- such as a trademark owner that is a lawful istrant has trademark or any other intellec- hansa, and more than 100 other marks, and concurrent user of that name with another tual property rights in the name. This factor had attempted to sell them to the mark own- trademark owner, may, in fact, wish to sell recognizes, as does trademark law in general, ers for amounts in the range of $10,000 to that name to the other trademark owner. that there may be concurring uses of the $15,000 each. His use of the ‘‘panavision.com’’ This bill does not imply that these facts are same name that are noninfringing, such as and ‘‘panaflex.com’’ domain names was an indication of bad-faith. It merely provides the use of the ‘‘Delta’’ mark for both air seemingly more innocuous, however, as they a court with the necessary discretion to rec- travel and sink faucets. Similarly, the reg- served as addresses for sites that merely dis- ognize the evidence of bad-faith when it is istration of the domain name played pictures of Pana Illinois and the word present. In practice, the offer to sell domain ‘‘deltaforce.com’’ by a movie studio would ‘‘Hello’’ respectively. This bill would not names for exorbitant amounts to the rightful not tend to indicate a bad faith intent on the allow a person to evade the holding of that mark owner has been one of the most com- part of the registrant to trade on Delta Air- case—which found that Mr. Toeppen had mon threads in abusive domain name reg- lines or Delta Faucets’ trademarks. made a commercial use of the Panavision istrations. Finally, by using the financial Second, under paragraph (1)(B)(i)(II), a marks and that such uses were, in fact, di- gain standard, this paragraph allows a court court may consider the extent to which the luting under the Federal Trademark Dilu- to examine the motives of the seller. Seventh, under paragraph (1)(B)(i)(VII), a domain name is the same as the registrant’s tion Act—merely by posting noninfringing own legal name or a nickname by which that court may consider the registrant’s inten- uses of the trademark on a site accessible tional provision of material and misleading person is commonly identified. This factor under the offending domain name, as Mr. recognizes, again as does the concept of fair false contact information in an application Toeppen did. Similarly, the bill does not af- use in trademark law, that a person should for the domain name registration, the perfect existing trademark law to the extent it be able to be identified by their own name, son’s intentional failure to maintain accu- has addressed the interplay between First whether in their business or on a web site. rate contact information, and the person’s Amendment protections and the rights of Similarly, a person may bear a legitimate prior conduct indicating a pattern of such trademark owners. Rather, the bill gives nickname that is identical or similar to a conduct. Falsification of contact informa- courts the flexibility to weigh appropriate well-known trademark, such as in the well- tion with the intent to evade identification factors in determining whether the name publicized case of the parents who registered and service of process by trademark owners was registered or used in bad faith, and it the domain name ‘‘pokey.org’’ for their is also a common thread in cases of recognizes that one such factor may be the young son who goes by that name, and these cybersquatting. This factor recognizes that use the domain name registrant makes of individuals should not be deterred by this fact, while still recognizing that there may the mark. bill from using their name online. This fac- be circumstances in which the provision of Fifth, under paragraph (1)(B)(i)(V), a court tor is not intended to suggest that domain false information may be due to other fac- may consider whether, in registering or tors, such as mistake or, as some have sug- name registrants may evade the application using the domain name, the registrant in- of this act by merely adopting Exxon, Ford, gested in the case of political dissidents, for tended to divert consumers away from the purposes of anonymity. This bill balances or other well-known marks as their nick- trademark owner’s website to a website that names. It merely provides a court with the those factors by limiting consideration to could harm the goodwill of the mark, either the person’s contact information, and even appropriate discretion to determine whether for purposes of commercial gain or with the or not the fact that a person bears a nick- then requiring that the provision of false in- intent to tarnish or disparage the mark, by formation be material and misleading. As name similar to a mark at issue is an indica- creating a likelihood of confusion as to the tion of an absence of bad-faith on the part of with the other factors, this factor is non- source, sponsorship, affiliation, or endorse- exclusive and a court is called upon to make the registrant. ment of the site. This factor recognizes that Third, under paragraph (1)(B)(i)(III), a a determination based on the facts presented one of the main reasons cybersquatters use whether or not the provision of false infor- court may consider the domain name reg- other people’s trademarks is to divert Inter- istrant’s prior use, if any, of the domain mation does, in fact, indicate bad-faith. net users to their own sites by creating con- Eight, under paragraph (1)(B)(i)(VIII), a name in connection with the bona fide offer- fusion as to the source, sponsorship, affili- ing of goods or services. Again, this factor court may consider the domain name reg- ation, or endorsement of the site. This is istrant’s acquisition of multiple domain recognizes that the legitimate use of the do- done for a number of reasons, including to main name in online commerce may be a names which the person knows are identical pass off inferior goods under the name of a or confusingly similar to, or dilutive of, oth- good indicator of the intent of the person well-known mark holder, to defraud con- ers’ marks. This factor recognizes the in- registering that name. Where the person has sumers into providing personally identifiable creasingly common cybersquatting practice used the domain name in commerce without information, such as credit card numbers, to known as ‘‘warehousing’’, in which a creating a likelihood of confusion as to the attract ‘‘eyeballs’’ to sites that price online cybersquatter registers multiple domain source or origin of the goods or services and advertising according to the number of names—sometimes hundreds, even thou- has not otherwise attempted to use the name ‘‘hits’’ the site receives, or even just to harm sands—that mirror the trademarks of others. in order to profit from the goodwill of the the value of the mark. Under this provision, By sitting on these marks and not making trademark owner’s name, a court may look a court may give appropriate weight to evi- the first move to offer to sell them to the to this as an indication of the absence of bad dence that a domain name registrant in- mark owner, these cybersquatters have been faith on the part of the registrant. tended to confuse or deceive the public in largely successful in evading the case law de- Fourth, under paragraph (1)(B)(i)(IV), a this manner when making a determination veloped under the Federal Trademark Dilu- court may consider the person’s bona fide of bad-faith intent. tion Act. This bill does not suggest that the noncommercial or fair use of the mark in a Sixth, under paragraph (1)(B)(i)(VI), a mere registration of multiple domain names web site that is accessible under the domain court may consider a domain name reg- is an indication of bad faith, but it allows a name at issue. This factor is intended to bal- istrant’s offer to transfer, sell, or otherwise court to weigh the fact that a person has reg- ance the interests of trademark owners with assign the domain name to the mark owner istered multiple domain names that infringe the interests of those who would make law- or any third party for financial gain, where or dilute the trademarks of others as part of ful noncommercial or fair uses of others’ the registrant has not used, and did not have its consideration of whether the requisite marks online, such as in comparative adver- any intent to use, the domain name in the bad-faith intent exists. tising, comment, criticism, parody, news re- bona fide offering of any goods or services. A Lastly, under paragraph (1)(B)(i)(IX), a porting, etc. Under the bill, the mere fact court may also consider a person’s prior con- court may consider the extent to which the that the domain name is used for purposes of duct indicating a pattern of such conduct. mark incorporated in the person’s domain comparative advertising, comment, criti- This factor is consistent with the court name registration is or is not distinctive and cism, parody, news reporting, etc., would not cases, like the Panavision case mentioned famous within the meaning of subsection alone establish a lack of bad-faith intent. above, where courts have found a defendant’s (c)(1) of section 43 of the Trademark Act of The fact that a person uses a mark in a site offer to sell the domain name to the legiti- 1946. The more distinctive or famous a mark in such a lawful manner may be an appro- mate mark owner as being indicative of the has become, the more likely the owner of priate indication that the person’s registra- defendant’s intent to trade on the value of a that mark is deserving of the relief available tion or use of the domain name lacked the trademark owner’s marks by engaging in the under this act. At the same time, the fact required element of bad-faith. This factor is business of registering those marks and sell- that a mark is not well-known may also sug- not intended to create a loophole that other- ing them to the rightful trademark owners. gest a lack of bad-faith. wise might swallow the bill, however, by al- It does not suggest that a court should con- Paragraph (1)(B)(ii) underscores the bad- lowing a domain name registrant to evade sider the mere offer to sell a domain name to faith requirement by making clear that bad- application of the Act by merely putting up a mark owner or the failure to use a name in faith shall not be found in any case in which a noninfringing site under an infringing do- the bona fide offering of goods or services as the court determines that the person be- main name. For example, in the well know sufficient to indicate bad faith. Indeed, there lieved and had reasonable grounds to believe case of Panavision Int’l v. Toeppen, 141 F.3d are cases in which a person registers a name that the use of the domain name was a fair 1316 (9th Cir. 1998), a well known in anticipation of a business venture that use or otherwise lawful.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.076 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11799 Paragraph (1)(C) makes clear that in any The Act clarifies the availability of in rem tion to any other jurisdiction that otherwise civil action brought under the new section jurisdiction in appropriate cases involving exists, whether in rem or in personam. 43(d), a court may order the forfeiture, can- claims by trademark holders against Subsection (b). Cyberpiracy protection for in- cellation, or transfer of a domain name to cyberpirates. In so doing, the Act reinforces dividuals the owner of the mark. the view that in rem jurisdiction has con- Subsection (b) prohibits the registration of Paragraph (1)(D) clarifies that a prohibited tinuing constitutional vitality, see R.M.S. a domain name that is the name of another ‘‘use’’ of a domain name under the bill ap- Titanic, Inc. v. Haver, 171 F.3d 943, 957–58 (4th living person, or a name that is substantially plies only to a use by the domain name reg- Cir. 1999) (‘‘In rem actions only require that and confusingly similar thereto, without istrant or that registrant’s authorized li- a party seeking an interest in a res bring the such person’s permission, if the registrant’s censee. res into the custody of the court and provide specific intent is to profit from the domain Paragraph (1)(E) defines what means to reasonable, public notice of its intention to name by selling it for financial gain to such ‘‘traffic in’’ a domain name. Under this Act, enable others to appear in the action to ‘‘traffics in’’ refers to transactions that in- claim an interest in the res.’’); Chapman v. person or a third party. While the provision clude, but are not limited to, sales, pur- Vande Bunte, 604 F. Supp. 714, 716–17 (E.D. is broad enough to apply to the registration chases, loans, pledges, licenses, exchanges of N.C. 1985) (‘‘In a true in rem proceeding, in of full names (e.g., johndoe.com), appella- currency, and any other transfer for consid- order to subject property to a judgment in tions (e.g., doe.com), and variations thereon eration or receipt in exchange for consider- rem, due process requires only that the prop- (e.g. john-doe.com or jondoe.com), the provi- ation. erty itself have certain minimum contacts sion is still very narrow in that it requires a Paragraph (2)(A) provides for in rem juris- with the territory of the forum.’’). showing that the registrant of the domain diction, which allows a mark owner to seek By authorizing in rem jurisdiction, the Act name registered that name with a specific the forfeiture, cancellation, or transfer of an also attempts to respond to the problems intent to profit from the name by selling it infringing domain name by filing an in rem faced by trademark holders in attempting to to that person or to a third party for finan- action against the name itself, where the effect personal service of process on cial gain. This section authorizes the court mark owner has satisfied the court that it cyberpirates. In an effort to avoid being held to grant injunctive relief, including ordering has exercised due diligence in trying to lo- accountable for their infringement or dilu- the forfeiture or cancellation of the domain cate the owner of the domain name but is tion of famous trademarks, cyberpirates name or the transfer of the domain name to unable to do so, or where the mark owner is often have registered domain names under the plaintiff. Although the subsection does otherwise unable to obtain in personam ju- fictitious names and addresses or have used not authorize a court to grant monetary risdiction over such person. As indicated offshore addresses or companies to register damages, the court may award costs and at- above, a significant problem faced by trade- domain names. Even when they actually do torneys’ fees to the prevailing party in ap- mark owners in the fight against receive notice of a trademark holder’s claim, propriate cases. cybersquatting is the fact that many cyberpirates often either refuse to acknowl- This subsection does not prohibit the reg- cybersquatters register domain names under edge demands from a trademark holder alto- istration of a domain name in good faith by aliases or otherwise provide false informa- gether, or simply respond to an initial dean owner or licensee of a copyrighted work, tion in their registration applications in mand and then ignore all further efforts by such as an audiovisual work, a sound record- order to avoid identification and service of the trademark holder to secure the ing, a book, or other work of authorship, process by the mark owner. This bill will al- cyberpirate’s compliance. The in rem provi- where the personal name is used in, affiliated leviate this difficulty, while protecting the sions of the Act accordingly contemplate with, or related to that work, where the per- notions of fair play and substantial justice, that a trademark holder may initiate in rem son’s intent in registering the domain is not by enabling a mark owner to seek an injunc- proceedings in cases where domain name reg- to sell the domain name other than in con- tion against the infringing property in those istrants are not subject to personal jurisdic- junction with the lawful exploitation of the cases where, after due diligence, a mark tion or cannot reasonably be found by the work, and where such registration is not pro- owner is unable to proceed against the do- trademark holder. hibited by a contract between the domain main name registrant because the registrant Paragraph (2)(C) provides that in an in rem name registered and the named person. This has provided false contact information and is proceeding, a domain name shall be deemed limited exemption recognizes the First otherwise not to be found, or where a court to have its situs in the judicial district in Amendment issues that may arise in such is unable to assert personal jurisdiction over which (1) the domain name registrar, reg- cases and defers to existing bodies of law such person, provided the mark owner can istry, or other domain name authority that that have developed under State and Federal show that the domain name itself violates registered or assigned the domain name is lo- law to address such uses of personal names substantive federal trademark law (i.e., that cated, or (2) documents sufficient to estab- in conjunction with works of expression. the domain name violates the rights of the lish control and authority regarding the dis- Such an exemption is not intended to pro- registrant of a mark registered in the Patent position of the registration and use of the vide a loophole for those whose specific in- and Trademark Office, or section 43(a) or (c) domain name are deposited with the court. tent is to profit from another’s name by sell- of the Trademark Act). Under the bill, a Paragraph (2)(D) limits the relief available ing the domain name to that person or a mark owner will be deemed to have exercised in such an in rem action to an injunction or- third party other than in conjunction with due diligence in trying to find a defendant if dering the forfeiture, cancellation, or trans- the bona fide exploitation of a legitimate the mark owner sends notice of the alleged fer of the domain name. Upon receipt of a work of authorship. For example, the reg- violation and intent to proceed to the do- written notification of the complaint, the istration of a domain name containing a per- main name registrant at the postal and e- domain name registrar, registry, or other au- sonal name by the author of a screenplay mail address provided by the registrant to thority is required to deposit with the court that bears the same name, with the intent to the registrar and publishes notice of the ac- documents sufficient to establish the court’s sell the domain name in conjunction with tion as the court may direct promptly after control and authority regarding the disposi- the sale or license of the screenplay to a pro- filing the action. Such acts are deemed to tion of the registration and use of the do- duction studio would not be barred by this constitute service of process by paragraph main name to the court, and may not trans- subsection, although other provisions of (2)(B). fer, suspend, or otherwise modify the domain State or Federal law may apply. On the The concept of in rem jurisdiction has been name during the pendency of the action, ex- other hand, the exemption for good faith reg- with us since well before the Supreme cept upon order of the court. Such domain istrations of domain names tied to legiti- Court’s landmark decision in Pennoyer v. name registrar, registry, or other authority mate works of authorship would not exempt Neff, 95 U.S. 714 (1877). Although more recent is immune from injunctive or monetary re- a person who registers a personal name as a decisions have called into question the via- lief in such an action, except in the case of domain name with the intent to sell the do- bility of quasi in rem ‘‘attachment’’ jurisdic- bad faith or reckless disregard, which would main name by itself, or in conjunction with tion, see Shaffer v. Heitner, 433 U.S. 186 (1977), include a willful failure to comply with any a work of authorship (e.g., a copyrighted web the Court has expressly acknowledged the such court order. page) where the real object of the sale is the propriety of true in rem proceedings (or even Paragraph (3) makes clear that the new domain name, rather than the copyrighted type I quasi in rem proceedings 5) where civil action created by this Act and the in work. ‘‘claims to the property itself are the source rem action established therein, and any rem- In sum, this subsection is a narrow provi- of the underlying controversy between the edies available under such actions, shall be sion intended to curtail one form of plaintiff and the defendant.’’ Id. at 207–08. in addition to any other civil action or rem- ‘‘cybersquatting’’—the act of registering edy otherwise applicable. This paragraph someone else’s name as a domain name for 5 The Supreme Court has described the ‘‘two thus makes clear that the creation of a new the purpose of demanding remuneration from types’’ of quasi in rem proceedings: a type I pro- section 43(d) in the Trademark Act does not the person in exchange for the domain name. ceeding, in which ‘‘the plaintiff is seeking to secure in any way limit the application of current Neither this section nor any other section in a pre-existing claim in the subject property and to provisions of trademark, unfair competition this bill is intended to create a right of pub- extinguish or establish the nonexistence of similar licity of any kind with respect to domain interests of particular persons,’’ and a type II ac- and false advertising, or dilution law, or tion, in which ‘‘the plaintiff seeks to apply what he other remedies under counterfeiting or other names. Nor is it intended to create any new concedes to be the property of the defendant to the statutes, to cybersquatting cases. property rights, intellectual or otherwise, in satisfaction of a claim against him.’’ Hanson v. Paragraph (4) makes clear that the in rem a domain name that is the name of a person. Denckla, 357 U.S. 235, 246 n.12 (1958). jurisdiction established by the bill is in addi- This subsection applies prospectively only,

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.077 pfrm02 PsN: H09PT1 H11800 CONGRESSIONAL RECORD — HOUSE November 9, 1999 affecting only those domain names reg- by allowing a domain name registrant whose which become the basis for contacts by sales- istered on or after the date of enactment of name has been suspended, disabled, or trans- people at the promotion companies. The next this Act. ferred to file a civil action to establish that step is usually a ‘‘professional’’-appearing Sec. 3003. Damages and remedies the registration or use of the domain name product research report which contains noth- This section applies traditional trademark by such registrant is not a violation of the ing more than boilerplate information stat- remedies, including injunctive relief, recov- Lanham Act. In such cases, a court may ing that the invention has outstanding mar- ery of defendant’s profits, actual damages, grant injunctive relief to the domain name ket potential and fills an important need in and costs, to cybersquatting cases under the registrant, including the reactivation of the the field. The promotion companies attempt new section 43(d) of the Trademark Act. The domain name or transfer of the domain name to convince the inventor to buy their mar- bill also amends section 35 of the Trademark to the domain name registrant. keting services, normally on a sliding scale in which the promoter will ask for a front- Act to provide for statutory damages in Sec. 3005. Definitions end payment of up to $10,000 and a percent- cybersquatting cases, in an amount of not This section amends the Trademark Act’s less than $1,000 and not more than $100,000 age of resulting profits, or a reduced front- definitions section (section 45) to add defini- end payment of $6,000 or $8,000 with commen- per domain name, as the court considers tions for key terms used in this Act. First, just. surately larger royalties on profits. Once the term ‘‘Internet’’ is defined consistent paid under such a scenario, a promoter will Sec. 3004. Limitation on liability with the meaning given that term in the typically and only forward information to a This section amends section 32(2) of the Communications Act (47 U.S.C. 230(f)(1)). list of companies that never respond. Trademark Act to extend the Trademark Second, this section creates a narrow defini- This subtitle addresses these problems by Act’s existing limitations on liability to the tion of ‘‘domain name’’ to target the specific (1) requiring an invention promoter to dis- cybersquatting context. This section also bad faith conduct sought to be addressed close certain materially relevant informa- creates a new subparagraph (D) in section while excluding such things as screen names, tion to a customer in writing prior to enter- 32(2) to encourage domain name registrars file names, and other identifiers not assigned ing into a contract for invention promotion and registries to work with trademark own- by a domain name registrar or registry. services; (2) establishing a federal cause of ers to prevent cybersquatting through a lim- Sec. 3006. Study on abusive domain name reg- action for inventors who are injured by ma- ited exemption from liability for domain istrations involving personal names terial false or fraudulent statements or rep- name registrars and registries that suspend, resentations, or any omission of material This section directs the Secretary of Com- cancel, or transfer domain names pursuant fact, by an invention promoter, or by the in- merce, in consultation with the Patent and to a court order or in the implementation of vention promoter’s failure to make the re- Trademark Office and the Federal Election a reasonable policy prohibiting quired written disclosures; and (3) requiring Commission, to conduct a study and report cybersquatting. Under this exemption, a reg- the Director of the United States Patent and to Congress with recommendations on guide- istrar, registry, or other domain name reg- Trademark Office to make publicly available lines and procedures for resolving disputes istration authority that suspends, cancels, complaints received involving invention pro- involving the registration or use of domain or transfers a domain name pursuant to a moters, along with the response to such com- names that include personal names of others court order or a reasonable policy prohib- plaints, if any, from the invention pro- or names that are confusingly similar there- iting cybersquatting will not be held liable moters. to. This section further directs the Secretary for monetary damages, and will not be sub- Sec. 4101. Short title of Commerce to collaborate with the Inter- ject to injunctive relief provided that the net Corporation for Assigned Names and This subtitle may be cited as the ‘‘Inven- registrar, registry, or other registration au- Numbers (ICANN) to develop guidelines and tors’ Rights Act of 1999.’’ thority has deposited control of the domain procedures for resolving disputes involving Sec. 4102. Integrity in invention promotion serv- name with a court in which an action has the registration or use of domain names that ices been filed regarding the disposition of the include personal names of others or names This section adds a new section 297 to domain name, it has not transferred, sus- that are confusingly similar thereto. chapter 29 of title 35, United States Code, in- pended, or otherwise modified the domain tended to promote integrity in invention name during the pendency of the action, Sec. 3007. Historic preservation promotion services. Legitimate invention as- other than in response to a court order, and This section provides a limited immunity sistance and development organizations can it has not willfully failed to comply with any from suit under trademark law for historic be of great assistance to novice inventors by such court order. Thus, the exemption will buildings that are on or eligible for inclusion providing information on how to protect an allow a domain name registrar, registry, or on the National Register of Historic Places, invention, how to develop it, how to obtain other registration authority to avoid being or that are designated as an individual land- financing to manufacture it, or how to li- joined in a civil action regarding the disposi- mark or as a contributing building in a his- cense or sell the invention. While many in- tion of a domain name that has been taken toric district. vention developers are legitimate, the un- down pursuant to a dispute resolution pol- Sec. 3008. Savings clause scrupulous ones take advantage of untutored icy, provided the court has obtained control This section provides an explicit savings inventors, asking for large sums of money up over the name from the registrar, registry, clause making clear that the bill does not af- front for which they provide no real service or other registration authority, but such fect traditional trademark defenses, such as in return. This new section provides a much registrar, registry, or other registration au- fair use, or a person’s first amendment needed safeguard to assist independent in- thority would not be immune from suit for rights. ventors in avoiding becoming victims of the injunctive relief where no such action has predatory practices of unscrupulous inven- Sec. 3009. Effective date been filed or where the registrar, registry, or tion promoters. other registration authority has transferred, This section provides that damages pro- New section 297(a) of title 35 requires an in- suspended, or otherwise modified the domain vided for under this bill shall not apply to vention promoter to disclose certain materi- name during the pendency of the action or the registration, trafficking, or use of a do- ally relevant information to a customer in wilfully failed to comply with a court order. main name that took place prior to the en- writing prior to entering into a contract for This section also protects the rights of do- actment of this Act. invention promotion services. Such informa- main name registrants against overreaching TITLE VI—INVENTOR PROTECTION tion includes: (1) The number of inventions trademark owners. Under a new subpara- Sec. 4001. Short title evaluated by the invention promoter and graph (D)(iv) in section 32(2), a trademark stating the number of those evaluated posi- owner who knowingly and materially mis- This title may be cited as the ‘‘American tively and the number negatively; (2) The represents to the domain name registrar or Inventors Protection Act of 1999.’’ number of customers who have contracted registry that a domain name is infringing Sec. 4002. Table of contents for services with the invention promoter in shall be liable to the domain name registrant Section 4002 enumerates the table of con- the prior five years; (3) The number of cus- for damages resulting from the suspension, tents of this title. tomers known by the invention promoter to cancellation, or transfer of the domain have received a net financial profit as a di- SUBTITLE A—INVENTORS’ RIGHTS name. In addition, the court may grant in- rect result of the invention promoter’s serv- junctive relief to the domain name reg- Subtitle A creates a new section 297 in ices; (4) The number of customers known by istrant by ordering the reactivation of the chapter 29 of title 35 of the United States the invention promoter to have received li- domain name or the transfer of the domain Code, designed to curb the deceptive prac- cense agreements for their inventions as a name back to the domain name registrant. tices of certain invention promotion compa- direct result of the invention promoter’s In creating a new subparagraph (D)(iii) of nies. Many of these companies advertise on services; and (5) the names and addresses of section 32(2), this section codifies current television and in magazines that inventors all previous invention promotion companies case law limiting the secondary liability of may call a toll-free number for assistance in with which the invention promoter or its of- domain name registrars and registries for marketing their inventions. They are sent an ficers have collectively or individually been the act of registration of a domain name, ab- invention evaluation form, which they are affiliated in the previous 10 years to enable sent bad-faith on the part of the registrar asked to complete to allow the promoter to the customer to evaluate the reputations of and registry. provide expert analysis of the market poten- these companies. Finally, subparagraph (D)(v) provides addi- tial of their inventions. The inventors return New section 297(b) of title 35 establishes a tional protections for domain name holders the form with descriptions of the inventions, civil cause of action against any invention

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.079 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11801 promoter who injures a customer through recting the Director of the USPTO to study return for the inventor making a public dis- any material false or fraudulent statement, alternative fee structures to encourage full closure of the invention. Trade secret law, representation, or omission of material fact participation in our patent system by all in- however, also serves the public interest by by the invention promoter, or any person ventors, large and small, and by strength- protecting investments in new technology. acting on behalf of the invention promoter, ening the prohibition against the use of Trade secrets have taken on a new impor- or through failure of the invention promoter trademark fees for non-trademark uses. tance with an increase in the ability to pat- to make all the disclosures required under Sec. 4201. Short title ent all business methods and processes. It subsection (a). In such a civil action, the cus- would be administratively and economically This subtitle may be cited as the ‘‘Patent tomer may recover, in addition to reasonable impossible to expect any inventor to apply and Trademark Fee Fairness Act of 1999.’’ costs and attorneys’ fees, the amount of ac- for a patent on all methods and processes Sec. 4202. Adjustment of patent fees tual damages incurred by the customer or, at This section reduces patent filing and re- now deemed patentable. In order to protect the customer’s election, statutory damages issue fees by $50, and reduces patent mainte- inventors and to encourage proper disclo- up to $5,000, as the court considers just. Sub- sure, this subtitle focuses on methods for nance fees by $110. This would mark only the section (b)(2) authorizes the court to in- doing and conducting business, including second time in history that patent fees have crease damages to an amount not to exceed methods used in connection with internal been reduced. Because trademark fees have three times the amount awarded as statu- commercial operations as well as those used not been increased since 1993 and because of tory or actual damages in a case where the in connection with the sale or transfer of the application of accounting based cost customer demonstrates, and the court finds, useful end results—whether in the form of principles and systems, patent fee income that the invention promoter intentionally physical products, or in the form of services, has been partially offsetting the cost of misrepresented or omitted a material fact to or in the form of some other useful results; trademark operations. This section will re- such customer, or failed to make the re- for example, results produced through the store fairness to patent and trademark fees quired disclosures under subsection (a), for manipulation of data or other inputs to by reducing patent fees to better reflect the the purpose of deceiving the customer. In de- produce a useful result. cost of services. termining the amount of increased damages, The earlier-inventor defense is important courts may take into account whether regu- Sec. 4203. Adjustment of trademark fees to many small and large businesses, includ- latory sanctions or other corrective action This section will allow the Director of the ing financial services, software companies, has been taken as a result of previous com- USPTO to adjust trademark fees in fiscal and manufacturing firms—any business that plaints against the invention promoter. year 2000 without regard to fluctuations in relies on innovative business processes and New section 297(c) defines the terms used the Consumer Price Index in order to better methods. The 1998 opinion by the U.S. Court in the section. These definitions are care- align those fees with the costs of services. of Appeals for the Federal Circuit in State fully crafted to cover true invention pro- Sec. 4204. Study on alternative fee structures Street Bank and Trust Co. v. Signature Finan- moters without casting the net too broadly. cial Group,7 which held that methods of doing This section directs the Director of the business are patentable, has added to the ur- Paragraph (3) excepts from the definition of USPTO to conduct a study and report to the ‘‘invention promoter’’ departments and gency of the issue. As the Court noted, the Judiciary Committees of the House and Sen- reference to the business method exception agencies of the Federal, state, and local gov- ate within one year on alternative fee struc- ernments; any nonprofit, charitable, sci- had been improperly applied to a wide vari- tures that could be adopted by the USPTO to ety of processes, blurring the essential ques- entific, or educational organizations quali- encourage maximum participation in the fied under applicable State laws or described tion of whether the invention produced a patent system by the American inventor ‘‘useful, concrete, and tangible result.’’ In under § 170(b)(1)(A) of the Internal Revenue community. Code of 1986; persons or entities involved in the wake of State Street, thousands of meth- evaluating the commercial potential of, or Sec. 4205. Patent and Trademark Office funding ods and processes used internally are now offering to license or sell, a utility patent or Pursuant to section 42(c) of the Patent being patented. In the past, many businesses a previously filed nonprovisional utility pat- Act, fees available to the Commissioner that developed and used such methods and ent application; any party participating in a under section 31 of the Trademark Act of processes thought secrecy was the only pro- transaction involving the sale of the stock or 1946 6 may be used only for the processing of tection available. Under established law, any assets of a business; or any party who di- trademark registrations and for other trade- of these inventions which have been in com- rectly engages in the business of retail sales mark-related activities, and to cover a pro- mercial use—public or secret—for more than or distribution of products. Paragraph (4) de- portionate share of the administrative costs one year cannot now be the subject of a valid fines the term ‘‘invention promotion serv- of the USPTO. In an effort to more tightly U.S. patent. ices’’ to mean the procurement or attempted ‘‘fence’’ trademark funds for trademark pur- Sec. 4301. Short title procurement for a customer of a firm, cor- poses, section 4205 amends this language This subtitle may be cited as the ‘‘First In- poration, or other entity to develop and mar- such that all (trademark) fees available to ventor Defense Act of 1999.’’ the Commissioner shall be used for trade- ket products or services that include the cus- Sec.4302. Defense to patent infringement based mark registration and other trademark-re- tomer’s invention. on earlier inventor New section 297(d) requires the Director of lated purposes. In other words, the Commis- In establishing the defense, subsection (a) the USPTO to make publicly available all sioner may exercise no discretion when of section 4302 creates a new section 273 of complaints submitted to the USPTO regard- spending funds; they must be earmarked for the Patent Act, which in subsection (a) sets ing invention promoters, together with any trademark purposes. forth the following definitions: responses by invention promoters to those SUBTITLE C—FIRST INVENTOR DEFENSE (1) ‘‘Commercially used and commercial complaints. The Director is required to no- Subtitle C strikes an equitable balance be- use’’ mean use of any method in the United tify the invention promoter of a complaint tween the interests of U.S. inventors who States so long as the use is in connection and provide a reasonable opportunity to have invented and commercialized business with an internal commercial use or an actual reply prior to making such complaint public. methods and processes, many of which until sale or transfer of a useful end result; Section 297(d)(2) authorizes the Director to recently were thought not to be patentable, (2) ‘‘Commercial use as applied to a non- request from Federal and State agencies cop- and U.S. or foreign inventors who later pat- profit research laboratory and nonprofit en- ies of any complaints relating to invention ent the methods and processes. The subtitle tities such as a university, research center, promotion services they have received and to creates a defense for inventors who have re- or hospital intended to benefit the public’’ include those complaints in the records duced an invention to practice in the U.S. at means that such entities may assert the de- maintained by the USPTO regarding inven- least one year before the patent filing date of fense only based on continued use by and in tion promotion services. It is anticipated another, typically later, inventor and com- the entities themselves, but that the defense that the Director will use appropriate discre- mercially used the invention in the U.S. be- is inapplicable to subsequent commercialization in making such complaints available to fore the filing date. A party entitled to the tion or use outside the entities; the public for a reasonably sufficient, yet defense must not have derived the invention (3) ‘‘Method’’ means any method for doing limited, length of time, such as a period of from the patent owner. The bill protects the or conducting an entity’s business; and three years from the date of receipt, and patent owner by providing that the estab- (4) ‘‘Effective filing date’’ means the ear- that the Director will consult with the Fed- lishment of the defense by such an inventor lier of the actual filing date of the applica- eral Trade Commission to determine wheth- or entrepreneur does not invalidate the pat- tion for the patent or the filing date of any er the disclosure requirements of the FTC ent. earlier U.S., foreign, or international appli- and section 297(a) can be coordinated. The subtitle clarifies the interface between cation to which the subject matter at issue Sec. 4103. Effective date two key branches of intellectual property is entitled under the Patent Act. This section provides that the effective law—patents and trade secrets. Patent law To be ‘‘commercially used’’ or in ‘‘com- date of section 297 will be 60 days after the serves the public interest by encouraging in- mercial use’’ for purposes of subsection (a), date of enactment of this Act. novation and investment in new technology, the use must be in connection with either an SUBTITLE B—PATENT AND TRADEMARK FEE and may be thought of as providing a right internal commercial use or an actual arm’s- FAIRNESS to exclude other parties from an invention in Subtitle B provides patent and trademark 7 149 F.3d 1368 (Fed. Cir. 1998) [hereinafter State fee reform, by lowering patent fees, by di- 6 615 U.S.C. § 1051, et seq. Street].

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.081 pfrm02 PsN: H09PT1 H11802 CONGRESSIONAL RECORD — HOUSE November 9, 1999 length sale or other arm’s-length commer- in establishing it by clear and convincing that were beyond the control of the appli- cial transfer of a useful end result. The evidence. Subsection (b)(5) establishes that cant. Accordingly, subtitle D removes the 10– method that is the subject matter of the de- the person who abandons the commercial use year caps from the existing provisions, adds fense may be an internal method for doing of subject matter may not rely on activities a new provision to compensate applicants business, such as an internal human re- performed before the date of such abandon- fully for USPTO-caused administrative sources management process, or a method ment in establishing the defense with respect delays, and, for good measure, includes a new for conducting business such as a prelimi- to actions taken after the date of abandon- provision guaranteeing diligent applicants at nary or intermediate manufacturing proce- ment. Such a person can rely only on the least a 17–year term by extending the term dure, which contributes to the effectiveness date when commercial use of the subject of any patent not granted within three years of the business by producing a useful end re- matter was resumed. of filing. Thus, no patent applicant dili- sult for the internal operation of the busi- Subsection (b)(6) notes that the defense gently seeking to obtain a patent will re- ness or for external sale. Commercial use may only be asserted by the person who per- ceive a term of less than the 17 years as pro- does not require the subject matter at issue formed the acts necessary to establish the vided under the pre-GATT9 standard; in fact, to be accessible to or otherwise known to the defense, and, except for transfer to the pat- most will receive considerably more. Only public. ent owner, the right to assert the defense those who purposely manipulate the system Subject matter that must undergo a pre- cannot be licensed, assigned, or transferred to delay the issuance of their patents will be marketing regulatory review period during to a third party except as an ancillary and penalized under subtitle D, a result that the which safety or efficacy is established before subordinate part of a good-faith assignment Conferees believe entirely appropriate. commercial marketing or use is considered or transfer for other reasons of the entire en- Sec. 4401. Short title to be commercially used and in commercial terprise or line of business to which the de- use during the regulatory review period. fense relates. This subtitle may be cited as the ‘‘Patent The issue of whether an invention is a When the defense has been transferred Term Guarantee Act of 1999.’’ method is to be determined based on its un- along with the enterprise or line of business Sec. 4402. Patent term guarantee authority derlying nature and not on the technicality to which it relates as permitted by sub- Section 4402 amends section 154(b) of the of the form of the claims in the patent. For section (b)(6), subsection (b)(7) limits the Patent Act covering term. First, new sub- example, a method for doing or conducting sites for which the defense may be asserted. section (b)(1)(A)(i)–(iv) guarantees day-for- business that has been claimed in a patent as Specifically, when the enterprise or line of day restoration of term lost as a result of a programmed machine, as in the State business to which the defense relates has delay created by the USPTO when the agen- Street case, is a method for purposes of sec- been transferred, the defense may be as- cy fails to: tion 273 if the invention could have as easily serted only for uses at those sites where the (1) Make a notification of the rejection of been claimed as a method. Form should not subject matter was used before the later of any claim for a patent or any objection or rule substance. the patent filing date or the date of transfer argument under § 132, or give or mail a writ- Subsection (b)(1) of section 273 establishes of the enterprise or line of business. ten notice of allowance under § 151, within 14 a general defense against infringement under Subsection (b)(8) states that a person who months after the date on which a non-provi- section 271 of the Patent Act. Specifically, a fails to demonstrate a reasonable basis for sional application was actually filed in the person will not be held liable with respect to asserting the defense may be held liable for any subject matter that would otherwise in- USPTO; attorneys’ fees under section 285 of the Pat- (2) Respond to a reply under § 132, or to an fringe one or more claims to a method in an- ent Act. other party’s patent if the person: appeal taken under § 134, within four months Subsection (b)(9) specifies that the success- after the date on which the reply was filed or (1) Acting in good faith, actually reduced ful assertion of the defense does not mean the subject matter to practice at least one the appeal was taken; that the affected patent is invalid. Para- (3) Act on an application within four year before the effective filing date of the graph (9) eliminates a point of uncertainty months after the date of a decision by the patent; and under current law, and strikes a balance be- Board of Patent Appeals and Interferences (2) Commercially used the subject matter tween the rights of an inventor who obtains under § 134 or § 135 or a decision by a Federal before the effective filing date of the patent. a patent after another inventor has taken The first inventor defense is not limited to court under §§ 141, 145, or 146 in a case in the steps to qualify for a prior use defense. which allowable claims remain in the appli- methods in any particular industry such as The bill provides that the commercial use of the financial services industry, but applies cation; or a method in operating a business before the to any industry which relies on trade secrecy (4) Issue a patent within four months after patentee’s filing date, by an individual or en- for protecting methods for doing or con- the date on which the issue fee was paid tity that can establish a section 273 defense, ducting the operations of their business. under § 151 and all outstanding requirements Subsection (b)(2) states that the sale or does not invalidate the patent. For example, were satisfied. other lawful disposition of a useful end re- under current law, although the matter has Further, subject to certain limitations, sult produced by a patented method, by a seldom been litigated, a party who commer- infra, section 154(b)(1)(B) guarantees a total person entitled to assert a section 273 de- cially used an invention in secrecy before the application pendency of no more than three fense, exhausts the patent owner’s rights patent filing date and who also invented the years. Specifically, day-for-day restoration with respect to that end result to the same subject matter before the patent owner’s in- of term is granted if the USPTO has not extent such rights would have been ex- vention may argue that the patent is invalid issued a patent within three years after ‘‘the hausted had the sale or other disposition under section 102 (g) of the Patent Act. Argu- actual date of the application in the United been made by the patent owner. For exam- ably, commercial use of an invention in se- States.’’ This language was intentionally se- ple, if a purchaser would have had the right crecy is not suppression or concealment of lected to exclude the filing date of an appli- to resell a product or other end result if the invention within the meaning of section cation under the Patent Cooperation Treaty bought from the patent owner, the purchaser 102(g), and therefore the party’s earlier in- (PCT).10 Otherwise, an applicant could obtain will have the same right if the product is vention could invalidate the patent.8 up to a 30–month extension of a U.S. patent purchased from a person entitled to a section Sec. 4303. Effective date and applicability merely by filing under PCT, rather than di- 273 defense. The effective date for subtitle C is the date rectly in the USPTO, gaining an unfair ad- Subsection (b)(3) creates limitations and of enactment, except that the title does not vantage in contrast to strictly domestic ap- qualifications on the use of the defense. apply to any infringement action pending on plicants. Any periods of time— First, a person may not assert the defense the date of enactment or to any subject mat- (1) consumed in the continued examination unless the invention for which the defense is ter for which an adjudication of infringe- of the application under § 132(b) of the Patent asserted is for a commercial use of a method ment, including a consent judgment, has Act as added by section 4403 of this Act; as defined in section 273(a)(1) and (3). Second, been made before the date of enactment. (2) lost due to an interference under a person may not assert the defense if the section135(a), a secrecy order under section SUBTITLE D—PATENT TERM GUARANTEE subject matter was derived from the patent 181, or appellate review by the Board of Pat- Subtitle D amends the provisions in the owner or persons in privity with the patent ent Appeals and Interferences or by a Fed- Patent Act that compensate patent appli- owner. Third, subsection (b)(3) makes clear eral court (irrespective of the outcome); and that the application of the defense does not cants for certain reductions in patent term that are not the fault of the applicant. The create a general license under all claims of 9 General Agreement on Tariffs and Trade, Pub. L. the patent in question—it extends only to provisions that were initially included in the term adjustment provisions of patent bills in No. 103–465. The framework for international trade the specific subject matter claimed in the since its inception in 1948, GATT is now adminis- patent with respect to which the person can the 105th Congress only provided adjust- tered under the auspices of the World Trade Organi- assert the defense. At the same time, how- ments for up to 10 years for secrecy orders, zation (WTO) (see note 19, infra). ever, the defense does extend to variations in interferences, and successful appeals. Not 10 See Herbert F. Schwartz, Patent Law & Practice the quantity or volume of use of the claimed only are these adjustments too short in some (2d ed., Federal Judicial Center, 1995), note 72 at 22. The PCT is a multilateral treaty among more than subject matter, and to improvements that do cases, but no adjustments were provided for administrative delays caused by the USPTO 50 nations that is designed to simplify the patenting not infringe additional, specifically-claimed process when an applicant seeks a patent on the subject matter. same invention in more than one nation. See also 35 Subsection (b)(4) requires that the person 8 See Dunlop Holdings v. Ram Golf Corp., 524 F.2d 33 U.S.C.A. chs. 35–37 and PCT Applicant’s Guide (1992, asserting the defense has the burden of proof (7th Cir. 1975), cert. denied, 424 US 985 (1976). rev. 1994).

VerDate 29-OCT-99 05:45 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.083 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11803 (3) incurred at the request of an applicant lenging the determination of a patent term (B) to determine what information con- in excess of the three months to respond to prior to patent grant. cerning published applications shall be made a notice from the Office permitted by section Section 4402(b) makes certain conforming available to the public, and, under subpara- 154(b)(2)(C)(ii) unless excused by a showing amendments to section 282 of the Patent Act graph (C) any decision made in this regard is by the applicant under section 154(b)(3)(C) and the appellate jurisdiction of the U.S. final and not subject to review. that in spite of all due care the applicant Court of Appeals for the Federal Circuit.14 Subsection (b)(2) enumerates exceptions to could not respond within three months Sec. 4403. Continued examination of patent ap- the general rule requiring publication. Sub- shall not be considered a delay by the plications paragraph (A) precludes publication of any application that is: (1) no longer pending at USPTO and shall not be counted for purposes Section 4403 amends section 132 of the Pat- of determining whether the patent issued the 18th month from filing; (2) the subject of ent Act to permit an applicant to request a secrecy order until the secrecy order is re- within three years from the actual filing that an examiner continue the examination date. scinded; (3) a provisional application; 15 or (4) of an application following a notice of 16 Day-for-day restoration is also granted a design patent application. ‘‘final’’ rejection by the examiner. New sec- under new section 154(b)(1)(C) for delays re- Pursuant to subparagraph (B)(i), any appli- tion 132(b) authorizes the Director to pre- sulting from interferences,11 secrecy orders,12 cant who is not filing overseas and does not scribe regulations for the continued exam- and appeals by the Board of Patent Appeals wish her application to be published can sim- ination of an application notwithstanding a and Interferences or a Federal court in which ply make a request and state that her inven- a patent was issued as a result of a decision final rejection, at the request of the appli- tion has not and will not be the subject of an reversing an adverse determination of pat- cant. The Director may also establish appro- application filed in a foreign country that re- entability. priate fees for continued examination pro- quires publication after 18 months. Subpara- Section 4402 imposes limitations on res- ceedings, and shall provide a 50% fee reduc- graph (B)(ii) clarifies that an applicant may toration of term. In general, pursuant to new tion for small entities which qualify for such rescind this request at any time. Moreover, § 154(b)(2)(A)–(C) of the bill, total adjust- treatment under section 41(h)(1) of the Pat- if an applicant has requested that her appli- ments granted for restorations under (b)(1) ent Act. cation not be published in a foreign country are reduced as follows: Section 4404. Technical clarification with a publication requirement, subparagraph (B)(iii) imposes a duty on the appli- (1) To the extent that there are multiple Section 4404 of the bill coordinates tech- cant to notify the Director of this fact. An grounds for extending the term of a patent nical term adjustment provisions set forth in unexcused failure to notify the Director will that may exist simultaneously (e.g., delay section 154(b) with those in section 156(a) of result in the abandonment of the applica- due to a secrecy order under section 181 and the Patent Act. administrative delay under section tion. If an applicant either rescinds a request Section 4405. Effective date 154(b)(1)(A)), the term should not be extended that her application not be published or noti- for each ground of delay but only for the ac- The effective date for the amendments in fies the Director that an application has tual number of days that the issuance of a section 4402 and 4404 is six months after the been filed in an early publication country or patent was delayed; date of enactment and, with the exception of through the PCT, the U.S. application will (2) The term of any patent which has been design applications (the terms of which are be published at 18 months pursuant to sub- disclaimed beyond a date certain may not re- not measured from filing), applies to any ap- section (b)(1). Finally, under subparagraph (B)(v), where ceive an adjustment beyond the expiration plication filed on or after such date. The an applicant has filed an application in a for- date specified in the disclaimer; and amendments made by section 4403 take effect eign country, either directly or through the (3) Adjustments shall be reduced by a pe- six months after date of enactment to allow PCT, so that the application will be pub- riod equal to the time in which the applicant the USPTO to prepare implementing regula- lished 18 months from its earliest effective failed to engage in reasonable efforts to con- tions that apply to all national and inter- filing date, the applicant may limit the clude prosecution of the application, based national (PCT) applications filed on or after scope of the publication by the USPTO to on regulations developed by the Director, June 8, 1995. the total of the cumulative scope of the ap- and an applicant shall be deemed to have SUBTITLE E—DOMESTIC PUBLICATION OF plications filed in all foreign countries. failed to engage in such reasonable efforts PATENT APPLICATIONS PUBLISHED ABROAD Where the foreign application is identical to for any periods of time in excess of three Subtitle E provides for the publication of the application filed in the United States or months that are taken to respond to a notice pending patent applications which have a where an application filed under the PCT is from the Office making any rejection or corresponding foreign counterpart. Any identical to the application filed in the other request; pending U.S. application filed only in the United States, the applicant may not limit New section 154(b)(3) sets forth the proce- United States (e.g., one that does not have a dures for the adjustment of patent terms. the extent to which the application filed in foreign counterpart) will not be published if the United States is published. However, Paragraph (3)(A) empowers the Director to the applicant so requests. Thus, an applicant establish regulations by which term exten- where an applicant has limited the descrip- wishing to maintain her application in con- tion of an application filed in a foreign coun- sions are determined and contested. Para- fidence may do so merely by filing only in graph (3)(B) requires the Director to send a try, either directly or through the PCT in the United States and requesting that the comparison with the application filed in the notice of any determination with the notice USPTO not publish the application. For of allowance and to give the applicant one USPTO, the applicant may restrict the pub- those applicants who do file abroad or who lication by the USPTO to no more than the opportunity to request reconsideration of voluntarily publish their applications, provi- the determination. Paragraph (3)(C) requires cumulative details of what will be published sional rights will be available for assertion the Director to reinstate any time the appli- in all of the foreign applications and through against any third party who uses the claimed cant takes to respond to a notice from the the PCT. The applicant may restrict the ex- invention between publication and grant pro- Office in excess of three months that was de- tent of publication of her U.S. application by vided that substantially similar claims are ducted from any patent term extension that submitting a redacted copy of the applica- contained in both the published application would otherwise have been granted if the ap- tion to the USPTO eliminating only those and granted patent. This change will ensure plicant can show that he or she was, in spite details that will not be published in any of that American inventors will be able to see of all due care, unable to respond within the foreign applications. Any description the technology that our foreign competition three months. In no case shall more than an contained in at least one of the foreign na- is seeking to patent much earlier than is additional three months be reinstated for tional or PCT filings may not be excluded each response. Paragraph (3)(D) requires the possible today. from publication in the corresponding U.S. Director to grant the patent after comple- Sec. 4501. Short title patent application. To ensure that any re- tion of determining any patent term exten- This subtitle may be cited as the ‘‘Domes- dacted copy of the U.S. application is pub- sion irrespective of whether the applicant tic Publication of Foreign Filed Patent Ap- lished in place of the original U.S. applica- appeals. plications Act of 1999.’’ tion, the redacted copy must be received New section 154(b)(4) regulates appeals of within 16 months from the earliest effective Sec. 4502. Publication term adjustment determinations made by filing date. Finally, if the published U.S. ap- the Director. Paragraph (4)(A) requires a dis- As provided in subsection (a) of section plication as redacted by the applicant does satisfied applicant to seek remedy in the 4502, amended section 122(a) of the Patent Act continues the general rule that patent District Court for the District of Columbia 15 applications will be maintained in con- 35 U.S.C. § 111(b). Pursuant to 35 U.S.C. § 111(b)(5), under the Administrative Procedures Act 13 all provisional applications are abandoned 12 within 180 days after the grant of the patent. fidence. Paragraph (1)(A) of new subsection months after the date of their filing; accordingly, The Director shall alter the term of the pat- (b) of section 122 creates a new exception to they are not subject to the 18-month publication re- ent to reflect any final judgment. Paragraph this general rule by requiring publication of quirement. (4)(B) precludes a third party from chal- certain applications promptly after the expi- 16 35 U.S.C. § 171. Since design applications do not ration of an 18–month period following the disclose technology, inventors do not have a par- earliest claimed U.S. or foreign filing date. ticular interest in having them published. The bill 11 35 U.S.C. § 135(a). The Director is authorized by subparagraph as written therefore simplifies the proposed system 12 35 U.S.C. § 181. of publication to confine the requirement to those 13 5 U.S.C. §§ 551–559, 701–706, 1305, 3105, 3344, 5372, applications for which there is a need for publica- 7521. 14 28 U.S.C. § 1295. tion.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.085 pfrm02 PsN: H09PT1 H11804 CONGRESSIONAL RECORD — HOUSE November 9, 1999 not enable a person skilled in the art to claim such priority; and (3) accept an unin- by the USPTO in the same fashion as a pat- make and use the claimed invention, provi- tentionally late claim of priority subject to ent published by the USPTO. Accordingly, a sional rights under section 154(d) shall not be the payment of a surcharge. published application is given prior art effect available. Sec. 4504. Provisional rights as of its earliest effective U.S. filing date Subsection (c) requires the Director to es- Section 4504 amends section 154 of the Pat- against any subsequently filed U.S. applica- tablish procedures to ensure that no protest ent Act by adding a new subsection (d) to actions. As with patents, any foreign filing or other form of pre-issuance opposition to cord provisional rights to obtain a reason- date to which the published application is the grant of a patent on an application may able royalty for applicants whose applica- entitled will not be the effective filing date be initiated after publication without the ex- tions are published under amended section of the U.S. published application for prior press written consent of the applicant. 122(b) of the Patent Act, supra, or applica- art purposes. An exception to this general Subsection (d) protects our national secu- tions designating the United States filed rule is made for international applications rity by providing that no application may be under the PCT. Generally, this provision es- designating the United States that are pub- published under subsection (b)(1) where the tablishes the right of an applicant to obtain lished under Article 21(2)(a) of the PCT in publication or disclosure of such invention a reasonable royalty from any person who, the English language. Such applications are would be detrimental to the national secu- during the period beginning on the date that given a prior art effect as of their inter- rity. In addition, the Director of the USPTO his or her application is published and end- national filing date. The prior art effect ac- is required to establish appropriate proce- ing on the date a patent is issued— corded to patents under section 4505 remains dures to ensure that such applications are (1) makes, uses, offers for sale, or sells the unchanged from present section 102(e) of the promptly identified and the secrecy of such invention in the United States, or imports Patent Act. inventions is maintained in accordance with such an invention into the United States; or Sec. 4506. Cost recovery for publications chapter 17 of the Patent Act, which governs (2) if the invention claimed is a process, Section 4506 authorizes the Director to re- secrecy of inventions in the interest of na- makes, uses, offers for sale, sells, or imports cover the costs of early publication required tional security. a product made by that process in the United by the amendment made by section 4502 of Subsection (b) of section 4502 of subtitle E States; and this Act by charging a separate publication requires the Government Accounting Office (3) had actual notice of the published appli- fee after a notice of allowance is given pursu- (GAO) to conduct a study of applicants who cation and, in the case of an application filed ant to section 151 of the Patent Act. file only in the United States during a three- under the PCT designating the United States Sec. 4507. Conforming amendments year period beginning on the effective date that is published in a language other than Section 4507 consists of various technical of subtitle E. The study will focus on the English, a translation of the application into and conforming amendments to the Patent percentage of U.S. applicants who file only English. Act. These include amending section 181 of in the United States versus those who file The requirement of actual notice is crit- the Patent Act to clarify that publication of outside the United States; how many domes- ical. The mere fact that the published appli- pending applications does not apply to appli- tic-only filers request not to be published; cation is included in a commercial database cations under secrecy orders, and amending how many who request not to be published where it might be found is insufficient. The section 284 of the Patent Act to ensure that later rescind that request; and whether there published applicant must give actual notice increased damages authorized under section is any correlation between the type of appli- of the published application to the accused 284 shall not apply to the reasonable royal- cant (e.g., small vs. large entity) and publi- infringer and explain what acts are regarded ties possible under amended section 154(d). In cation. The Comptroller General must sub- as giving rise to provisional rights. addition, section 374 of the Patent Act is Another important limitation on the avail- mit the findings of the study, once com- amended to provide that the effect of the ability of provisional royalties is that the pleted, to the Committees on the Judiciary publication of an international application claims in the published application that are of the House and Senate. designating the United States shall be the alleged to give rise to provisional rights Sec. 4503. Time for claiming benefit of earlier fil- same as the publication of an application must also appear in the patent in substan- ing date published under amended section 122(b), ex- tially identical form. To allow anything less cept as its effect as prior art is modified by Section 119 of the Patent Act prescribes than substantial identity would impose an amended section 102(e) and its giving rise to procedures to implement the right to claim unacceptable burden on the public. If provi- provisional rights is qualified by new section priority under Article 4 of the Paris Conven- sional rights were available in the situation 154(d). tion for the Protection of Industrial Prop- where the only valid claim infringed first ap- erty.17 Under that Article, an applicant seek- peared in substantially that form in the Sec. 4508. Effective date ing protection in the United States may granted patent, the public would have no Subtitle E shall take effect on the date claim the filing date of an application for guidance as to the specific behavior to avoid that is one year after the date of enactment the same invention filed in another Conven- between publication and grant. Every person and shall apply to all applications filed tion country—provided the subsequent appli- or company that might be operating within under section 111 of the Patent Act on or cation is filed in the United States within 12 the scope of the disclosure of the published after that date; and to all applications com- months of the earlier filing in the foreign application would have to conduct her own plying with section 371 of the Patent Act country. private examination to determine whether a that resulted from international applica- Section 4503 of subtitle V amends section published application contained patentable tions filed on or after that date. The provi- 119(b) of the Patent Act to authorize the Di- subject matter that she should avoid. The sional rights provided in amended section rector to establish a cut-off date by which burden should be on the applicant to ini- 154(d) and the prior art effect provided in the applicant must claim priority. This is to tially draft a schedule of claims that gives amended section 102(e) shall apply to all ap- ensure that the claim will be made early adequate notice to the public of what she is plications pending on the date that is one enough—generally not later than the 16th seeking to patent. year after the date of enactment that are month from the earliest effective filing Amended section 154(d)(3) imposes a six- voluntarily published by their applicants. Fi- date—so as to permit an orderly publication year statute of limitations from grant in nally, section 404 (provisional rights) shall schedule for pending applications. As the which an action for reasonable royalties apply to international applications desig- USPTO moves to electronic filing, it is envi- must be brought. nating the United States that are filed on or sioned that this date could be moved closer Amended section 154(d)(4) sets forth some after the date that is one year after the date to the 18th month. additional rules qualifying when an inter- of enactment. The amendment to § 119(b) also gives the national application under the PCT will give SUBTITLE F—OPTIONAL INTER PARTES Director the discretion to consider the fail- rise to provisional rights. The date that will REEXAMINATION PROCEDURE ure of the applicant to file a timely claim for give rise to provisional rights for inter- Subtitle F is intended to reduce expensive priority to be a waiver of any such priority national applications will be the date on patent litigation in U.S. district courts by claim. The Director is also authorized to es- which the USPTO receives a copy of the ap- giving third-party requesters, in addition to tablish procedures (including the payment of plication published under the PCT in the the existing ex parte reexamination in Chap- a surcharge) to accept an unintentionally de- English language; if the application is pub- ter 30 of title 35, the option of inter partes layed priority claim. lished under the PCT in a language other reexamination proceedings in the USPTO. Section 4503(b) of subtitle E amends sec- than English, then the date on which provi- Congress enacted legislation to authorize ex tion 120 of the Patent Act in a similar way. sional rights will arise will be the date on parte reexamination of patents in the This provision empowers the Director to: (1) which the USPTO receives a translation of USPTO in 1980, but such reexamination has establish a time by which the priority of an the international application in the English been used infrequently since a third party earlier filed United States application must language. The Director is empowered to re- who requests reexamination cannot partici- be claimed; (2) consider the failure to meet quire an applicant to provide a copy of the pate at all after initiating the proceedings. that time limit to be a waiver of the right to international application and a translation Numerous witnesses have suggested that the of it. volume of lawsuits in district courts will be Sec. 4505. Prior art effect of published applica- 17 Mar. 20, 1883, as revised at Brussels, Dec. 14, 1900, reduced if third parties can be encouraged to 25 Stat. 1645, T.S. No. 579, and subsequently through tions use reexamination by giving them an oppor- 1967. The Convention has 156 member nations, in- Section 4505 amends section 102(e) of the tunity to argue their case for patent inva- cluding the United States. Patent Act to treat an application published lidity in the USPTO. Subtitle F provides

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.086 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11805 that opportunity as an option to the existing 314. Generally, under proposed section 314, unless authorized by the Director. Further, ex parte reexamination proceedings. inter partes reexamination shall be con- if a third-party requester asserts patent in- Subtitle F leaves existing ex parte reexam- ducted according to the procedures set forth validity in a civil action and a final decision ination procedures in Chapter 30 of title 35 in sections 132–133 of the Patent Act. The is entered that the party failed to prove the intact, but establishes an inter partes reex- patent owner will be permitted to propose assertion of invalidity, or if a final decision amination procedure which third-party re- any amendment to the patent and a new in an inter partes reexamination instituted questers can use at their option. Subtitle VI claim or claims, with the same exception by the requester is favorable to patent- allows third parties who request inter partes contained in section 305: no proposed amend- ability, after any appeals, that third-party reexamination to submit one written comed or new claim enlarging the scope of the requester cannot thereafter request inter ment each time the patent owner files a re- claims will be allowed. partes reexamination on the basis of issues sponse to the USPTO. In addition, such Proposed section 314 elaborates on proce- which were or which could have been raised. third-party requesters can appeal to the dure with regard to third-party requesters However, the third-party requester may as- USPTO Board of Patent Appeals and Inter- who, for the first time, are given the option sert invalidity based on newly discovered ferences from an examiner’s determination to participate in inter partes reexamination prior art unavailable at the time of the civil that the reexamined patent is valid, but may proceedings. With the exception of the inter action or inter partes reexamination. Prior not appeal to the Court of Appeals for the partes reexamination request, any document art was unavailable at the time if it was not Federal Circuit. To prevent harassment, any- filed by either the patent owner or the third- known to the individuals who were involved one who requests inter partes reexamination party requester shall be served on the other in the civil action or inter partes reexamination proceeding on behalf of the third-party must identify the real party in interest and party. In addition, the third party-requester third-party requesters who participate in an requester and the USPTO. in an inter partes reexamination shall re- Proposed section 318 gives a patent owner inter partes reexamination proceeding are ceive a copy of any communication sent by the right, once an inter partes reexamina- estopped from raising in a subsequent court the USPTO to the patent owner. After each tion has been ordered, to obtain a stay of any action or inter partes reexamination any response by the patent owner to an action on pending litigation involving an issue of pat- issue of patent validity that they raised or the merits by the USPTO, the third-party re- entability of any claims of the patent that could have raised during such inter partes quester shall have one opportunity to file are the subject of the inter partes reexam- reexamination. written comments addressing issues raised ination, unless the court determines that the Subtitle F contains the important thresh- by the USPTO or raised in the patent own- stay would not serve the interests of justice. old safeguard (also applied in ex parte reex- er’s response. Unless ordered by the Director Sec. 4605. Conforming amendments amination) that an inter partes reexamina- for good cause, the agency must act in an Section 4605 makes the following con- tion cannot be commenced unless the inter partes reexamination matter with spe- USPTO makes a determination that a ‘‘sub- forming amendments to the Patent Act: cial dispatch. A patent owner must pay a fee of $1,210 for stantial new question’’ of patentability is Proposed section 315 prescribes the proce- each petition in connection with an uninten- raised. Also, as under Chapter 30, this deter- dures for appeal of an adverse USPTO deci- tionally abandoned application, delayed pay- mination cannot be appealed, and grounds sion by the patent owner and the third-party ment, or delayed response by the patent for inter partes reexamination are limited to requester in an inter partes reexamination. owner during any reexamination. earlier patents and printed publications— Both the patent owner and the third-party A patent applicant, any of whose claims grounds that USPTO examiners are well- requester are entitled to appeal to the Board has been twice rejected; a patent owner in a suited to consider. of Patent Appeals and Interferences (section reexamination proceeding; and a third-party Sec. 4601. Short title 134 of the Patent Act), but only the patentee requester in an inter partes reexamination This subtitle may be cited as the ‘‘Optional can appeal to the U.S. Court of Appeals for proceeding may all appeal final adverse deci- Inter Partes Reexamination Procedure Act.’’ the Federal Circuit (§§ 141–144); either may sions from a primary examiner to the Board Sec. 4602. Clarification of Chapter 30 also be a party to any appeal by the other to of Patent Appeals and Interferences. the Board of Patent Appeals and Inter- Proposed section 141 states that a patent This section distinguishes Chapter 31 from ferences. The patentee is not entitled to the owner in a reexamination proceeding may existing Chapter 30 by changing the title of alternative of an appeal of an inter partes re- appeal an adverse decision by the Board of Chapter 30 to ‘‘Ex Parte Reexamination of examination to the U.S. District Court for Patent Appeals and Interferences only to the Patents.’’ the District of Columbia. Such appeals are U.S. Court of Appeals for the Federal Circuit Sec. 4603. Definitions rarely taken from ex parte reexamination as earlier noted. A third-party requester in This section amends section 100 of the Pat- proceedings under existing law and its re- an inter partes reexamination proceeding ent Act by defining ‘‘third-party requester’’ moval should speed up the process. may not appeal beyond the Board of Patent as a person who is not the patent owner re- To deter unnecessary litigation, proposed Appeals and Interferences. questing ex parte reexamination under sec- section 315 imposes constraints on the third- The Director is required pursuant to section 302 or inter partes reexamination under party requester. In general, a third-party re- tion 143 (proceedings on appeal to the Fed- section 311. quester who is granted an inter partes reex- eral Circuit) to submit to the court the grounds for the USPTO decision in any reex- Sec. 4604. Optional inter partes reexamination amination by the USPTO may not assert at amination addressing all the issues involved procedure a later time in any civil action in U.S. district court 18 the invalidity of any claim fi- in the appeal. Section 4604 amends Part III of title 35 by Sec. 4606. Report to Congress inserting a new Chapter 31 setting forth op- nally determined to be patentable on any Not later than five years after the effective tional inter partes reexamination proce- ground that the third-party requester raised date of subtitle F, the Director must submit dures. or could have raised during the inter partes New section 311, as amended by this sec- reexamination. However, the third-party re- to Congress a report evaluating whether the tion, differs from section 302 of existing law quester may assert invalidity based on newly inter partes reexamination proceedings set forth in the title are inequitable to any of in Chapter 30 of the Patent Act by requiring discovered prior art unavailable at the time the parties in interest and, if so, the report any person filing a written request for inter of the reexamination. Prior art was unavail- shall contain recommendations for change to partes reexamination to identify the real able at the time of the inter partes reexam- eliminate the inequity. party in interest. ination if it was not known to the individ- Similar to section 303 of existing law, new uals who were involved in the reexamination Sec. 4607. Estoppel effect of reexamination section 312 of the Patent Act confers upon proceeding on behalf of the third-party re- Section 4607 estops any party who requests the Director the authority and responsibility quester and the USPTO. inter partes reexamination from challenging to determine, within three months after the Section 316 provides for the Director to at a later time, in any civil action, any fact filing of a request for inter partes reexam- issue and publish certificates canceling determined during the process of the inter ination, whether a substantial new question unpatentable claims, confirming patentable partes reexamination, except with respect to affecting patentability of any claim of the claims, and incorporating any amended or a fact determination later proved to be erro- patent is raised by the request. Also, the de- new claim determined to be patentable in an neous based on information unavailable at cision in this regard is final and not subject inter partes procedure. the time of the inter partes reexamination. to judicial review. Subtitle F creates a new section 317 which The estoppel arises after a final decision in Proposed sections 313–14 under this subtitle sets forth certain conditions by which inter the inter partes reexamination or a final de- are similarly modeled after sections 304–305 partes reexamination is prohibited to guard cision in any appeal of such reexamination. of Chapter 30. Under proposed section 313, if against harassment of a patent holder. In If section 4607 is held to be unenforceable, the Director determines that a substantial general, once an order for inter partes reex- the enforceability of the rest of subtitle F or new question of patentability affecting a amination has been issued, neither a third- the Act is not affected. claim is raised, the determination shall in- party requester nor the patent owner may Sec. 4608. Effective date clude an order for inter partes reexamination file a subsequent request for inter partes re- Subtitle F shall take effect on the date of for resolution of the question. The order may examination until an inter partes reexam- the enactment and shall apply to any patent be accompanied by the initial USPTO action ination certificate is issued and published, that issues from an original application filed on the merits of the inter partes reexamina- in the United States on or after that date, tion conducted in accordance with section 18 See 28 U.S.C. § 1338. except that the amendments made by section

VerDate 29-OCT-99 06:04 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.088 pfrm02 PsN: H09PT1 H11806 CONGRESSIONAL RECORD — HOUSE November 9, 1999 4605(a) shall take effect one year from the (B) are in accordance with § 553 of title 5, Trade Representative as set forth in section date of enactment. (C) facilitate and expedite the processing 141 of the Trade Act of 1974,19 nor derogates SUBTITLE G—UNITED STATES PATENT AND of patent applications, particularly those from the duties and functions of the Register TRADEMARK OFFICE which can be processed electronically, of Copyrights. The Director is required to (D) govern the recognition, conduct, and consult with the Administrator of General Subtitle G establishes the United States qualifications of agents, attorneys, or other Services when exercising authority under Patent and Trademark Office (USPTO) as an persons representing applicants or others be- paragraphs (3) and (4)(A). Nothing in section agency of the United States within the De- fore the USPTO, 4712 may be construed to nullify, void, can- partment of Commerce. The Secretary of (E) recognize the public interest in ensur- cel, or interrupt any pending request-for-pro- Commerce gives policy direction to the agen- ing that the patent system retain a reduced posal let or contract issued by the General cy, but the agency is autonomous and re- fee structure for small entities, and Services Administration for the specific pur- sponsible for the management and adminis- (F) provide for the development of a per- pose of relocating or leasing space to the tration of its operations and has independent formance-based process for managing that USPTO. Finally, in exercising the powers control of budget allocations and expendi- includes quantitative and qualitative meas- and duties under this section, the Director tures, personnel decisions and processes, and ures, standards for evaluating cost-effective- shall consult with the Register of Copyright procurement. The Committee intends that ness, and consistency with principles of im- on all Copyright and related matters. the Office will conduct its patent and trade- partiality and competitiveness; Sec. 4713. Organization and management mark operations without micro-management (3) the authority to acquire, construct, Section 4713 details the organization and by Department of Commerce officials, with purchase, lease, hold, manage, operate, im- management of the agency. The powers and the exception of policy guidance of the Sec- prove, alter and renovate any real, personal, duties of the USPTO shall be vested in the retary. The agency is headed by an Under or mixed property as it considers necessary Under Secretary and Director, who shall be Secretary of Commerce for Intellectual to discharge its functions; appointed by the President, by and with the Property and Director of the United States (4) the authority to make purchases of consent of the Senate. The Under Secretary Patent and Trademark Office, a Deputy, and property, contracts for construction, mainte- and Director performs two main functions. a Commissioner of Patents and a Commis- nance, or management and operation of fa- As Under Secretary of Commerce for Intel- sioner of Trademarks. The agency is exempt cilities, as well as to contract for and pur- lectual Property, she serves as the policy ad- from government-wide personnel ceilings. A chase printing services without regard to visor to the Secretary of Commerce and the patent public advisory committee and a those federal laws which govern such pro- President on intellectual property issues. As trademark public advisory committee are es- ceedings; Director, she is responsible for supervising tablished to advise the Director on agency (5) the authority to use services, equip- the management and direction of the policies, goals, performance, budget and user ment, personnel, facilities and equipment of USPTO. She shall consult with the Public fees. other federal entities, with their consent and Advisory Committees, infra, on a regular Sec. 4701. Short title on a reimbursable basis; basis regarding operations of the agency and before submitting budgetary proposals and This subtitle may be cited as the ‘‘Patent (6) the authority to use, with the consent fee or regulation changes. The Director shall and Trademark Office Efficiency Act.’’ of the United States and the agency, government, or international organization con- take an oath of office. The President may re- SUBCHAPTER A—UNITED STATES PATENT AND cerned, the services, records, facilities or move the Director from office, but must pro- TRADEMARK OFFICE personnel of any State or local government vide notification to both houses of Congress. Sec. 4711. Establishment of Patent and Trade- agency or foreign patent or trademark office The Secretary of Commerce, upon nomina- mark Office or international organization to perform tion of the Director, shall appoint a Deputy Director to act in the capacity of the Direc- Section 4711 establishes the USPTO as an functions on its behalf; tor if the Director is absent or incapacitated. agency of the United States within the De- (7) the authority to retain and use all of its The Secretary of Commerce shall also ap- partment of Commerce and under the policy revenues and receipts; (8) a requirement to advise the President, point two Commissioners, one for Patents, direction of the Secretary of Commerce. The the other for Trademarks, without regard to USPTO, as an autonomous agency, is explic- through the Secretary of Commerce, on national and certain international intellectual chapters 33, 51, or 53 of title 5 of the U.S. itly responsible for decisions regarding the Code. The Commissioners will have five-year management and administration of its oper- property policy issues; (9) a requirement to advise Federal depart- terms and may be reappointed to new terms ations and has independent control of budget by the Secretary. Each Commissioner shall ments and agencies of intellectual property allocations and expenditures, personnel deci- possess a demonstrated experience in patent policy in the United States and intellectual sions and processes, procurements, and other and trademark law, respectively; and they property protection abroad; administrative and management functions. shall be responsible for the management and (10) a requirement to provide guidance re- Patent operations and trademark operations direction of the patent and trademark oper- are to be treated as separate operating units garding proposals offered by agencies to as- ations, respectively. In addition to receiving within the Office, each under the direction of sist foreign governments and international a basic rate of compensation under the Sen- its respective Commissioner, as supervised intergovernmental organizations on matters ior Executive Service 20 and a locality pay- by the Director. of intellectual property protection; ment,21 the Commissioners may receive bo- The USPTO shall maintain its principal of- (11) the authority to conduct programs, nuses of up to 50 percent of their annual fice in the metropolitan Washington, D.C., studies or exchanges regarding domestic or basic rate of compensation, not to exceed the area, for the service of process and papers international intellectual property law and salary of the Vice President, based on a per- and for the purpose of discharging its func- the effectiveness of intellectual property formance evaluation by the Secretary, act- tions. For purposes of venue in civil actions, protection domestically and abroad; ing through the Director. The Secretary may the agency is deemed to be a resident of the (12) a requirement to advise the Secretary remove Commissioners for misconduct or un- district in which its principal office is lo- of Commerce on any programs and studies satisfactory performance. It is intended that cated, except where otherwise provided by relating to intellectual property policy that the Commissioners will be non-political ex- law. The USPTO is also permitted to estab- the USPTO may conduct or is authorized to pert appointees, independently responsible lish satellite offices in such other places in conduct, cooperatively with foreign intellec- for operations, subject to supervision by the the United States as it considers necessary tual property offices and international inter- Director. and appropriate to conduct business. This is governmental organizations; and The Director may appoint all other offi- intended to allow the USPTO, if appropriate, (13) the authority to (A) coordinate with cers, agents, and employees as she sees fit, to serve American applicants better. the Department of State in conducting pro- and define their responsibilities with equal grams and studies cooperatively with foreign discretion. The USPTO is specifically not Sec. 4712. Powers and duties intellectual property offices and inter- subject to any administratively or statu- Subject to the policy direction of the Sec- national intergovernmental organizations, torily imposed limits (full-time equivalents, retary of the Commerce, in general the and (B) transfer, with the concurrence of the or ‘‘FTEs’’) on positions or personnel. USPTO will be responsible for the granting Secretary of State, up to $100,000 in any year The USPTO is charged with developing and and issuing of patents, the registration of to the Department of State to pay an inter- submitting to Congress a proposal for an in- trademarks, and the dissemination of patent national intergovernmental organization for centive program to retain senior (of the pri- and trademark information to the public. studies and programs advancing inter- mary examiner grade or higher) patent and The USPTO will also possess specific pow- national cooperation concerning patents, trademark examiners eligible for retirement ers, which include: trademarks, and other matters. for the sole purpose of training patent and (1) a requirement to adopt and use an Of- The specific powers set forth in new sub- trademark examiners. fice seal for judicial notice purposes and for section (b) are clarified in new subsection The Director of the USPTO, in consulta- authenticating patents, trademark certifi- (c). The special payments of paragraph tion with the Director of the Office of Per- cates and papers issued by the Office; (14)(B) are additional to other payments or sonnel Management, is required to maintain (2) the authority to establish regulations, contributions and are not subject to any lim- not inconsistent with law, that itation imposed by law. Nothing in sub- 19 19 U.S.C. § 2171. (A) govern the conduct of USPTO pro- section (b) derogates from the duties of the 20 28 U.S.C. § 5382. ceedings within the Office, Secretary of State or the United States 21 5 U.S.C. § 5304(h)(2)(C).

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.090 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11807 a program for identifying national security Members of the Committees are com- uty Director at Level IV of the Executive positions at the USPTO and for providing for pensated at a defined daily rate for meeting Schedule.23 appropriate security clearances for USPTO and travel days. Members are provided ac- SUBCHAPTER B—EFFECTIVE DATE; TECHNICAL employees in order to maintain the secrecy cess to USPTO records and information AMENDMENTS of inventions as described in section 181 of other than personnel or other privileged in- Sec. 4731. Effective date the Patent Act and to prevent disclosure of formation including that concerning patent The effective date of subtitle G is four sensitive and strategic information in the in- applications. Members are special Govern- months after the date of enactment. terest of national security. ment employees within the meaning of sec- The USPTO will be subject to all provi- tion 202 of title 18. The Federal Advisory Sec. 4732. Technical and conforming amend- sions of title 5 of the U.S. Code governing Committee Act shall not apply to the Com- ments federal employees. All relevant labor agree- mittees. Finally, section 4714 provides that Section 4732 sets forth numerous technical ments which are in effect the day before en- Committee meetings shall be open to the and conforming amendments related to sub- actment of subtitle G shall be adopted by the public unless by a majority vote the Com- title G. agency. All USPTO employees as of the day mittee meets in executive session to con- SUBCHAPTER C—MISCELLANEOUS PROVISIONS before the effective date of subtitle G shall sider personnel or other confidential infor- Sec. 4741. References remain officers and employees of the agency mation. Section 4741 clarifies that any reference to without a break in service. Other personnel Sec. 4715. Conforming amendments the transfer of a function from a department of the Department of Commerce shall be Technical conforming amendments to the or office to the head of such department or transferred to the USPTO only if necessary Patent Act are set forth in section 4715. office means the head of such department or to carry out purposes of subtitle G of the bill Sec. 4716. Trademark Trial and Appeal Board office to which the function is transferred. In and if a major function of their work is reim- addition, references in other federal mate- bursed by the USPTO, they spend at least Section 4716 amends section 17 of the rials to the current Commissioner of Patents half of their work time in support of the Trademark Act of 1946 by specifying that the and Trademarks refer, upon enactment, to USPTO, or a transfer to the USPTO would be Director shall give notice to all affected par- the Under Secretary of Commerce for Intel- in the interest of the agency, as determined ties and shall direct a Trademark Trial and lectual Property and Director of the United by the Secretary of Commerce in consulta- Appeal Board to determine the respective States Patent and Trademark Office. Simi- tion with the Director. rights of those parties before it in a relevant On or after the effective date of the Act, proceeding. The section also invests the Di- larly, references to the Assistant Commis- the President shall appoint an individual to rector with the power of appointing adminis- sioner for Patents are deemed to refer to the serve as Director until a Director qualifies trative trademark judges to the Board. The Commissioner for Patents and references to under subsection (a). The persons serving as Director, the Commissioner for Trademarks, the Assistant Commissioner for Trademarks the Assistant Commissioner for Patents and the Commissioner for Patents, and the ad- are deemed to refer to the Commissioner for the Assistant Commissioner for Trademarks ministrative trademark judges shall serve on Trademarks. on the day before the effective date of the the Board. Sec. 4742. Exercise of authorities Act may serve as the Commissioner for Pat- Sec. 4717. Board of Patent Appeals and Inter- Under section 4742, except as otherwise ents and the Commissioner for Trademarks, ferences provided by law, a federal official to whom a respectively, until a respective Commis- Under existing section 7 of the Patent Act, function is transferred pursuant to subtitle sioner is appointed under subsection (b)(2). the Commissioner, Deputy Commissioner, G may exercise all authorities under any Sec. 4714. Public Advisory Committees Assistant Commissioners, and the exam- other provision of law that were available regarding the performance of that function to Section 4714 provides a new section 5 of the iners-in-chief constitute the Board of Patent the official empowered to perform that func- Patent Act which establishes a Patent Pub- Appeals and Interferences. Pursuant to section immediately before the date of the lic Advisory Committee and a Trademark tion 4717 of subtitle G, the Board shall be transfer of the function. Public Advisory Committee. Each Com- comprised of the Director, the Commissioner mittee has nine voting members with three- for Patents, the Commissioner for Trade- Sec. 4743. Savings provisions year terms appointed by and serving at the marks, and the administrative patent judges. Relevant legal documents that relate to a pleasure of the Secretary of Commerce. Ini- In addition, the existing statute allows each function which is transferred by subtitle G, tial appointments will be made within three appellant a hearing before three members of and which are in effect on the date of such months of the effective date of the Act; and the Board who are designated by the Direc- transfer, shall continue in effect according three of the initial appointees will receive tor. Section 4717 empowers the Director with to their terms unless later modified or re- one-year terms, three will receive two-year this authority. pealed in an appropriate manner. Applica- terms, and three will receive full terms. Va- Sec. 4718. Annual report of Director tions or proceedings concerning any benefit, cancies will be filled within three months. No later than 180 days after the end of each service, or license pending on the effective The Secretary will also designate chair- fiscal year, the Director must provide a re- date of subtitle G before an office transferred persons for three-year terms. port to Congress detailing funds received and shall not be affected, and shall continue The members of the Committees will be expended by the USPTO, the purposes for thereafter, but may later be modified or re- U.S. citizens and will be chosen to represent which the funds were spent, the quality and pealed in the appropriate manner. the interests of USPTO users. The Patent quantity of USPTO work, the nature of Subtitle G will not affect suits commenced Public Advisory Committee shall have mem- training provided to examiners, the evalua- before the effective date of passage. Suits or bers who represent small and large entity ap- tions of the Commissioners by the Secretary actions by or against the Department of plicants in the United States in proportion of Commerce, the Commissioners’ compensa- Commerce, its employees, or the Secretary to the number of applications filed by the tion, and other information relating to the shall not abate by reason of enactment of small and large entity applicants. In no case agency. subtitle G. Suits against a relevant govern- shall the small entity applicants be rep- Sec. 4719. Suspension or exclusion from practice ment officer in her official capacity shall resented by less than 25 percent of the mem- Under existing section 32 of the Patent continue post enactment, and if a function bers of the Patent Public Advisory Com- Act, the Commissioner (the Director pursu- has transferred to another officer by virtue mittee, at least one of whom shall be an ant to this Act) has the authority, after no- of enactment, that other officer shall sub- independent inventor. The members of both tice and a hearing, to suspend or exclude stitute as the defendant. Finally, adminis- Committees shall include individuals with from further practice before the USPTO any trative and judicial review procedures that substantial background and achievement in person who is incompetent, disreputable, in- apply to a function transferred shall apply to finance, management, labor relations, dulges in gross misconduct or fraud, or is the head of the relevant federal agency and science, technology, and office automation. noncompliant with USPTO regulations. Sec- other officers to which the function is trans- The patent and trademark examiners’ unions tion 4719 permits the Director to designate ferred. are entitled to have one representative on an attorney who is an officer or employee of Sec. 4744. Transfer of assets their respective Advisory Committee in a the USPTO to conduct a hearing under sec- Section 4744 states that all available per- non-voting capacity. tion 32. sonnel, property, records, and funds related The Committees meet at the call of the Sec. 4720. Pay of Director and Deputy Director to a function transferred pursuant to sub- chair to consider an agenda established by title G shall be made available to the rel- the chair. Each Committee reviews the poli- Section 4720 replaces the Assistant Sec- retary of Commerce and Commissioner of evant official or head of the agency to which cies, goals, performance, budget, and user the function transfers at such time or times fees that bear on its area of concern and ad- Patents and Trademarks with the Under Sec- retary of Commerce for Intellectual Prop- as the Director of the Office of Management vises the Director on these matters. Within and Budget (OMB) directs. 60 days of the end of a fiscal year, the Com- erty and Director of the United States Pat- Sec. 4745. Delegation and assignment mittees prepare annual reports, transmit the ent and Trademark Office to receive pay at reports to the Secretary of Commerce, the Level III of the Executive Schedule.22 Sec- Section 4745 allows an official to whom a President, and the Committees on the Judi- tion 4720 also establishes the pay of the Dep- function is transferred under subtitle G to ciary of the Congress, and publish the reports in the Official Gazette of the USPTO. 22 5 U.S.C. § 5314. 23 5 U.S.C. § 5315.

VerDate 29-OCT-99 05:45 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.092 pfrm02 PsN: H09PT1 H11808 CONGRESSIONAL RECORD — HOUSE November 9, 1999 delegate that function to another officer or yet afford similar privileges on the basis of licly available through its own Internet sys- employee. The official to whom the function applications filed in the United States. This tem. was originally transferred nonetheless re- amendment was made in conformity with Sec. 4805. Study and report on biologic deposits mains responsible for the administration of the requirements of Articles 1 and 2 of the in support of biotechnology patents the function. TRIPS Agreement.25 These Articles require Section 4805 charges the Comptroller Gen- that WTO member countries apply the sub- Sec. 4746. Authority of Director of the Office of eral, in consultation with the Director of the stantive provisions of the Paris Convention Management and Budget with respect to USPTO, with conducting a study and sub- for the Protection of Industrial Property to functions transferred mitting a report to Congress no later than other WTO member countries. As some WTO Pursuant to section 4746, if necessary the six months after the date of enactment on member countries are not yet members of Director of OMB shall make any determina- the potential risks to the U.S. biotechno- the Paris Convention, and as developing tion of the functions transferred pursuant to logical industry regarding biological depos- countries are generally permitted periods of subtitle G. its in support of biotechnology patents. The up to 5 years before complying with all pro- study shall include: an examination of the Sec. 4747. Certain vesting of functions consid- visions of the TRIPS Agreement, they are risk of export and of transfers to third par- ered transfers not required to extend the right of priority ties of biological deposits, and the risks Section 4747 states that the vesting of a to other WTO member countries until such posed by the 18-month publication require- function in a department or office pursuant time. ment of subtitle E; an analysis of compara- to reestablishment of an office shall be con- Section 4802 also adds subsection (f) to sec- tive legal and regulatory regimes; and any sidered to be the transfer of that function. tion 119 of the Patent Act to provide for the related recommendations. The USPTO is right of priority in the United States on the Sec. 4748. Availability of existing funds then charged with considering these rec- basis of an application for a plant breeder’s Under section 4748, existing appropriations ommendations when drafting regulations af- right first filed in a WTO member country or and funds available for the performance of fecting biological deposits. in a UPOV 26 Contracting Party. Many for- functions and other activities terminated Sec. 4806. Prior invention pursuant to subtitle G shall remain available eign countries provide only a sui generis sys- Section 4806 amends section 102(g) of the (for the duration of their period of avail- tem of protection for plant varieties. Be- Patent Act to make clear that an inventor ability) for necessary expenses in connection cause section 119 presently addresses only who is involved in a USPTO interference pro- with the termination and resolution of such patents and inventors’ certificates, appli- ceeding and establishes a date of invention functions and activities, subject to the sub- cants from those countries are technically under section 104 is subject to the require- mission of a plan to House and Senate appro- unable to base a priority claim on a foreign ments of section 102(g), including the re- priators in accordance with Public Law 105– application for a plant breeder’s right when quirement that the invention was not aban- 277 (Departments of Commerce, Justice, and seeking plant patent or utility patent pro- doned, suppressed, or concealed. State, the Judiciary and Related Agencies tection for a plant variety in this country. Subsection (g) is added to section 119 to de- Appropriations Act, Fiscal Year 1999). Sec. 4807. Prior art exclusion for certain com- fine the terms ‘‘WTO member country’’ and monly assigned patents Sec. 4749. Definitions ‘‘UPOV Contracting Party.’’ Section 4807 amends section 103 of the Pat- ‘‘Function’’ includes any duty, obligation, Sec. 4803. Certain limitations on remedies for ent Act, which sets forth patentability con- power, authority, responsibility, right, privi- patent infringement not applicable ditions related to the nonobviousness of sub- lege, activity, or program. Section 4803 amends section 287(c)(4) of the ‘‘Office’’ includes any office, administra- ject matter. Section 103(c) of the current Patent Act, which pertains to certain limitation, agency, bureau, institute, council, unit, statute states that subject matter developed tions on remedies for patent infringement, to organizational entity, or component thereof. by another person which qualifies as prior make it applicable only to applications filed art only under section 102(f) or (g) shall not SUBTITLE H—MISCELLANEOUS PATENT on or after September 30, 1996. preclude granting a patent on an invention PROVISIONS Sec. 4804. Electronic filing and publications with only obvious differences where the sub- Subtitle H consists of seven largely-unre- Section 4804 amends section 22 of the Pat- ject matter and claimed invention were, at lated provisions that make needed clarifying ent Act to clarify that the USPTO may re- the time the invention was made, owned by and technical changes to the Patent Act. ceive, disseminate, and maintain informa- the same person or subject to an obligation Subtitle H also authorizes a study. The pro- tion in electronic form. Subsection (d)(2), of assignment to the same person. The bill visions in Subtitle H take effect on the date however, prohibits the Director from ceasing amends section 103(c) by adding a reference of enactment except where stated otherwise to maintain paper or microform collections to section 102(e), which currently bars the in certain sections. of U.S. patents, foreign patent documents, granting of a patent if the invention was de- Sec. 4801. Provisional applications and U.S. trademark registrations, except scribed in another patent granted on an ap- Section 4801 amends section 111(b)(5) of the pursuant to notice and opportunity for pub- plication filed before the applicant’s date of Patent Act by permitting a provisional ap- lic comment and except the Director shall invention. The effect of the amendment is to plication to be converted into a non-provi- first submit a report to Congress detailing allow an applicant to receive a patent when sional application. The applicant must make any such plan, including a description of the an invention with only obvious differences a request within 12 months after the filing mechanisms in place to ensure the integrity from the applicant’s invention was described date of the provisional application for it to of such collections and the data contained in a patent granted on an application filed be converted into a non-provisional applica- therein, as well as to ensure prompt public before the applicant’s invention, provided tion. access to the most current available infor- the inventions are commonly owned or sub- Section 4801 also amends section 119(e) of mation, and certifying that the implementa- ject to an obligation of assignment to the the Patent Act by clarifying the treatment tion of such plan will not negatively impact same person. of a provisional application when its last day the public. Sec. 4808. Exchange of copies of patents with of pendency falls on a weekend or a Federal In addition, in the operation of its infor- foreign countries holiday, and by eliminating the requirement mation dissemination programs and as the Sec. 4808 amends section 12 of the Patent that a provisional application must be co- sole source of patent data, the USPTO Act to prohibit the Director of the USPTO pending with a non-provisional application if should implement procedures that assure from entering into an agreement to exchange the provisional application is to be relied on that bulk patent data are provided in such a patent data with a foreign country that is in any USPTO proceeding. manner that subscribers have the data in a not one of our NAFTA 27 or WTO trading Sec. 4802. International applications manner that grants a sufficient amount of partners, unless the Secretary of Commerce time for such subscribers to make the data Section 4802 amends section 119(a) of the explicitly authorizes such an exchange. available through their own systems at the Patent Act to permit persons who filed an TITLE V—MISCELLANEOUS PROVISIONS same time the USPTO makes the data pub- application for patent first in a WTO 24 mem- Section 5001. Commission on Online Child Pro- ber country to claim the right of priority in tection 25 a subsequent patent application filed in the Trade-Related Aspects of Intellectual Property Section 5001(a) provides that references United States, even if such country does not Rights Agreement; i.e., that component of GATT which addresses intellectual property rights among contained in the amendments made by this the signatory members. title are to section 1405 of the Child Online 24 World Trade Organization. The agreement estab- 26 International Convention for the Protection of Protection Act (47 U.S.C. 231 note). lishing the WTO is a multilateral instrument which New Varieties of Plants. UPOV is administered by Section 5001(b) amends the membership of creates a permanent organization to oversee the im- the World Intellectual Property Organization the Commission on Online Child Protection plementation of the Uruguay Round Agreements, in- (WIPO), which is charged with the administration to remove a requirement that a specific cluding the GATT 1994, to provide a forum for multi- of, and activities concerning revisions to, the inter- lateral trade negotiations and to administer dispute national intellectual property treaties. UPOV has 40 settlements (see note 3, supra). Staff of the House members, and guarantees plant breeders national 27 North American Free Trade Agreement, Pub. L. Comm. on Ways and Means, 104th Cong., 1st Sess., treatment and right of priority in other countries No. 103–182. The cornerstone of NAFTA is the Overview and Compilation of U.S. Trade Statutes that are members of the treaty, along with certain phased-out elimination of all tariffs on trade be- 1040 (Comm. Print 1995) [hereinafter, Overview and other benefits. See M.A. Leaffer International Trea- tween the U.S., Canada, and Mexico. Overview and Compilation of U.S. Trade Statutes]. ties on Intellectual Property at 47 (BNA, 2d ed. 1997). Compilation of U.S. Trade Statutes 1999.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.094 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11809 number of representatives come from des- Section 5006. Informal rulemaking of copyright programming. Owners of LPTV stations are ignated sectors of private industry, as out- determination diverse, including high school and college lined in the Act. Section 5001(b) also provides The Copyright Office has requested that student populations, churches and religious that the members appointed to the Commis- Congress make a technical correction to sec- groups, local governments, large and small sion as of October 31, 1999, shall remain as tion 1201(a)(1)(C) of title 17 by deleting the businesses, and even individual citizens. members. Section 5001(b) also prevents the phrase ‘‘on the record.’’ The Copyright Office From an engineering standpoint, the term members of the Commission from being paid believes that this correction is necessary to ‘‘low-power television service’’ means pre- for their work on the Commission. This pro- avoid any misunderstanding regarding the cisely what it implies, i.e., broadcast television, however, does not preclude members intent of Congress that the rulemaking provision service that operates at a lower level from being reimbursed for legitimate costs ceeding which is to be conducted by the of power than full-service stations. Specifi- associated with participating in the Commis- Copyright Office under this provision shall cally, LPTV stations radiate 3 kilowatts of sion (such as travel expenses). be an informal, rather than a formal, rule- power for stations operating on the VHF Section 5001(c) extends the due date for the making proceeding. Accordingly, the phrase band (i.e., channels 2 through 13), and 150 report of the Commission by one year. ‘‘on the record’’ is deleted as a technical cor- kilowatts of power for stations operating on Section 5001(d) establishes that the Com- rection to clarify the intent of Congress that the UHF band (i.e., channels 14 through 69). mission’s statutory authority will expire ei- the Copyright Office shall conduct the rule- By comparison, full-service stations on VHF ther (1) 30 days after the submission of the making under section 1201(a)(1)(C) as an in- channels radiate up to 316 kilowatts of report required by the Act, or (2) November formal rulemaking proceeding pursuant to power, and stations on UHF channels radiate 30, 2000, whichever is earlier. section 553 of Title 5. The intent is to permit up to 5,000 kilowatts of power. The reduced Section 5001(e) requires the Commission to power levels that govern LPTV stations commence its first meeting no later than interested persons an opportunity to participate through the submission of written mean these stations serve a much smaller March 31, 2000. Section 5001(e) also requires geographic region than do full-service sta- that the Commission elect, by a majority statements, oral presentations at one or more of the public hearings, and the submis- tions. LPTV signals typically extend to a vote, a chairperson of the Commission not range of approximately 12 to 15 miles, where- later than 30 days after holding its first sion of written responses to the submissions or presentations of others. as the originating signal of full-service sta- meeting. tions often reach households 60 or 80 miles Section 5007. Service of process for surety cor- Section 5001(f) establishes minimum rules away. for the operations of the Commission, and porations Compared to its rules for full-service tele- also allows the Commission to adopt other This section allows surety corporations, vision station licensees, the FCC’s rules for rules as it deems necessary. like other corporations, to utilize approved obtaining and operating an LPTV license are Section 5002. Privacy protection for donors to state officials to receive service of process in minimal. But in return for ease of licensing, public broadcasting entities any legal proceeding as an alternative to LPTV stations must operate not only at re- This provision, which was added in Con- having a separate agent for service of process duced power levels but also as ‘‘secondary’’ ference, protects the privacy of donors to in each of the 94 federal judicial districts. licensees. This means LPTV stations are public broadcasting entities. Section 5008. Low-power television strictly prohibited from interfering with, Section 5003. Completion of biennial regulatory Section 5009, which can be cited as the and must accept signal interference from, review Community Broadcasters Protection Act of ‘‘primary’’ licensees, such as full-service tel- Section 5003 provides that, within 180 days 1999, will ensure that many communities evision stations. Moreover, LPTV stations after the date of enactment, the FCC will across the nation will continue to have ac- must yield at any point in time to full-serv- complete the biennial review required by cess to free, over-the-air low-power tele- ice stations that increase their power levels, section 202(h) of the Telecommunications vision (LPTV) stations, even as full-service as well as to new full-service stations. Act of 1996. The Conferees expect that if the television stations proceed with their con- The video programming marketplace is in- Commission concludes that it should retain version to digital format. In particular, Sec- tensely competitive. The three largest any of the rules under the review unchanged, tion 5009 requires the Federal Communica- broadcast networks that once dominated the the Commission shall issue a report that in- tions Commission (FCC) to provide certain market now face competition from several cludes a full justification of the basis for so qualifying LPTV stations with ‘‘primary’’ emerging broadcast and cable networks, finding. regulatory status, which in turn will enable cable systems, satellite television operators, Section 5004. Broadcasting entities these LPTV stations to attract the financing wireless cable, and even the Internet. Low- power television plays a valuable, albeit This provision, added in Conference, allows that is necessary to provide consumers with modest, role in this market because it is ca- for a remittance of copyright damages for critical information and programming. At pable of providing locally-originated pro- public broadcasting entities where they are the same time, recognizing the importance gramming to rural and urban communities not aware and have no reason to believe that of, and the engineering complexity in, the that have either no access to local program- their activities constituted violations of FCC’s plan to convert full-service television ming, or an over-abundance of national pro- copyright law. This is currently the standard stations to digital format, Section 5009 protects the ability of these stations to provide gramming. for nonprofit libraries, archives and edu- Low-power television’s future, however, is cational institutions. both digital and analog service throughout their existing service areas. uncertain. To begin with, LPTV’s secondary Section 5005. Technical amendments relating to The FCC began awarding licenses for low- regulatory status means a licensee can be vessel hull design protection power television service in 1982. Low-power summarily displaced by a full-service station This section makes several amendments to television service is a relatively inexpensive that seeks to expand its own service area, or chapter 13 of title 17 relating to design pro- and flexible means of delivering program- by a new full-service station seeking to enter tection for vessel hulls. The sunset provision ming tailored to the interests of viewers in the same market. This cloud of regulatory for chapter 13, enacted as part of the Digital small localized areas. It also ensures that uncertainty necessarily affects the ability of Millennium Copyright Act, is removed so spectrum allocated for broadcast television LPTV stations to raise capital over the long- that chapter 13 is now a permanent chapter service is more efficiently used and promotes term, irrespective of an LPTV station’s pop- of title 17. The timing and number of joint opportunities for entering the television ularity among consumers. studies to be done by the Copyright Office broadcast business. The FCC’s plan to convert full-service sta- and the Patent and Trademark Offices of the The FCC estimates that there are more tions to digital substantially complicates effectiveness of chapter 13 are also amended than 2,000 licensed and operational LPTV LPTV stations’ already uncertain future. In by reducing the number of studies from two stations, about 1,500 of which are operated in its digital television (DTV) proceeding, the to one, and requiring that the one study not the continental United States by 700 dif- FCC adopted a table of allotments for DTV be submitted until November 1, 2003. Current ferent licensees in nearly 750 towns and cit- service that provided a second channel for law requires delivery of two studies within ies.28 LPTV stations serve rural and urban each existing full-service station to use for the first two years of chapter 13, which is un- communities alike, although about two- DTV service in making the transition from necessary and an insufficient amount of time thirds of all LPTV stations serve rural com- the existing analog technology to the new for the Copyright Office and the Patent and munities. LPTV stations in urban markets DTV technology. These second channels were Trademark Office to accurately measure and typically provide niche programming (e.g., provided to broadcasters on a temporary assess the effectiveness of design protection bilingual or non-English programming) to basis. At the end of the DTV transition, within the marine industry. under-served communities in large cities. In which is currently scheduled for December The definition of a ‘‘vessel’’ in chapter 13 is many rural markets, LPTV stations are con- 31, 2006, they must relinquish one of their amended to provide that in addition to being sumers’ only source of local, over-the-air two channels. able to navigate on or through water, a ves- In assigning DTV channels, the FCC main- sel must be self-propelled and able to steer, tained the secondary status of LPTV sta- 28 and must be designed to carry at least one LPTV stations are distinct from so called tions (as well as translators). In order to pro- ‘‘translators.’’ Whereas LPTV stations typically passenger. This clarifies Congress’s intent offer orginal programming, translators merely am- vide all full-service television stations with not to allow design protection for such craft plify or ‘‘boost’’ a full-service television station’s a second channel, the FCC was compelled to as barges, toy and remote controlled boas, signal into rural and mountainous regions adjacent establish DTV allotments that will displace inner tubes and surf boards. to the station’s market. a number of LPTV stations, particularly in

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.096 pfrm02 PsN: H09PT1 H11810 CONGRESSIONAL RECORD — HOUSE November 9, 1999 the larger urban market areas where the same license terms and renewal standards as terference to any other broadcast facility ap- available spectrum is most congested. any full-service licensee, and that each Class plied for, protected, permitted or authorized The FCC’s plan also provides for the recov- A licensee is accorded primary regulatory on the date of the filing of the application ery of a portion of the existing broadcast tel- status. Subparagraph (B) further requires for advanced television services. Either the evision spectrum so that it can be reallo- the FCC, within 30 days of enactment, to new license for advanced services or the cated to new uses. Specifically, the FCC pro- send to each existing LPTV licensee a notice original license must be forfeited at the end vided for immediate recovery of broadcast that describes the requirements for Class A of the DTV transition. The licensee may channels 60 through 69, and for recovery of designation. Within 60 days of enactment (or elect to convert to advanced television serv- broadcast channels 52 through 59 at the end within 30 days of the FCC’s notice), LPTV ices on its analog channel, but is not re- of the DTV transition. As further required by stations intending to seek Class A designa- quired to convert to digital format until the Congress under the Balanced Budget Act of tion must submit a certification of eligi- end of the DTV transition. 1997, 29 the FCC has completed the realloca- bility to the FCC. Absent a material defi- Paragraph (5) clarifies that nothing in new tion of broadcast channels 60 through 69. Ex- ciency in an LPTV station’s certification subsection 336(f) preempts, or otherwise af- isting analog stations, including LPTV sta- materials, the FCC is required under sub- fects, section 337 of the Communications Act tions and a few DTV stations, are permitted paragraph (B) to grant a certification of eli- of 1934.31 to operate on these channels during the DTV gibility. Paragraph (6) precludes the FCC from transition. But at the end of the transition, Subparagraph (C) permits an LPTV sta- granting Class A licenses to LPTV stations all analog broadcast TV stations will have to tion, within 30 days of the issuance of the operating between 698 megahertz (MHz) and cease operation, and the DTV stations on rules required under subparagraph (A), to 806 MHz (i.e., television broadcast channels broadcast channels 52 through 69 will be relo- submit an application for Class A designa- 52 through 69). However, the FCC shall pro- cated to new channels in the DTV core spection. The FCC must award a Class A license vide to LPTV stations assigned to, and tem- trum. As a result, the FCC estimates that to a qualifying LPTV station within 30 days porarily operating on, those channels the op- the DTV transition will require about 35 to of receiving such application. Subparagraph portunity to qualify for a Class A license. If 45 percent of all LPTV stations to either (D) mandates that the FCC must act to pre- a qualifying LPTV station is ultimately as- change their operation or cease operation. serve the signal contours of an LPTV station signed a channel within the band of fre- Indeed, some full-service stations have al- pending the final resolution of its applica- quencies that will eventually comprise the ready ‘‘bumped’’ several LPTV stations a tion for a Class A license. In the event tech- ‘‘core spectrum’’ (i.e., television broadcast number of times, at substantial cost to the nical problems arise that require an engi- channels 2 through 51), then the FCC is re- LPTV station, with no guarantee that the neering solution to a full-service station’s quired to issue a Class A license simulta- LPTV station will be permitted to remain on allotted parameters or channel assignment neously. However, the FCC may not grant a its new channel in the long term. in the DTV table of allotments, subpara- Class A license to an LPTV station operating The conferees, therefore, seek to provide graph (D) requires the FCC to make the nec- on a channel within the core spectrum that some regulatory certainty for low-power tel- essary modifications to ensure that such the FCC will identify within 180 days of en- evision service. The conferees recognize that, full-service station can replicate or maxi- actment. because of emerging DTV service, not all mize its service area, as provided for in the Finally, paragraph (7) provides that the LPTV stations can be guaranteed a certain FCC’s rules. FCC may not grant a Class A license (or a future. Moreover, it is not clear that all With regard to maximization, a full-service modification thereto) unless the requesting LPTV stations should be given such a guar- digital television station must file an appli- LPTV station demonstrates that it will not antee in light of the fact that many existing cation for maximization or a notice of intent interfere with one of three types of radio- LPTV stations provide little or no original to seek such maximization by December 31, based services. First, under subparagraph programming service. 1999, file a bona fide application for maxi- (A), the LPTV station must show that it will Instead, the conferees seek to buttress the mization by May 1, 2000, and also comply not interfere with: (i) the predicted Grade B commercial viability of those LPTV stations with all applicable FCC rules regarding the contour of any station transmitting in ana- which can demonstrate that they provide construction of digital television facilities. log format; or (ii) the digital television serv- valuable programming to their communities. The term ‘‘maximization’’ is defined in para- ice areas provided in the DTV table of allot- The House Committee on Commerce’s record graph 31 of the FCC’s Sixth Report and Order ments; or the digital television areas explic- in considering this legislation reflects that as the process by which stations increase itly protected (as opposed to those areas that there are a significant number of LPTV sta- their service areas by operating with addi- may be permitted) in the Commission’s dig- tions which broadcast programming—includ- tional power or higher antennae than speci- ital television regulations; or the digital tel- ing locally originated programming—for a fied in the FCC’s digital television table of evision service areas of stations subse- substantial portion of each day. From the allotments. Subparagraph (E) requires that a quently granted by the FCC prior to the fil- consumers’ perspective, these stations pro- station must reduce the protected contour of ing of a Class A application; or lastly, sta- vide video programming that is functionally its digital television service area in accord- tions seeking to maximize power under the equivalent to the programming they view on ance with any modifications requested in fu- FCC’s rules (provided such stations are in full-service stations, as well as national and ture change applications. This provision is compliance with the notification require- local cable networks. Consequently, these intended to ensure that stations indeed uti- ments under paragraph (1)). stations should be afforded roughly similar lize the full amount of maximized spectrum Second, under subparagraph (B), the LPTV regulatory status. Section 5009, the Commu- for which they originally apply by the afore- station must show that it will not interfere nity Broadcasters Protection Act of 1999, mentioned deadlines. with any licensed, authorized or pending will achieve that objective, and at the same Paragraph (2) lists the criteria an LPTV LPTV station or translator. And third, under time, protect the transition to digital. station must meet to qualify for a Class A li- subparagraph (C), the LPTV station must Section 5009(a) provides that the short title cense. Specifically, the LPTV station must: show that it will not interfere with other of this section is the ‘‘Community Broad- during the 90 days preceding the date of en- services (e.g., land mobile services) that also casters Protection Act of 1999.’’ actment, broadcast a minimum of 18 hours operate on television broadcast channels 14 Section 5009(b) describes the Congress’ per day—including at least 3 hours per week findings on the importance of low-power tel- through 20. of locally-originated programming—and also Finally, paragraph (8) establishes priority evision service. The Congress finds that be in compliance with the FCC’s rules on for those LPTVs that are displaced by an ap- LPTV stations have operated in a manner low-power television service; and from and plication filed under this section, in that beneficial to the public, and in many in- after the date of its application for a Class A these LPTVs have priority over other LPTVs stances, provide worthwhile and diverse serv- license, be in compliance with the FCC’s in the assignment of available channels. ices to communities that lack access to rules for full-service television stations. In From the Committee on Commerce, for con- over-the-air programming. The Congress also the alternative, the FCC may qualify an sideration of the House bill and the Senate finds, however, that LPTV stations’ sec- LPTV station as a Class A licensee if it de- amendment, and modifications committee to ondary regulatory status effectively blocks termines that such qualification would serve conference: access to capital. the public interest, convenience, and neces- TOM BLILEY, Section 5009(c) amends section 336 of the sity or for other reasons determined by the 30 BILLY TAUZIN, Communications Act of 1934 to require the FCC. FCC to create a new ‘‘Class A’’ license for Paragraph (3) provides that no LPTV sta- MICHAEL G. OXLEY, certain qualifying LPTV stations. New para- tion authorized as of the date of enactment JOHN D. DINGELL, graph (1)(A) in particular directs the FCC to may be disqualified for a Class A license EDWARD J. MARKEY, prescribe rules within 120 days of enactment based on common ownership with any other Provided that Mr. BOUCHER is appointed in for the establishment of a new Class A tele- medium of mass communication. lieu of Mr. MARKEY for consideration of secs. vision license that will be available to quali- Paragraph (4) makes clear that the FCC is 712(b)(1), 712(b)(2), and 712(c)(1) of the Com- fying LPTV stations. The FCC’s rules must not required to issue Class A LPTV stations munications Act of 1934 as added by sec. 104 ensure that a Class A licensee receives the (or translators) an additional license for ad- of the House bill. vanced television services. The FCC, how- RICK BOUCHER, 29 See 47 U.S.C. § 337. ever, must accept applications for such serv- 30 47 U.S.C. § 336. ices, provided the station will not cause in- 31 47 U.S.C. § 337.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.098 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11811 From the Committee on the Judiciary, for Mr. Speaker, this conference report back to Congress with this new picture consideration of the House bill and the Sen- represents the combined hard work of quality standard. ate amendment, and modifications com- both the House and the Senate, which It requires broadcasters to respond mittee to conference: is, of course, long overdue. I am pleased within 30 days to requests for waivers HENRY HYDE, to receive distant signals, if they can- HOWARD COBLE, to report that through this hard work not get a good local signal. BOB GOODLATTE, we are able to present the House an JOHN CONYERS, agreement on changes to telecommuni- It makes it easier for consumers to HOWARD L. BERMAN, cations and copyright law in order to either get the waiver or to take an eli- Managers on the Part of the House. provide the American consumer with a gibility test for the distant signal. And, by the way, it ensures that the From the Committee on the Judiciary: stronger, more viable competitor to consumer will not be required to pay ORRIN HATCH, their incumbent cable operator. STROM THURMOND, This legislation will enact com- for this testing. MIKE DEWINE, prehensive reforms to the offering of It directs the FCC to assist con- PATRICK LEAHY, satellite television service. I expect sumers in reviewing those eligibility HERB KOHL, that the reforms contained in this bill disputes. From the Committee on Commerce, Science, will have a dramatic and beneficial ef- It makes a national PBS satellite and Transportation: fect on the multichannel video pro- feed available nationwide to all sat- TED STEVENS, ellite consumers and at a reduced copy- FRITZ HOLLINGS, gramming marketplace for years to come. right rate. Managers on the Part of the Senate. It eliminates the 90-day waiting pe- f Consumers today expect more from their video program providers, whether riod for current cable subscribers who SUNDRY MESSAGES FROM THE it is a cable company, a satellite com- want to switch over to satellites. It sets the copyright rate for local PRESIDENT pany, their broadcaster or other dis- signals at zero, ensuring such signals Sundry messages in writing from the tributors, including the Internet. Con- will be available at consumer friendly President of the United States were sumers are savvy and they now expect rates. communicated to the House by Mr. and indeed demand their video program It extends existing satellite copy- Sherman Williams, one of his secre- distributor to offer a wide variety of right license for another 5 years, mak- taries. programming at reasonable cost with ing sure they can get local signals. f exceptional picture quality. It cuts the copyright rates for dis- Today, there are some limitations on tant network signals by as much as 45 CONFERENCE REPORT ON H.R. 1554, the ability of satellite carriers to meet INTELLECTUAL PROPERTY AND percent, making service to American consumer demands. These limitations consumers cheaper and more afford- COMMUNICATIONS OMNIBUS RE- put satellite carriers at a competitive FORM ACT OF 1999 able. disadvantage to incumbent cable pro- It even allows owners of recreation Mr. ARMEY. Mr. Speaker, I move to viders. The main limitation on sat- vehicles and long-haul trucks to be eli- suspend the rules and agree to the con- ellite providers is the inherent dif- gible to receive distant network signals ference report on the bill (H.R. 1554) to ficulty in providing local broadcast in their vehicles through their satellite amend the provisions of title 17, United programming via satellite. Even service. States Code, and the Communications though broadcasters are experiencing a For those who have been concerned Act of 1934, relating to copyright li- dramatic reduction in their overall or angered by the Corporation for Pub- censing and carriage of broadcast sig- viewing audience compared to a few lic Broadcasting sharing their donor nals by satellite. years ago, the overwhelming number of list, worry no more. The bill prohibits The Clerk read the title of the bill. consumers still want local broadcast (For conference report and state- the receipt of Federal funds to any CPB programming. Consumer surveys con- broadcast entity who shares their ment, see prior proceedings of the clude that the lack of local broadcast House of today.) donor list, plain and simple, with any programming is the number one reason political entity. Mr. ARMEY. Mr. Speaker, I ask some consumers are unwilling to sub- unanimous consent that the gentleman It also allows the contributor an scribe to satellite service. added bonus. It allows an opt-out to from North Carolina (Mr. COBLE) and This conference report we are placing the gentleman from Louisiana (Mr. make sure a name is not shared with before the House today is designed to anyone, whether affiliated or not affili- TAUZIN) each control 10 minutes of de- put satellite on a competitive, equal bate on this motion. I further ask ated. footing with cable. The bill provides For those in rural America, this bill unanimous consent that the gentleman for a compulsory license to retransmit provides incentives. from Michigan (Mr. CONYERS) and the local broadcast programming, and en- This is a good conference report. It gentleman from Massachusetts (Mr. sures carriage for local broadcast sta- combines the telecommunications pro- MARKEY) each control 10 minutes on tions through retransmission consent/ visions of H.R. 851, the Save Our Sat- this motion. must-carry elections. The bill also pro- ellites Act of 1999, as reported, and the The SPEAKER pro tempore. Is there vides consumers with the enjoyment of copyright provisions of H.R. 1027, the objection to the request of the gen- the benefit of distant signals. Satellite Television Improvement Act, tleman from Texas? This bill is not what all the industry There was no objection. as reported. The history of the bill can, desires. I want to make that clear. therefore, be found in the applicable GENERAL LEAVE Parts of our industry do not like the portions of the two reports filed by our Mr. ARMEY. Mr. Speaker, I ask bill. But the bottom line is it is good two committees on these two bills. unanimous consent that all Members for consumers, and that is what really I think it strikes the right balance, may have 5 legislative days within matters. For C-band users in my dis- and I urge my colleagues’ support. which to revise and extend their re- trict and across America who have Mr. Speaker, let me thank the hard marks and include extraneous material been calling, this bill grandfathers work of a large group of Members who on the conference report on H.R. 1554. them. They are now legally eligible had a role in bringing this conference The SPEAKER pro tempore. Is there under this bill to receive signals they report together: The gentleman from objection to the request of the gen- wrote and called about. Virginia (Mr. BLILEY), the chairman of tleman from Texas? Let me tell my colleagues some of the Committee on Commerce, and the There was no objection. The SPEAKER pro tempore. The the other good consumer things it does. gentleman from Michigan (Mr. DIN- Chair recognizes the gentleman from It directs the FCC to develop a new GELL), the ranking member; the gen- program signal standard; that is, de- tleman from Massachusetts (Mr. MAR- Louisiana (Mr. TAUZIN). fines a better picture quality instead of KEY), the subcommittee ranking mem- b 1815 the 1950 quality we were used to look- ber; the gentleman from Virginia (Mr. Mr. TAUZIN. Mr. Speaker, I yield ing at and that currently exists. It BOUCHER) from the Committee on Com- myself such time as I may consume. gives it a year to do so and to come merce; the gentleman from Illinois

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(Mr. HYDE), the chairman of the Com- ment which rural Americans have had channel television industry and what mittee on the Judiciary; the gentleman access to for a generation. I know I am that means in terms of prices and serv- from North Carolina (Mr. COBLE), the planning on considering that purchase ices to our constituents. The bill gives subcommittee chairman; the gen- this Christmas. the satellite industry a new copyright tleman from Michigan (Mr. CONYERS), I am, however, very disappointed license with the ability to compete on the ranking member; and the gen- that the conference committee did not a more even playing field, thereby giv- tleman from California (Mr. BERMAN), accept the stronger House version of ing consumers a chance. the subcommittee ranking member; this provision that would have been I have received numerous letters and and the gentleman from Virginia (Mr. more competitive, more pro-consumer, calls from my constituents, as I am GOODLATTE) from the Committee on and would have ensured that we have sure many of my colleagues have from the Judiciary. telescoped the time frame fully to the theirs, distressed over their satellite This is a bipartisan, bicommittee appoint where every single urban Amer- service. Many customers claim they proach to a very important legislative ican would have been able to consider leave the store complaining they can- bill. If there is one bill that has to get immediately this new satellite service. not obtain their local stations through done before we go home from this ses- In general, the House bill was a bet- satellite service. Others feel betrayed sion, this is the must-pass bill. I am ter bill than what the Senate produced when they have their distant network pleased we were able to work together or what we wound up with here at the service cut off, having been sold an il- to bring this compromise to the House. end of the process. Late changes in the legal package from the outset. Still Mr. Speaker, I reserve the balance of conference are a step in the right direc- others have been outraged at the cost my time. tion, and it made the bill more accept- they pay for the distant network sig- Mr. MARKEY. Mr. Speaker, I yield able. And I believe that it is worthy of nals. The time has come to address myself such time as I may consume. support, even though I believe Congress these concerns and pass legislation Mr. Speaker, in urban America, for a is giving up an excellent opportunity which makes the satellite industry generation, we have not been able to to promote greater choice and price more competitive with cable tele- take advantage of the satellite revolu- competition, price competition to vision. With competition comes better tion. Yes, laws have been passed to cable. services at lower prices, which makes make it possible for those that live in I am hopeful that we can return in our constituents the real winners. rural America, whether they have the next Congress and revisit these With this competition in mind, the these 8-foot dishes in their back yard cable competition issues. Consumers legislation before us makes the fol- that would have required zoning deserve greater choice and they deserve lowing changes for the Satellite Home variances in Boston, to be able to cap- greater efforts on the part of policy- Viewers Act. ture programming that benefits their makers to make such choice ubiquitous It reauthorizes the satellite copy- consumers. and affordable. right compulsory license for 5 years. In 1992, the gentleman from Lou- The gentleman from Louisiana (Mr. It allows new satellite customers who isiana (Mr. TAUZIN) and I, out here on TAUZIN) has gone through the litany of have received a network signal from a the floor, argued for better program- legislative saints who played a role in cable system within the past 3 months ming access so that satellite dishes bringing the bill this far, and I want to to sign up immediately for satellite would have better access to more pro- compliment in turn each of those that service for those signals. This, as my gramming. And that passed and actu- the gentleman from Louisiana has colleagues know, is not allowed today. ally gave birth to the 18-inch dish, this mentioned. This is, although not per- It provides a discount for the copy- pizza-sized satellite dish, which would fect, a step forward in bringing this right fees paid by the satellite carriers. make it possible in urban America to technological revolution to urban It allows satellite carriers to re- put a satellite dish on one’s home or in Americans, and I hope that it can find transmit a local television station to the back yard without having the support here on the floor this evening. households within that station’s local neighbors protest in those densely pop- Mr. Speaker, I reserve the balance of market, just as cable does. It protects existing subscribers from ulated communities. my time. However, the problem existed for all Mr. COBLE. Mr. Speaker, I yield my- having their distant network services urban consumers because they could self such time as I may consume. shut off at the end of the year, and pro- not get their local TV stations on their Mr. Speaker, I am pleased to rise in tects all C-band customers from having satellite dish. So those who came from strong support of H.R. 1554, the Intel- their network service cut off entirely. It allows satellite carriers to re- Boston could not get channel 4, chan- lectual Property and Communications broadcast a national signal of the Pub- nel 5, channel 7, channel 56, channel 38, Omnibus Reform Act of 1999. Countless lic Broadcasting Service. hours have been dedicated to fash- channel 25, where the Bruins and the It provides an incentive for the devel- ioning the satellite provisions of this Celtics and the Red Sox reside. So, as a opment of a system to bring local sig- legislation, balancing the interest of result, consumers in Boston and other nals to smaller, mostly rural areas and our constituents, intellectual property urban areas were forced to continue to markets. use cable as the other mechanism by owners, satellite carriers, and the local It empowers the FCC to conduct a which they could have programming broadcasters. I would be remiss if I did rulemaking to determine the appro- other than broadcast plus broadcast not take a moment to congratulate priate standards for satellite carriers come into their home. Members of both the House and the concerning which customers should be This bill changes that. This bill, for Senate for their hard work and dedica- allowed to receive distant network Sig- the first time, makes it possible for tion in bringing this legislation to fru- nals. consumers in urban areas to really ition. Time does not permit me to call think seriously about getting a sat- each Member by name, so I will just re- b 1830 ellite dish, because for the first time iterate what my friend from Louisiana The legislation before us today is a they can get their local TV stations. said and thank all of them who had a balanced approach, Mr. Speaker. It is They do not have to get up and start hand in contributing to the formula- not perfect, like most pieces of legisla- fooling with the rabbit ears on their tion of this package. tion, but it is a carefully balanced com- TV set if they want to switch over from We have spent the past 3 years work- promise. It removes many of the obsta- satellite to their local TV stations. ing on this legislation, and I can say cles standing in the way of true com- They will not have to buy the local without hesitation, Mr. Speaker, that petition yet does not reward those in basic cable package if they want to get this is, indeed, a very good bill. The the satellite industry for their obvious their local TV stations in concert with legislation will have a tremendously illegal activities concerning a distant their satellite dish. beneficial effect on the citizens of this network signal. The real winners, Mr. So this local-into-local service is country, whether they are subscribers Speaker, are our constituents, the con- going to begin the revolution which to satellite television or not. sumers. will make it possible for urban Ameri- We have all been concerned about a I urge all Members to support this cans to enjoy the same video enjoy- lack of competition in the multi- constituent-friendly legislation.

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.180 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11813 Mr. Speaker, I reserve the balance of Mr. Speaker, a provision in this legis- able to receive local-into-local service my time. lation provides that Internet service which is authorized by this legislation. Mr. CONYERS. Mr. Speaker, I yield providers may not avail themselves of The cities that will be served will only myself 21⁄2 minutes. the compulsory license for terrestial be those with millions-of-television Mr. Speaker, paying due deference to systems under Section 111 of the Copy- households. all of the saints responsible for the bill right Act and satellite systems under Even under the most optimistic listed by the gentleman from Louisiana Sections 119 and 122. local-to-local plan, it will require 2 to (Chairman TAUZIN), the gentleman I, the gentleman from Virginia (Mr. 3 years to put into service, and then it from North Carolina (Chairman BLILEY), the gentleman from Michigan will only be available in about 70 of the COBLE), the gentleman from Massachu- (Mr. DINGELL), and the gentleman from 210 television markets in the United setts (Mr. MARKEY), the ranking mem- Massachusetts (Mr. MARKEY) believe States. ber, and our colleagues on both com- that a wholesale exclusion from the The two largest television markets in mittees, the gentleman from California compulsory license based solely on the Wyoming are Casper and Cheyenne. (Mr. BERMAN) and the gentleman from technology used by potential licensees They both rank under 177. They would Virginia (Mr. BOUCHER), this con- to retransmit the program may be in- probably never receive local-into-local ference report has finally reached the appropriate. service without the loan guarantee pro- floor. If on-line service providers can meet visions that are included in this bill. Some think it may be the signal that the underlying requirements of the Once again, I want to thank the gen- we will be released soon because this is compulsory license, they should not be tleman from Virginia (Chairman BLI- a bill that had to go through. It rep- discriminated against simply because LEY), the gentleman from Louisiana resents the culmination of several of the medium used. (Mr. TAUZIN), the gentleman from years of debate on intellectual prop- It is my understanding that the gen- North Carolina (Chairman COBLE), and erty issues that affect both consumers, tleman is committed to working with the gentleman from Virginia (Mr. BOU- broadcasters, satellite companies, do- me, the gentleman from Virginia (Mr. CHER) for all of their hard work in get- main name holders, and patent holders. BLILEY), the gentleman from Michigan ting this bill to the floor in a timely The most important change the bill (Mr. DINGELL), and the gentleman from manner. makes is allowing satellite carriers to Massachusetts (Mr. MARKEY) in ad- Mr. MARKEY. Mr. Speaker, I yield 2 offer local-to-local service. As we dressing this concern this session. minutes to the gentleman from Vir- know, under current law, consumers Mr. Speaker, I ask the gentleman ginia (Mr. BOUCHER). may not receive local network signals from North Carolina (Mr. COBLE), is Mr. CONYERS. Mr. Speaker, I also along satellite services unless they are that correct? yield 2 minutes to the gentleman from in a service area where local reception Mr. COBLE. Mr. Speaker, will the Virginia (Mr. BOUCHER). is blocked. gentleman yield? The SPEAKER pro tempore (Mr. By eliminating this restriction, we Mr. TAUZIN. I yield to the gen- WALDEN of Oregon). The gentleman will allow the satellite companies to tleman from North Carolina. from Virginia (Mr. BOUCHER) is recog- provide more viable competition with Mr. COBLE. Mr. Speaker, I would say nized for 4 minutes. cable, which will enhance consumer that the gentleman from California Mr. BOUCHER. Mr. Speaker, I want choice and services. This is good. (Mr. BERMAN), the gentleman from At the same time we are eliminating to thank my friends and colleagues Michigan (Mr. CONYERS), and the gen- from Massachusetts and from Michigan the barriers to entry by satellite, the tleman from Illinois (Mr. HYDE) and bill also helps ensure that there is a for yielding me this time. are in agreement to work to address I rise in support of the conference level playing field between cable and this matter. agreement and offer congratulations to satellite. This is good. Mr. BERMAN. Mr. Speaker, will the my fellow conferees for performing Under current law, cable is subject to gentleman yield? well the challenging task of balancing legal must-carry requirements, which Mr. TAUZIN. I yield to the gen- a range of complex policy choices. ensure that they carry all local service tleman from California. channels. This bill provides for a mech- Mr. BERMAN. Mr. Speaker, without The new ‘‘satellite home viewer act’’ anism for importing this requirement conceding any of the assumptions in will be good for consumers. It assures on satellite companies, which again the preface to the question of the gen- that millions of rural Americans who live a long way from local TV stations will serve to broaden the choices con- tleman from Louisiana (Mr. TAUZIN), I sumers have in programming. would be enthusiastic about working can continue to receive network sig- Another important reform included with the gentleman on this issue. nals delivered by satellite. It fully au- in the bill includes loan guarantees Mr. TAUZIN. Mr. Speaker, I thank thorizes an entirely new satellite serv- provided for companies that want to the gentleman for his comments. ice for the benefit of TV viewers. retransmit local signals to rural mar- Mr. Speaker, I yield 2 minutes to the For the first time, satellite compa- kets. Far too much of the information gentlewoman from Wyoming (Mrs. nies will be able to offer not just na- revolution has passed by rural Amer- CUBIN.) tional programs but also local tele- ica. On our committee, the gentleman Mrs. CUBIN. Mr. Speaker, I would vision stations. They will up-link local from Virginia (Mr. BOUCHER) has done like to start by thanking the gen- stations to the satellite and spot beam an excellent job in this regard and has tleman from Virginia (Chairman BLI- those stations back into the markets of helped the bill immeasurably. LEY), the chairman of the Committee their origination. Telecommunication firms have ar- on Commerce, for his remarkable work With this advance, satellite compa- gued that it is not economically fea- in getting this very important piece of nies will become completely viable sible to offer satellite and other ad- legislation on the House floor tonight. competitors for cable TV companies vanced services in these areas. We have I am particularly pleased with the and will offer all of the choices includ- done differently. The conference report bill’s rural provisions, which include a ing local programs that cable compa- will help to ensure that the capital ex- fiscally responsible plan that will en- nies offer at the present time. ists to offer rural America access to sure that all customers, including me- This advance will benefit consumers their local signals. dium size and small markets, will have by giving them a viable alternative to I urge support of the measure before access to local broadcast signals by cable for multi-channel video services. us. way of satellite. It will serve as a competitive check on Mr. Speaker, I reserve the balance of The conference report includes a $1.25 cable rates, benefiting even those view- my time. billion Agriculture Department loan ers who continue to subscribe to cable Mr. TAUZIN. Mr. Speaker, I yield guarantee to help support the launch of television. And it will assure local myself such time as I may consume. satellite systems dedicated to provide broadcasters that, for the first time, Mr. Speaker, I rise for the purpose of television service to hundreds of rural they can reliably reach every viewer engaging in a colloquy with my friend and underserved markets. within their market. the gentleman from North Carolina Without this plan, only the largest I particularly want to thank the con- (Mr. COBLE). television markets in America will be ferees in the House and in the other

VerDate 29-OCT-99 06:00 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.182 pfrm02 PsN: H09PT1 H11814 CONGRESSIONAL RECORD — HOUSE November 9, 1999 body for accepting a proposal that I the near future my constituents who this world and all of a sudden, by legal made in partnership with my col- are having a problem being able to get brief or by interpretation of a defini- league, the gentleman from Virginia their local news, weather, sports, emer- tion enacted when no one had any idea (Mr. GOODLATTE), to facilitate the of- gency information, community infor- about this dreaming technology, as- fering of the new local-into-local sat- mation broadcast to them by satellite sume that now there is compulsory li- ellite service, not just in the largest so they have a competitive alternative cense for Internet service providers cities but in all 211 local television to cable, or in the rural areas the only without hearings, without discussion, markets nationwide. alternative. And to be able to get that without consideration. The commercial satellite companies local broadcast is truly an exciting b 1845 have announced their intention to offer part of this bill. the local-into-local service only in the But there are many other out- I would like to hear the compelling largest 67 cities. standing provisions, as well. That com- case for that particular move before The provision that the gentleman petition I just referred to that we will this House is asked to consider it. from Virginia (Mr. GOODLATTE) and I get now between satellite and cable in On another point, I strongly sup- sponsored, which is a part of this con- urban areas is a great development. ported the marketplace approach ference report, will enable the U.S. De- The legislation in this bill dealing with taken in the 1994 Satellite Home View- partment of Agriculture to provide a cyber-squatting and cracking down on er Act amendments; namely, that the loan guarantee in the amount of $1.25 those who would steal other people’s royalty fees paid by satellite services billion to make feasible the construc- trademark names, as well as the patent for programming obtained under the tion, launch, and operation of enough provisions in this bill, are also all satellite compulsory license should be satellites to provide the local-into- worth noting. set at fair market value. Yet this con- local service in all television markets Now, one provision has been raised ference report discounts the rate set by nationwide, including the medium that is of concern to the on-line service the Copyright Arbitration Royalty sized and the smaller markets that the provider industry, and I want to make Panel and upheld by the U.S. Court of commercial companies do not intend to it clear that I strongly support pre- Appeals for the District of Columbia. serve. serving the current law on this issue. Finally and unfortunately in the last I thank my colleague, the gentleman On-line service providers should not be few days of the conference committee from Virginia (Mr. GOODLATTE), for his precluded from competing with sat- deliberations, a provision was added, excellent efforts; and I thank other ellite and cable providers if they qual- which I strongly oppose, which delays members of the conference for accept- ify for the same license. for 6 months the obligation of multi- ing this proposal. The interest of rural Especially important is this issue for channel video programming distribu- viewers will be well served by this ad- people in rural areas to be able to get tors to obtain consent for the retrans- vance, as they will by the adoption of the choice of where they will get their mission of the signals of television this conference report. I am pleased to programs, and Congress should be con- broadcast stations in their local mar- encourage its adoption by the House. kets. Mr. COBLE. Mr. Speaker, may I ask scious of the unintended consequences of excluding an exciting new medium I look at these features of the con- the Chair how much time I have reference report and I am struck by the maining. and the unintended consequences of excluding that medium. degree to which this Congress, indeed The SPEAKER pro tempore. The gen- this Republican majority, is imposing tleman from North Carolina (Mr. So I intend to work with the other artificial, government-contrived im- COBLE) has 6 minutes remaining. The Members who have worked on this leg- pediments to the ability of the market- gentleman from Louisiana (Mr. TAU- islation to be sure that we find another place to determine the terms for deliv- ZIN) has 30 seconds remaining. The gen- vehicle to address those concerns be- ery of broadcast signals. tleman from Michigan (Mr. CONYERS) fore the House adjourns for the year. Mr. CONYERS. Mr. Speaker, I am Notwithstanding all of that, I am a has 51⁄2 minutes remaining. The gen- supporter of this conference report, be- tleman from Massachusetts (Mr. MAR- pleased to yield 3 minutes to the gen- cause it does provide the competition KEY) has 4 minutes remaining. tleman from California (Mr. BERMAN), by satellite to cable that is needed Mr. COBLE. Mr. Speaker, I yield 21⁄2 the ranking member on our sub- minutes to the gentleman from Roa- committee; and I thank him for his ex- through the delivery of local-to-local, through the addition of provisions noke Valley, Virginia (Mr. GOODLATTE). cellent work. (Mr. GOODLATTE asked and was Mr. BERMAN. Mr. Speaker, I rise in fought for by the gentleman from Vir- given permission to revise and extend support of H.R. 1554, a bill which is ginia. And if the urban legislators who his remarks.) truly enormous in its scope. once this passes have multifaceted Mr. GOODLATTE. Mr. Speaker, I Its central purpose, of course, is to choices for different media, in regular, thank the gentleman for yielding me afford more American consumers the free, on-the-air television, cable and the time, and I congratulate him and opportunity to view their own local satellite, are not willing to help the the gentleman from Illinois (Chairman stations by satellite, a sensible goal people in rural areas at least have HYDE) of the Committee on the Judici- that I strongly endorse. some competitive alternative, it would ary for their outstanding work on this. At the same time that I endorse the be a very sad day. This is truly a bipartisan effort. I competitive parity we seek to achieve I endorse the provisions of this bill. want to thank the gentleman from in this legislation between the satellite Mr. MARKEY. Mr. Speaker, I yield Michigan (Mr. CONYERS), the ranking and cable industries, it is certainly the myself 1 minute. member, and the gentleman from Cali- case that this bill does so at the ex- Mr. Speaker, up in Boston, there is fornia (Mr. BERMAN) as well and the pense of certain important principles. one man whom we revere whose philos- Committee on Commerce. This is a co- I have made no secret in the past of ophy is instilled in each of us. His phi- operative venture between two com- my distaste for compulsory licenses. losophy was, ‘‘All politics is local.’’ His mittees that have worked out this very Yet this bill extends such a license, in- name was Tip O’Neill. Tonight he fine legislation. deed one that has been massively vio- would be saying, ‘‘All politics is local- But I, most especially, want to thank lated by its beneficiaries, for another 5 into-local,’’ making sure you can take the gentleman from Virginia (Mr. BOU- years. your local TV stations, beam them up CHER), my colleague, for his very fine I might just add at this particular to a satellite and bring them right leadership on the rural local-into-local point and for the comments of the gen- back down, watch the Red Sox, watch provisions in this bill. Because without tleman from Virginia (Mr. GOODLATTE) the Bruins, watch the Celtics, on their those provisions, this bill would not do and the gentleman from Louisiana (Mr. local TV stations. Then you can dis- very much for those many, many tens TAUZIN) that there is some thought connect your cable company if you of millions of Americans living in that, without hearings, without consid- like. If they are not coming soon those smaller markets in this country. eration, we are going to take the copy- enough to satisfy you and there is bad And so it is truly exciting to have righted content of our creative commu- service, if they are putting up the rates the opportunity to now know that in nities around this country and around too high for the limited number of

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.185 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11815 channels they are providing you, this measure will help bring competition to Mr. COBLE. Mr. Speaker, I yield such option now becomes one that you can TV transmission. time as he may consume to the gen- consider. My father used to say to me, There is a further issue that I think tleman from Oregon (Mr. WALDEN). ‘‘Eddie, I’d disconnect cable in a sec- is enormously important, and that is (Mr. WALDEN of Oregon asked and ond, but it would just be a pain to have the inclusion of patent reform. This was given permission to revise and ex- to get up and flick the switch and then Congress has been on record several tend his remarks.) try to move the rabbit ears.’’ times urging and hoping that we could Mr. WALDEN of Oregon. Mr. Speak- Mr. Speaker, tonight for my father bring American patent law into the er, I rise in support of the conference and for millions like him across the modern era. Although we are making report and to show my support for this country, this gives them the oppor- sausage here tonight, maybe this by legislation, especially with the local- tunity to begin to make that decision. way of process is not pristine, the abso- into-local commitment for our rural Mr. Speaker, I reserve the balance of lute end result of a good patent reform areas. my time. bill is well worth our support, and I am Mr. Speaker, I rise in support of the pas- Mr. COBLE. Mr. Speaker, I yield 2 grateful that it has been included. sage of this conference report. minutes to the distinguished gen- Mr. TAUZIN. Mr. Speaker, I yield On behalf of the thousands of people in tleman from California (Mr. ROGAN), a such time as he may consume to the rural Oregon whose only clear reception to the member of the Committee on the Judi- gentleman from Ohio (Mr. OXLEY). world of television is via satellite, passage of ciary. (Mr. OXLEY asked and was given this measure is a welcome relief. Mr. ROGAN. I thank the gentleman permission to revise and extend his re- I would also like to commend the Committee for yielding me this time. marks.) for providing the resources to help bring local Mr. Speaker, I am pleased to join my Mr. OXLEY. Mr. Speaker, I rise in stations to rural areas. It would be unfair for colleagues tonight in support of the support of the conference report. The the viewer in the smallest of TV markets if conference agreement. This legislation winner in this is the consumer. they were left behind while the satellite com- Mr. MARKEY. Mr. Speaker, I yield will significantly increase competition panies provide local to local service in only the myself 2 minutes. in the satellite broadcast market and It has been a long road, Mr. Speaker, largest and most lucrative markets. People in provide consumers across the United to reach this point. We began in our rural Oregon deserve to be able to watch the States with cutting edge services. committee probably 25 years ago with local news, weather and community service In addition, the bill offered earlier by the cable revolution forcing telephone programming, provided by their community my good friend from Virginia and I is companies and electric companies to broadcasters. now incorporated as title III in this allow cable companies to put their This bill is a good piece of legislation that conference report. Our legislation, the wires on their poles. We had to pass will provide new alternatives, and more com- Cyberpiracy Prevention Act of 1999, laws forcing then as the cable compa- petition in the market place. It deserves our will address the issue of cyberpiracy. nies got very large to force them to sell support tonight in the House. Cyberpiracy is the deceptive practice their programming to satellite compa- Mr. COBLE. Mr. Speaker, I yield such of registering an Internet domain name nies so that the satellite companies time as he may consume to the gen- using the name of an existing entity or would be able to compete against cable tleman from Florida (Mr. STEARNS). individual for the purpose of commer- companies. (Mr. STEARNS asked and was given cial gain. This bill prevents Each one of these steps is part of a permission to revise and extend his re- cybersquatting when a trademark, government plan, part of a bipartisan, marks.) service mark, famous name or any per- Federal Government plan to add more Mr. STEARNS. Mr. Speaker, I rise in sonal name is involved. Typically, competition to the marketplace. If it support of the conference report. cybersquatters act against registered was left just to the incumbent compa- Mr. Speaker, I rise in favor of the Con- trademarks in a variety of ways. nies, we would never have any addi- ference Report to H.R. 1554 and its positive Mr. Speaker, this bill as amended tions to the video revolution. We would impact on consumers in the 6th District of will protect the interests of the public never have reached the day here where Florida. This legislation restores television sig- mark owners and famous individuals we can debate whether or not stream- nals to those consumers who truly cannot re- from these fraudulent practices on the ing video, America OnLine, should be ceive their local television broadcast stations Internet. This bill provides legal re- part of this debate. It is only because while also laying a framework for establishing course for those who have been ex- we have made these tough government local-into-local signals. And in smaller, more ploited by cybersquatters, and extends decisions to break down barriers to rural markets such as mine, it establishes loan current trademark protections to the entry to new technologies that we are guarantees to provide service in such areas. world of e-commerce. able to debate this tonight. But I also support this Conference Report I encourage my colleagues to support For millions of Americans for the for the privacy protections it extends to donors this important measure. first time beginning this Christmas, of public broadcasting entities. As everyone Mr. Speaker, if I may, I want to they may have the opportunity of de- knows by now, the public broadcasting sta- thank my good friend, my sub- ciding just to disconnect their cable tions engaged in swapping their donor lists committee chairman, for his leadership and to get their local television sta- with Democratic party. As a result, I intro- on this. I want to commend the leader- tions for the first time from a new duced H.R. 2791, to prohibit public broad- ship of my friend from Virginia who place, a satellite dish, and to also have casting stations receiving any funding through has just done exceptional work. I want at the same time the freedom of having the Corporation for Public Broadcasting from to commend the staffs of both parties the couple of hundred channels that making available any lists of their financial do- and also the distinguished Judiciary satellite offers to them. That is what nors. Committee chairman in the other body makes me so excited about this bill. It Though the Commerce Committee did not for his leadership. This is a good meas- no longer will be a rural revolution, it have time to mark-up my legislation, this Con- ure. I look forward to its passage. now becomes officially an urban revo- ference Report extends the protections of my Mr. CONYERS. Mr. Speaker, I am lution. legislation to donors of public broadcasting en- pleased to yield 1 minute to the gentle- Again, not all of the provisions that tities by prohibiting any funds to a public sta- woman from California (Ms. LOFGREN). I wanted are in this bill. I do not think tion which swaps lists with a political entity or Ms. LOFGREN. Mr. Speaker, I am so we are going to see the price competi- disclosed donor names without their consent. pleased to support this measure before tion which would have been made pos- I encourage my colleagues to vote in favor us this evening, because it is going to sible if we had made some tougher de- of the report. help me answer a question that my cisions, but I do think we are tonight Mr. COBLE. Mr. Speaker, I yield 1 constituents have been asking over and taking that first step towards making minute to the distinguished gentleman over again, which is why would Con- urban Americans equal citizens with from California (Mr. Rohrabacher). gress prevent local channels from being rural Americans in this satellite revo- Mr. ROHRABACHER. Mr. Speaker, I received by satellite dishes? I can see lution. rise in strong support of at least a pro- no reason for controlling competition Mr. Speaker, I reserve the balance of vision, if not the entire conference re- in the way that we have done so. This my time. port, because I just would like to talk

VerDate 29-OCT-99 05:10 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.190 pfrm02 PsN: H09PT1 H11816 CONGRESSIONAL RECORD — HOUSE November 9, 1999 about a provision that I know about ment, content. Without music, movies, local amendment that I offered was designed and where I have a little bit of exper- software and books, all the machines in to help accelerate competition to incumbent tise, and that has to do with the Amer- the world, Mr. Speaker, are meaning- cable systems by authorizing a service that ican patent system. less. I am proud with my colleagues would permit satellite carriers the ability to pro- Part of this conference report has a here today to stand up to protect prop- vide consumers a video service that was more very strong patent reform provision erty on the Internet, to help owners comparable to cable. There's no question that that has been the subject of much de- and consumers. This bill does that. many consumers today who would otherwise bate and hard work in this body for the This bill balances the interests in- have switched to satellite TV do not do so be- last 5 years. It is a victory for the volved. I urge support. cause they cannot effectively receive their American inventor. We have provisions Mr. MARKEY. Mr. Speaker, I yield local channels. in this bill that protect American in- myself the balance of my time. This service avails a consumer of the oppor- ventors from prepublication which was I want to conclude by congratulating tunity to receive his or her local TV stations by a major issue of contention. It protects my good friend the gentleman from way of satellite. This promotes our policy of lo- the patent term. And it ensures a Louisiana (Mr. TAUZIN) for his excel- calism and makes satellite service more at- strong patent system for the money lent work on this bill. We have worked tractive to consumers. I believe that local-to- that is going in there. It is going to be many years on these issues. local is the future of satellite broadcasting and kept in the patent system to strength- I want to thank the gentleman from that it will make satellite service more com- en it and educate the patent examiners Virginia (Mr. BLILEY), the gentleman parable to cable and I am very pleased that it and to make sure that America re- from Michigan (Mr. DINGELL) who is included in the legislation before the House. mains the number one technological wanted to be here, he is in another con- At a time when cable programming has power on this planet from the bottom ference working on a health care-re- been deregulated, we must work quickly to up. There is nothing we can do from lated issue right now; the gentleman provide incentives for greater competition to the top down when it comes to the from Michigan (Mr. CONYERS), the gen- incumbent cable companies and we must do great inventiveness of the American tleman from California (Mr. BERMAN), so in a way that fully recognizes the market people. the gentleman from North Carolina power that the cable industry continues to This bill contains provisions, as I (Mr. COBLE), the gentleman from Vir- wield in the marketplace. ginia (Mr. BOUCHER), each one a saint, say, which we worked so hard on. A I am very disappointed that the Conference but I especially want to identify myself great victory for the American inven- Committee did not accept the stronger House with the comments again of the gen- tors is contained in this conference re- version of this provision that would have been tleman from Michigan (Mr. CONYERS). port. more competitive and more pro-consumer. In Mr. CONYERS. Mr. Speaker, I yield It would have been far better if we had general, the House bill was a better bill than myself the balance of my time. built in language which would have en- what the Senate produced, or what we have Mr. Speaker, I want to observe the sured that nondiscriminatory conduct wound up with here at the end of the process. pro-consumer part of this bill a little against certain satellite companies Late changes to the bill in the conference are more carefully, because this is gen- could not have been engaged in. It a step in the right direction and have made erally a pro-consumer bill. Could we would have been preferable if we had the bill more acceptable. I believe that it is have provided greater reforms in the dealt with that issue today. Instead, worthy of support, but we still have much work area of retransmission consent? I think our responsibility will be to monitor to do in order to promote greater choice and so. Currently, large broadcasters can very closely marketplace activities and price competition to cable. enter into sweetheart deals with large to identify wherever it occurs actions cable and satellite companies. That is that are meant to harm those who seek I am hopeful that we can return as a Con- why I supported including strong anti- to compete in this new marketplace. gress and revisit these cable competition discrimination language which would Let us hope that this bill will be a issues. Consumers deserve greater choice have allowed new firms to more fairly success. I think each of us hopes that and they deserve greater efforts on the part of compete against the entrenched mo- the revolution begins tonight. policymakers to make such choice ubiquitous nopolies. Although the final language I want to start off by commending Chairman and affordable. prevents exclusive contracts, it could BLILEY, Mr. DINGELL, and Chairman TAUZIN, as Again, I want to commend Chairman BLILEY, have been tougher. It could have done well as Chairman HYDE, Mr. CONYERS, Chair- and Chairman HYDE for bringing this bill to the more to prevent discriminatory con- man COBLE, and Mr. BERMAN from the Judici- floor and for their leadership in working with tracts. I think we will have to continue ary Committee, for bringing back to the floor Mr. DINGELL, Mr. CONYERS, Chairman TAUZIN, to watch for that. today the conference report on the Satellite Chairman COBLE, and myself as well as others I am also a strong supporter of those Home Viewer Act (SHVA). And I want to thank on the Committee in attempting to fashion a provisions dealing with patent reform my colleagues for their leadership and for the consensus, bipartisan approach to this difficult and cybersquatting. The patent provi- excellent work they have done in helping to issue. sions will help prevent the deceptive bring a bipartisan, consensus approach to I continue to believe that newly-granted re- practices of submarine patents, extend these complicated issues. transmission consent rights for both local and the length of patent terms and provide The impetus for Congress' activity on the distant signals must have appropriate safe- for a more streamlined patent office Satellite Home Viewer Act this year is two- guards against potential anticompetitive activ- and patent examination system. The fold. First, having deregulated cable program- ity stemming from the cable industry's contin- Patent and Trademark Office is a crit- ming services effective in April of this year, ued market dominance. Broadcasters have a ical cog in our high-tech economy, and many members of this body sought ways in non-marketplace safeguard built into the bill in the changes will help keep our country which to foster greater competition to incum- the form of must-carry. Cable competitors at the forefront of innovation. The bent cable systems. Second, lawmakers were must have similar protection against potential cybersquatting changes will help pre- responding to a series of court decisions that anticompetitive action because of the domi- vent abusive registration of Internet found that people were illegally selling distant nant position that incumbent cable companies domain names and ensure that trade- network signals to consumers in violation of are able to exercise. I hope that the FCC can mark rights are respected in cyber- the Satellite Home Viewer Act. In proceeding clarify language in the bill as it is intended to space. legislatively, we have tried to remain true to serve consumers and our competition policy This is a good conference report. I en- two important communications values, namely where it addresses the obligation for ``good courage its support by all of the Mem- localism and universal service. We have tried faith'' negotiations. bers. to balance these values even as we factor in Local-to-local service however, will not Mr. COBLE. Mr. Speaker, I yield my- the innovative changes that have occurred in reach many markets initially. And even the self the balance of my time. satellite technology, as well as the dire need most robust business plans on the drawing This is the second omnibus copyright for greater competition to incumbent cable board today do not envision extending local- bill in as many Congresses, Mr. Speak- companies in the video marketplace. to-local beyond the top 70 markets or so. For er, revealing our commitment to ad- In the Commerce Committee, I offered an that reason, we still need to address issues dress the challenges of the digital age amendment to accelerate the development of related to how we can supplement satellite as it involves the most important ele- so-called ``local-to-local'' service. The local-to- service with the delivery of local TV channels

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.198 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11817 in those smaller, rural markets with other wire- tant network signals terminated. In addition, all their local broadcast stations when they sub- less cable, terrestrial wireless, or cable broad- owners of the larger, C-Band dishes are scribe to satellite television service. No longer cast-only basic tier availability. grandfathered. I strongly support the grand- will consumers be required to fool with rabbit Facilitating deployment of new technologies, father provisions as a matter of basic fairness ears, or erect a huge antenna on their rooftop, such as wireless terrestrial service, could also for consumers. to receive their local network stations. The sat- advance the important priority of stimulating In addition, the measure includes an ellite dish they buy this holiday season will be direct competitors to cable in all markets. amendment I offered in conference committee able to provide them with a one-stop source Strong price and quality competition to incum- to protect the privacy of donors to public for all their television programming. bent cable systems is still woefully absent in broadcasting stations. As members know, a But the bill helps consumers in another very today's marketplace. There are, for example, scandal erupted this summer when it was dis- important way. Cable television prices were several companies poised to offer competition covered that PBS and NPR stations around deregulated on April 1st of this year, despite to cable through wireless services. One of the nation had been swapping lists of their do- the fact that effective competition to these sys- these potential cable rivals is Northpoint Tech- nors with the Democrat National Committee tems was practically non-existent at that time. nology, which could provide cable services and other partisan entities. This bill now will allow satellite companies to using existing equipment. The amendment prohibits the sharing of lists compete more effectively with cable systems, Finally, the conference agreement requires with political committees and campaigns. In and provide a real-market check on the rates the Commission to conduct a number of rule- addition, my amendment requires that donors they charge consumers. If cable rates con- making proceedings related to the rights of tel- to public broadcasting stations be given the tinue to climb, as they have done for the past evision broadcast stations, such as network opportunity to opt-out of any sharing of their several years, consumers will be able to fight nonduplication. These rulemaking procedures personal data. The third-party opt-out is similar backÐthey'll now have a real choice for their shall apply to commercial and noncommercial to the privacy amendment which I added to S. video programming service. televisions stations. 900, Financial Services Modernization. I'm Despite these benefits, it is true that in Again, my congratulations to the Commerce pleased that the conference committee has some of the smaller markets around the coun- and Judiciary Committee conferees. I urge taken this step to protect the privacy of public try, satellite companies will not provide local support of the bill and I urge members who broadcasting contributors. broadcast signals right away. This is due to support more effective competition to incum- Mr Speaker, I urge support for the con- technical capacity limitations that currently ference report. bent cable systems to support strong rules at exist. In those smaller markets, consumers Mrs. CAPPS. Mr. Speaker, I rise in strong the FCC clarifying ``good faith'' negotiating ob- who subscribe to satellite TV will still be re- support of the satellite television conference quired to get their local stations over-the-air ligations on those entities offering retrans- report. mission consent of their station's signal. through the use of a conventional antenna. I am very pleased we are able to consider This raises an important question that is the Phone companies, cable overbuilders, and this important legislation that will enable sat- subject of considerable debate. The question satellite operators need clear, pro-competition ellite television users to receive network sig- is whether these consumers can actually re- rules at the FCC and I believe the Commis- nals. This bill represents an important victory ceive an acceptable picture over-the-air, sion ought to do this on an expedited basis. for consumers across the country. through the use of an antenna. The House bill There's no reason to delay. I again urge sup- My constituents in Santa Barbara and San would have given the Federal Communica- port of the bill. Luis Obispo counties in California have been tions Commission authority to change the b 1900 heavily affected by this issue. My district is a rules governing which consumers receive an rural, mountainous area, and thousands of Mr. TAUZIN. Mr. Speaker, I yield acceptable picture, and which do not. Those people have turned to satellites as the only myself the remaining time. who do not would be allowed to subscribe to way to receive television signals. These peo- Mr. Speaker, in closing, let me say out-of-market, or ``distant'' network signals as ple bought their satellites with the under- that this has been a long battle. I say part of their satellite television service. standing that they would be able to receive congratulations to my friend, the gen- Unfortunately, the House position was not national network stations. I am pleased that tleman from Massachusetts (Mr. adopted by the Conferees. Instead, the Con- this bill will enable them to continue to do so. MARKEY). ference Report simply requires the FCC to It is clear that satellite users expectÐand study this question and report back to Con- Today, we see real competition for deserveÐaccess to all television signals. And cable. We know that when cable faces gress. A study will not help consumers who most importantly, they should be able to re- want satellite service, but are denied access real competition, rates can fall as ceive local network stations. Local TV is in much as 25 percent. Today, real com- to network programming. I hope that the dis- many ways our modern town square. Our con- tinguished Chairman of the Commerce Com- petition; tomorrow, real choice. This is stituents need local TV stations for complete a victory for consumers. mittee will take swift and appropriate action and up-to-date news, weather, and information when that FCC report comes back to this body For those of my colleagues who want about community events. The local-into-local to read the bill, it is on the web site at with its recommended changes. These rules satellite broadcasting provision, which enables need to be changed if we are ever going to http://clerkweb.house.gov. My col- households to receive their local stations have truly effective competition to cable. leagues can pick it up on the web. More through their satellite package, is perhaps the Mr. Speaker, I believe that the Conference importantly, Americans will soon be most important in the bill. Report, on balance, is a pro-consumer, pro- able to pick up local television off of As this bill made its way through the legisla- competitive piece of legislation and rec- their satellite. tive process, I was concerned that limited sat- ommend its approval. Mr. OXLEY. Mr. Speaker, Satellite television ellite technological capacity could provide Mr. BLILEY. Mr. Speaker, I rise in strong has emerged in recent years as a major com- local-into-local coverage for only the largest support of the Conference Report on H.R. petitor in the multichannel video marketplace. media markets. This would mean that Central 1554, the Intellectual Property and Commu- This is especially so in suburban and rural re- Coast citizens would not be able to get their nications Omnibus Reform Act of 1999. gions such as Ohio's Fourth Congressional local TV stations through their satellites since Mr. Speaker, this bill represents a significant District. It is a development which has been we live in a small, rural market. I brought achievement for the 106th Congress. When welcomed by consumers and policy makers these concerns to the attention of the con- the Committee on Commerce began its delib- alike. ferees and am pleased that the bill now cre- erations on this measure nearly a year ago, The measure before us permits satellite tel- ates a loan guarantee program to encourage we established that our overarching objective evision providers to deliver local broadcast satellite service in rural areas and smaller would be to produce a bill that creates com- channels to local viewers, bringing local news, markets. This provision should ensure that all petition with incumbent cable operators. sports, and weather to satellite customers. consumers will have access to local television Because in the end, it is competitionÐand This will provide a major boost to satellite as through their satellite dish. competition alone!Ðthat will discipline cable a competitor to cable television. I urge my colleagues to support this bill and operators. We tried cable rate regulation. And The legislation will provide greater con- restore fairness for satellite viewing cus- it failedÐmiserably. sumer choice and enhanced price competition tomers. But now the House stands on the brink of for multichannel video services. Mr. DINGELL. Mr. Speaker, I rise in support passing a strong pro-competition, pro-con- The bill also grandfathers DBS subscribers of the Conference Report on H.R. 1554. sumer bill. outside of the metropolitan Grade A contour Consumers will greatly benefit from the bill. I should add that, as early as last week, this who have had or are soon to have their dis- They will finally be legally entitled to receive legislation was headed in the wrong direction.

VerDate 29-OCT-99 06:46 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 9920 E:\CR\FM\A09NO7.130 pfrm02 PsN: H09PT1 H11818 CONGRESSIONAL RECORD — HOUSE November 9, 1999 The draft legislation preserved the status quo two services to satisfy their television needs. Sec. 102. Restrictions on mailings using mis- * * * rather embracing the future and pro- The fact that we are giving dish-providers the leading references to the United viding meaningful competition. ability to rebroadcast local signals, however, States Government. Sec. 103. Restrictions on sweepstakes and But during the last several days, several key does not come without additional responsi- deceptive mailings. provisions were included that put this legisla- bility. Under this bill, dish-providers will not be Sec. 104. Postal service orders to prohibit tion back on track. The Conferees included a able to carry only those signals that stand to deceptive mailings. provision that will jump-start local-into-local, earn them a great deal of profitÐthey must Sec. 105. Temporary restraining order for de- and also included a provision that will permit also carry all of those local signals that are re- ceptive mailings. Sec. 106. Civil penalties and costs. many consumers to continue receiving two quired of the cable companies. After all, this Sec. 107. Administrative subpoenas. distant network signals. bill was designed in order to erase inequities, Sec. 108. Requirements of promoters of skill With the addition of these two provisions, not further them. contests or sweepstakes mail- Congress can now genuinely represent to con- Another mechanism in this bill that provides ings. sumers that they will have a choiceÐand for an equal footing is the non-discrimination Sec. 109. State law not preempted. soon. This holiday season, for the first time, clause, which tells broadcasters that they must Sec. 110. Technical and conforming amendments. consumers will be able to go into their local make their signals available for rebroadcast by Sec. 111. Effective date. consumer electronics store and purchase a cable and satellite companies. This prevents TITLE II—FEDERAL RESERVE BOARD true alternative to cable. broadcasters from altering the landscape of RETIREMENT PORTABILITY Until today, many consumers who consid- competition in their markets by tipping the Sec. 201. Short title. ered buying satellite service decided not to scales in favor of one side over the other by Sec. 202. Portability of service credit. buy it because satellite was missing a key in- allowing them to chose who will have the Sec. 203. Certain transfers to be treated as a gredient: local broadcast channels. This legis- rights to re-broadcast their signals. separation from service for pur- Most of all, however, I am convinced that poses of the thrift savings plan. lation adds the missing ingredient. And every Sec. 204. Clarifying amendments. indication is that satellite subscribership will in- we are addressing a topic that is vital to our TITLE III—AMENDMENT TO THE FED- crease as a result. constituents. Mr. Speaker, I would like to ERAL PROPERTY AND ADMINISTRA- Moreover, by phasing in local broadcasters' thank this bill's sponsors and those who par- TIVE SERVICES ACT OF 1949. retransmission consent rights, this bill will ticipated in the conference on moving forward Sec. 301. Transfer of certain property to jump-start local-into-local service. By this with this needed bill. State and local governments. Christmas, tens of millions of satellite con- The SPEAKER pro tempore. The TITLE I—DECEPTIVE MAIL PREVENTION sumers will have access to local broadcast question is on the motion offered by AND ENFORCEMENT channels. DIRECTV alone will offer local the gentleman from Texas (Mr. ARMEY) SEC. 101. SHORT TITLE. broadcast channels to up to 50 million homes. that the House suspend the rules and This title may be cited as the ‘‘Deceptive That accounts for about half of the nation's agree to the conference report on the Mail Prevention and Enforcement Act’’. TV households. That's also a recipe for mean- bill, H.R. 1554. SEC. 102. RESTRICTIONS ON MAILINGS USING The question was taken. MISLEADING REFERENCES TO THE ingful competition. And that's why I urge my UNITED STATES GOVERNMENT. colleagues to join me in supporting this Con- Mr. COBLE. Mr. Speaker, on that I Section 3001 of title 39, United States Code, ference Report. demand the yeas and nays. is amended— In closing, Mr. Speaker, let me acknowledge The yeas and nays were ordered. (1) in subsection (h)— the work of several of my colleagues on the The SPEAKER pro tempore. Pursu- (A) in the first sentence by striking ‘‘con- Conference. I commend the work of Mr. TAU- ant to clause 8 of rule XX and the tains a seal, insignia, trade or brand name, or any other term or symbol that reasonably ZIN, Mr. OXLEY, and Mr. MARKEY, as well as Chair’s prior announcement, further could be interpreted or construed as imply- the commitment of Mr. HYDE, Mr. COBLE, and proceedings on this motion will be postponed. ing any Federal Government connection, ap- Mr. GOODLATTE. proval or endorsement’’ and inserting the I also want to extend a special thanks to the f following: ‘‘which reasonably could be inter- Chairman of the Senate Judiciary Committee, REMOVAL OF NAME OF MEMBER preted or construed as implying any Federal Mr. HATCH. He and I worked closely together AS COSPONSOR OF H.R. 1390 Government connection, approval, or en- these last few days in an effort to forge a bill dorsement through the use of a seal, insig- that not only would be good for consumers, Mr. WHITFIELD. Mr. Speaker, I ask nia, reference to the Postmaster General, ci- but also a bill that key industry participants unanimous consent to have my name tation to a Federal statute, name of a Fed- eral agency, department, commission, or could jointly support. I commend him for his removed as a cosponsor of H.R. 1390. The SPEAKER pro tempore. Is there program, trade or brand name, or any other fine work in this area. objection to the request of the gen- term or symbol; or contains any reference to Ms. JACKSON-LEE of Texas. Mr. Speaker, tleman from Kentucky? the Postmaster General or a citation to a I rise to speak on behalf of H.R. 1554, which There was no objection. Federal statute that misrepresents either I supported in an earlier vote on the floor. This the identity of the mailer or the protection f conference report redefines the role of our or status afforded such matter by the Fed- telecommunications industry by establishing DECEPTIVE MAIL PREVENTION eral Government’’; and fair competition for those participating within AND ENFORCEMENT ACT (B) in paragraph (2)— (i) in subparagraph (A) by striking ‘‘and’’ this industry. Mr. McHUGH. Mr. Speaker, I move to at the end; This bill is an important one for several rea- suspend the rules and pass the Senate (ii) in subparagraph (B) by striking ‘‘or’’ at sons. First, because it provides the rules and bill (S. 335) to amend chapter 30 of title the end and inserting ‘‘and’’; and regulations that will allow satellite service pro- 39, United States Code, to provide for (iii) by inserting after subparagraph (B) viders, like Prime Star and Direct TV, to com- the nonmailability of certain deceptive the following: pete for television services in areas that have matter relating to sweepstakes, skill ‘‘(C) such matter does not contain a false until now, been traditionally dominated by representation stating or implying that Fed- contests, facsimile checks, administra- eral Government benefits or services will be cable companies. tive procedures, orders, and civil pen- In the past, satellite service providers, unlike affected by any purchase or nonpurchase; alties relating to such matter, and for or’’; their land-based competitors, have not been other purposes, as amended. (2) in subsection (i) in the first sentence— allowed to re-broadcast local television sig- The Clerk read as follows: (A) in the first sentence by striking ‘‘con- nals. The result of this inequity has seriously S. 335 tains a seal, insignia, trade or brand name, undermined the ability of dish providers to pro- Be it enacted by the Senate and House of or any other term or symbol that reasonably vide meaningful competition to cable, notwith- Representatives of the United States of America could be interpreted or construed as imply- standing the development of small dish-based in Congress assembled, ing any Federal Government connection, approval or endorsement’’ and inserting the systems that are more affordable than ever SECTION 1. TABLE OF CONTENTS. following: ‘‘which reasonably could be inter- before. The table of contents for this Act is as fol- preted or construed as implying any Federal lows: This bill rectifies this situation, by finally al- Government connection, approval, or en- lowing satellite service providers to provide Sec. 1. Table of contents. dorsement through the use of a seal, insig- local television programming to their cus- TITLE I—DECEPTIVE MAIL PREVENTION nia, reference to the Postmaster General, ci- tomers. This means that my constituents in AND ENFORCEMENT tation to a Federal statute, name of a Fed- Houston will be able to select between at least Sec. 101. Short title. eral agency, department, commission, or

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.124 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11819 program, trade or brand name, or any other ‘‘(III) does not state all terms and condi- otherwise be required under the preceding term or symbol; or contains any reference to tions of the sweepstakes promotion, includ- sentence. the Postmaster General or a citation to a ing the rules and entry procedures for the ‘‘(6) In the enforcement of paragraph (3), Federal statute that misrepresents either sweepstakes; the Postal Service shall consider all of the the identity of the mailer or the protection ‘‘(IV) does not disclose the sponsor or mail- materials included in the mailing and the or status afforded such matter by the Fed- er of such matter and the principal place of material and language on and visible eral Government’’; and business or an address at which the sponsor through the envelope or outside cover or (B) in paragraph (2)— or mailer may be contacted; wrapper in which those materials are mailed. (i) in subparagraph (A) by striking ‘‘and’’ ‘‘(V) does not contain sweepstakes rules ‘‘(l)(1) Any person who uses the mails for at the end; that state— any matter to which subsection (h), (i), (j), (ii) in subparagraph (B) by striking ‘‘or’’ at ‘‘(aa) the estimated odds of winning each or (k) applies shall adopt reasonable prac- the end and inserting ‘‘and’’; and prize; tices and procedures to prevent the mailing of such matter to any person who, personally (iii) by inserting after subparagraph (B) ‘‘(bb) the quantity, estimated retail value, or through a conservator, guardian, or indi- the following: and nature of each prize; and vidual with power of attorney— ‘‘(C) such matter does not contain a false ‘‘(cc) the schedule of any payments made ‘‘(A) submits to the mailer of such matter representation stating or implying that Fed- over time; a written request that such matter should eral Government benefits or services will be ‘‘(VI) represents that individuals not pur- not be mailed to such person; or affected by any contribution or noncontribu- chasing products or services may be disquali- ‘‘(B)(i) submits such a written request to tion; or’’; fied from receiving future sweepstakes mail- the attorney general of the appropriate (3) by redesignating subsections (j) and (k) ings; State (or any State government officer who as subsections (m) and (n), respectively; and ‘‘(VII) requires that a sweepstakes entry be transmits the request to that attorney gen- (4) by inserting after subsection (i) the fol- accompanied by an order or payment for a eral); and lowing: product or service previously ordered; ‘‘(ii) that attorney general transmits such ‘‘(j)(1) Any matter otherwise legally ac- ‘‘(VIII) represents that an individual is a ceptable in the mails which is described in request to the mailer. winner of a prize unless that individual has ‘‘(2) Any person who mails matter to which paragraph (2) is nonmailable matter, shall won such prize; or not be carried or delivered by mail, and shall subsection (h), (i), (j), or (k) applies shall ‘‘(IX) contains a representation that con- be disposed of as the Postal Service directs. maintain or cause to be maintained a record ‘‘(2) Matter described in this paragraph is tradicts, or is inconsistent with sweepstakes of all requests made under paragraph (1). The any matter that— rules or any other disclosure required to be records shall be maintained in a form to per- ‘‘(A) constitutes a solicitation for the pur- made under this subsection, including any mit the suppression of an applicable name at chase of or payment for any product or serv- statement qualifying, limiting, or explaining the applicable address for a 5-year period be- ice that— the rules or disclosures in a manner incon- ginning on the date the written request ‘‘(i) is provided by the Federal Govern- sistent with such rules or disclosures; under paragraph (1) is submitted to the mail- ment; and ‘‘(B)(i) includes entry materials for a skill er.’’. ‘‘(ii) may be obtained without cost from contest or a promotion that purports to be a SEC. 104. POSTAL SERVICE ORDERS TO PROHIBIT the Federal Government; and skill contest; and DECEPTIVE MAILINGS. ‘‘(B) does not contain a clear and con- ‘‘(ii)(I) does not state all terms and condi- Section 3005(a) of title 39, United States spicuous statement giving notice of the in- tions of the skill contest, including the rules Code, is amended— formation set forth in clauses (i) and (ii) of and entry procedures for the skill contest; (1) by striking ‘‘or’’ after ‘‘(h),’’ each place subparagraph (A).’’. ‘‘(II) does not disclose the sponsor or mail- it appears; and SEC. 103. RESTRICTIONS ON SWEEPSTAKES AND er of the skill contest and the principal place (2) by inserting ‘‘, (j), or (k)’’ after ‘‘(i)’’ DECEPTIVE MAILINGS. of business or an address at which the spon- each place it appears. Section 3001 of title 39, United States Code, sor or mailer may be contacted; or SEC. 105. TEMPORARY RESTRAINING ORDER FOR is amended by inserting after subsection (j) ‘‘(III) does not contain skill contest rules DECEPTIVE MAILINGS. (as added by section 102(4)) the following: that state, as applicable— (a) IN GENERAL.—Section 3007 of title 39, ‘‘(k)(1) In this subsection— ‘‘(aa) the number of rounds or levels of the United States Code, is amended— ‘‘(A) the term ‘clearly and conspicuously contest and the cost to enter each round or (1) by redesignating subsection (b) as sub- displayed’ means presented in a manner that level; section (c); and is readily noticeable, readable, and under- ‘‘(bb) that subsequent rounds or levels will (2) by striking subsection (a) and inserting standable to the group to whom the applica- be more difficult to solve; the following: ble matter is disseminated; ‘‘(cc) the maximum cost to enter all rounds ‘‘(a)(1) In preparation for or during the ‘‘(B) the term ‘facsimile check’ means any or levels; pendency of proceedings under section 3005, matter that— ‘‘(dd) the estimated number or percentage the Postal Service may, under the provisions ‘‘(i) is designed to resemble a check or of entrants who may correctly solve the skill of section 409(d), apply to the district court other negotiable instrument; but contest or the approximate number or per- in any district in which mail is sent or re- ‘‘(ii) is not negotiable; centage of entrants correctly solving the ceived as part of the alleged scheme, device, ‘‘(C) the term ‘skill contest’ means a puz- past 3 skill contests conducted by the spon- lottery, gift enterprise, sweepstakes, skill zle, game, competition, or other contest in sor; contest, or facsimile check or in any district which— ‘‘(ee) the identity or description of the in which the defendant is found, for a tem- ‘‘(i) a prize is awarded or offered; qualifications of the judges if the contest is porary restraining order and preliminary in- ‘‘(ii) the outcome depends predominately judged by other than the sponsor; junction under the procedural requirements on the skill of the contestant; and ‘‘(ff) the method used in judging; of rule 65 of the Federal Rules of Civil Proce- ‘‘(iii) a purchase, payment, or donation is ‘‘(gg) the date by which the winner or win- dure. ‘‘(2)(A) Upon a proper showing, the court required or implied to be required to enter ners will be determined and the date or proc- shall enter an order which shall— the contest; and ess by which prizes will be awarded; ‘‘(i) remain in effect during the pendency ‘‘(D) the term ‘sweepstakes’ means a game ‘‘(hh) the quantity, estimated retail value, of the statutory proceedings, any judicial re- of chance for which no consideration is re- and nature of each prize; and view of such proceedings, or any action to quired to enter. ‘‘(ii) the schedule of any payments made enforce orders issued under the proceedings; ‘‘(2) Except as provided in paragraph (4), over time; or and any matter otherwise legally acceptable in ‘‘(C) includes any facsimile check that does ‘‘(ii) direct the detention by the post- the mails which is described in paragraph (3) not contain a statement on the check itself master, in any and all districts, of the de- is nonmailable matter, shall not be carried that such check is not a negotiable instru- or delivered by mail, and shall be disposed of fendant’s incoming mail and outgoing mail, ment and has no cash value. as the Postal Service directs. which is the subject of the proceedings under ‘‘(3) Matter described in this paragraph is ‘‘(4) Matter that appears in a magazine, section 3005. any matter that— newspaper, or other periodical shall be ex- ‘‘(B) A proper showing under this para- ‘‘(A)(i) includes entry materials for a empt from paragraph (2) if such matter— graph shall require proof of a likelihood of sweepstakes or a promotion that purports to ‘‘(A) is not directed to a named individual; success on the merits of the proceedings be a sweepstakes; and or under section 3005. ‘‘(ii)(I) does not contain a statement that ‘‘(B) does not include an opportunity to ‘‘(3) Mail detained under paragraph (2) discloses in the mailing, in the rules, and on make a payment or order a product or serv- shall— the order or entry form, that no purchase is ice. ‘‘(A) be made available at the post office of necessary to enter such sweepstakes; ‘‘(5) Any statement, notice, or disclaimer mailing or delivery for examination by the ‘‘(II) does not contain a statement that dis- required under paragraph (3) shall be clearly defendant in the presence of a postal em- closes in the mailing, in the rules, and on the and conspicuously displayed. Any statement, ployee; and order or entry form, that a purchase will not notice, or disclaimer required under sub- ‘‘(B) be delivered as addressed if such mail improve an individual’s chances of winning clause (I) or (II) of paragraph (3)(A)(ii) shall is not clearly shown to be the subject of pro- with such entry; be displayed more conspicuously than would ceedings under section 3005.

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.126 pfrm02 PsN: H09PT1 H11820 CONGRESSIONAL RECORD — HOUSE November 9, 1999 ‘‘(4) No finding of the defendant’s intent to ‘‘(i) a specific case, with an individual or served upon him, the Postmaster General make a false representation or to conduct a entity identified as the subject, be opened may request that the Attorney General seek lottery is required to support the issuance of before a subpoena is requested; enforcement of the subpoena in the district an order under this section. ‘‘(ii) appropriate supervisory and legal re- court of the United States for any judicial ‘‘(b) If any order is issued under subsection view of a subpoena request be performed; and district in which such person resides, is (a) and the proceedings under section 3005 ‘‘(iii) delegation of subpoena approval au- found, or transacts business, and serve upon are concluded with the issuance of an order thority be limited to the Postal Service’s such person a petition for an order of such under that section, any judicial review of the General Counsel or a Deputy General Coun- court for the enforcement of this section. matter shall be in the district in which the sel. ‘‘(2) JURISDICTION.—Whenever any petition order under subsection (a) was issued.’’. ‘‘(2) STATUTORY PROCEEDINGS.—In any stat- is filed in any district court of the United (b) REPEAL.— utory proceeding conducted under section States under this section, such court shall (1) IN GENERAL.—Section 3006 of title 39, 3005(a), the Judicial Officer may require by have jurisdiction to hear and determine the United States Code, and the item relating to subpoena the attendance and testimony of matter so presented, and to enter such order such section in the table of sections for chap- witnesses and the production of any records or orders as may be required to carry into ef- ter 30 of such title are repealed. (including books, papers, documents, and fect the provisions of this section. Any final (2) CONFORMING AMENDMENTS.—(A) Section other tangible things which constitute or order entered shall be subject to appeal 3005(c) of title 39, United States Code, is contain evidence) which the Judicial Officer under section 1291 of title 28, United States amended by striking ‘‘section and section considers relevant or material to such pro- Code. Any disobedience of any final order en- 3006 of this title,’’ and inserting ‘‘section,’’. ceeding. tered under this section by any court may be (B) Section 3011(e) of title 39, United States ‘‘(3) RULE OF CONSTRUCTION.—Nothing in punished as contempt. Code, is amended by striking ‘‘3006, 3007,’’ paragraph (2) shall be considered to apply in ‘‘(d) DISCLOSURE.—Any documentary mate- and inserting ‘‘3007’’. any circumstance to which paragraph (1) ap- rial provided pursuant to any subpoena plies. SEC. 106. CIVIL PENALTIES AND COSTS. issued under this section shall be exempt ‘‘(b) SERVICE.— from disclosure under section 552 of title 5, Section 3012 of title 39, United States Code, ‘‘(1) SERVICE WITHIN THE UNITED STATES.—A is amended— United States Code.’’. subpoena issued under this section may be (b) REGULATIONS.—Not later than 120 days (1) in subsection (a) by striking ‘‘$10,000 for served by a person designated under section after the date of the enactment of this sec- each day that such person engages in con- 3061 of title 18 at any place within the terri- tion, the Postal Service shall promulgate duct described by paragraph (1), (2), or (3) of torial jurisdiction of any court of the United regulations setting out the procedures the this subsection.’’ and inserting ‘‘$50,000 for States. Postal Service will use to implement the each mailing of less than 50,000 pieces; ‘‘(2) FOREIGN SERVICE.—Any such subpoena amendment made by subsection (a). $100,000 for each mailing of 50,000 to 100,000 may be served upon any person who is not to (c) SEMIANNUAL REPORTS.—Section 3013 of pieces; with an additional $10,000 for each ad- be found within the territorial jurisdiction of title 39, United States Code, is amended by ditional 10,000 pieces above 100,000, not to ex- any court of the United States, in such man- striking ‘‘and’’ at the end of paragraph (4), ceed $2,000,000.’’; ner as the Federal Rules of Civil Procedure by redesignating paragraph (5) as paragraph (2) in paragraphs (1) and (2) of subsection prescribe for service in a foreign country. To (6), and by inserting after paragraph (4) the (b) by inserting after ‘‘of subsection (a)’’ the the extent that the courts of the United following: following: ‘‘, (c), or (d)’’; States may assert jurisdiction over such per- ‘‘(5) the number of cases in which the au- (3) by redesignating subsections (c) and (d), son consistent with due process, the United thority described in section 3016 was used, as subsections (e) and (f), respectively; and States District Court for the District of Co- and a comprehensive statement describing (4) by inserting after subsection (b) the fol- lumbia shall have the same jurisdiction to how that authority was used in each of those lowing: take any action respecting compliance with cases; and’’. ‘‘(c)(1) In any proceeding in which the this section by such person that such court (d) TECHNICAL AND CONFORMING AMEND- Postal Service may issue an order under sec- would have if such person were personally MENT.—The table of sections for chapter 30 of tion 3005(a), the Postal Service may in lieu of within the jurisdiction of such court. title 39, United States Code, is amended by ‘‘(3) SERVICE ON BUSINESS PERSONS.—Serv- that order or as part of that order assess adding at the end the following: civil penalties in an amount not to exceed ice of any such subpoena may be made upon $25,000 for each mailing of less than 50,000 a partnership, corporation, association, or ‘‘3016. Administrative subpoenas.’’. pieces; $50,000 for each mailing of 50,000 to other legal entity by— SEC. 108. REQUIREMENTS OF PROMOTERS OF 100,000 pieces; with an additional $5,000 for ‘‘(A) delivering a duly executed copy there- SKILL CONTESTS OR SWEEPSTAKES MAILINGS. each additional 10,000 pieces above 100,000, of to any partner, executive officer, man- (a) IN GENERAL.—Chapter 30 of title 39, not to exceed $1,000,000. aging agent, or general agent thereof, or to United States Code (as amended by section ‘‘(2) In any proceeding in which the Postal any agent thereof authorized by appoint- 107) is amended by adding after section 3016 Service assesses penalties under this sub- ment or by law to receive service of process the following: section the Postal Service shall determine on behalf of such partnership, corporation, the civil penalty taking into account the na- association, or entity; ‘‘§ 3017. Nonmailable skill contests or sweep- ture, circumstances, extent, and gravity of ‘‘(B) delivering a duly executed copy there- stakes matter; notification to prohibit mail- the violation or violations of section 3005(a), of to the principal office or place of business ings and with respect to the violator, the ability of the partnership, corporation, association, ‘‘(a) DEFINITIONS.—In this section— to pay the penalty, the effect of the penalty or entity; or ‘‘(1) the term ‘promoter’ means any person on the ability of the violator to conduct law- ‘‘(C) depositing such copy in the United who— ful business, any history of prior violations States mails, by registered or certified mail, ‘‘(A) originates and mails any skill contest of such section, the degree of culpability and return receipt requested, duly addressed to or sweepstakes, except for any matter de- other such matters as justice may require. such partnership, corporation, association, scribed in section 3001(k)(4); or ‘‘(d) Any person who violates section 3001(l) or entity at its principal office or place of ‘‘(B) originates and causes to be mailed shall be liable to the United States for a civil business. any skill contest or sweepstakes, except for penalty not to exceed $10,000 for each mail- ‘‘(4) SERVICE ON NATURAL PERSONS.—Serv- any matter described in section 3001(k)(4); ing to an individual.’’. ice of any subpoena may be made upon any ‘‘(2) the term ‘removal request’ means a re- SEC. 107. ADMINISTRATIVE SUBPOENAS. natural person by— quest stating that an individual elects to ‘‘(A) delivering a duly executed copy to the have the name and address of such individual (a) IN GENERAL.—Chapter 30 of title 39, United States Code, is amended by adding at person to be served; or excluded from any list used by a promoter the end the following: ‘‘(B) depositing such copy in the United for mailing skill contests or sweepstakes; States mails, by registered or certified mail, ‘‘(3) the terms ‘skill contest’, ‘sweep- ‘‘§ 3016. Administrative subpoenas return receipt requested, duly addressed to stakes’, and ‘clearly and conspicuously dis- ‘‘(a) SUBPOENA AUTHORITY.— such person at his residence or principal of- played’ have the same meanings as given ‘‘(1) INVESTIGATIONS.— fice or place of business. them in section 3001(k); and ‘‘(A) IN GENERAL.—In any investigation ‘‘(5) VERIFIED RETURN.—A verified return ‘‘(4) the term ‘duly authorized person’, as conducted under section 3005(a), the Post- by the individual serving any such subpoena used in connection with an individual, means master General may require by subpoena the setting forth the manner of such service a conservator or guardian of, or person production of any records (including books, shall be proof of such service. In the case of granted power of attorney by, such indi- papers, documents, and other tangible things service by registered or certified mail, such vidual. which constitute or contain evidence) which return shall be accompanied by the return ‘‘(b) NONMAILABLE MATTER.— the Postmaster General considers relevant post office receipt of delivery of such sub- ‘‘(1) IN GENERAL.—Matter otherwise legally or material to such investigation. poena. acceptable in the mails described in para- ‘‘(B) CONDITION.—No subpoena shall be ‘‘(c) ENFORCEMENT.— graph (2)— issued under this paragraph except in accord- ‘‘(1) IN GENERAL.—Whenever any person, ‘‘(A) is nonmailable matter; ance with procedures, established by the partnership, corporation, association, or en- ‘‘(B) shall not be carried or delivered by Postal Service, requiring that— tity fails to comply with any subpoena duly mail; and

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‘‘(C) shall be disposed of as the Postal ‘‘(2) ACTION ALLOWABLE BASED ON OTHER Code, is amended by striking ‘‘1714,’’ and Service directs. SUFFICIENT NOTICE.—A mailing sent in viola- ‘‘1718,’’. ‘‘(2) NONMAILABLE MATTER DESCRIBED.— tion of section 3001(l) shall be actionable (b) CONFORMANCE WITH INSPECTOR GENERAL Matter described in this paragraph is any under this subsection, but only if such an ac- ACT OF 1978.— matter that— tion would not also be available under para- (1) IN GENERAL.—Section 3013 of title 39, ‘‘(A) is a skill contest or sweepstakes, ex- graph (1) (as a violation of subsection (d)) United States Code, is amended— cept for any matter described in section based on the same mailing. (A) by striking ‘‘Board’’ each place it ap- 3001(k)(4); and ‘‘(f) PROMOTER NONLIABILITY.—A promoter pears and inserting ‘‘Inspector General’’; ‘‘(B)(i) is addressed to an individual who shall not be subject to civil liability for the (B) in the third sentence by striking ‘‘Each made an election to be excluded from lists exclusion of an individual’s name or address such report shall be submitted within sixty under subsection (d); or from any list maintained by that promoter days after the close of the reporting period ‘‘(ii) does not comply with subsection for mailing skill contests or sweepstakes, involved’’ and inserting ‘‘Each such report (c)(1). if— shall be submitted within 1 month (or such ‘‘(c) REQUIREMENTS OF PROMOTERS.— ‘‘(1) a removal request is received by the shorter length of time as the Inspector Gen- ‘‘(1) NOTICE TO INDIVIDUALS.—Any promoter promoter’s notification system; and eral may specify) after the close of the re- who mails a skill contest or sweepstakes ‘‘(2) the promoter has a good faith belief porting period involved’’; and shall provide with each mailing a statement that the request is from— (C) by striking the last sentence and in- that— ‘‘(A) the individual whose name and ad- serting the following: ‘‘(A) is clearly and conspicuously dis- dress is to be excluded; or ‘‘The information in a report submitted played; ‘‘(B) another duly authorized person. under this section to the Inspector General ‘‘(B) includes the address or toll-free tele- ‘‘(g) PROHIBITION ON COMMERCIAL USE OF with respect to a reporting period shall be phone number of the notification system es- LISTS.— included as part of the semiannual report tablished under paragraph (2); and ‘‘(1) IN GENERAL.— prepared by the Inspector General under sec- ‘‘(C) states that the notification system ‘‘(A) PROHIBITION.—No person may provide tion 5 of the Inspector General Act of 1978 for may be used to prohibit the mailing of all any information (including the sale or rental the same reporting period. Nothing in this skill contests or sweepstakes by that proof any name or address) derived from a list section shall be considered to permit or re- moter to such individual. described in subparagraph (B) to another per- quire that any report by the Postmaster ‘‘(2) NOTIFICATION SYSTEM.—Any promoter son for commercial use. General under this section include any infor- that mails or causes to be mailed a skill con- ‘‘(B) LISTS.—A list referred to under sub- mation relating to activities of the Inspector test or sweepstakes shall establish and main- paragraph (A) is any list of names and ad- General.’’. tain a notification system that provides for dresses (or other related information) com- (2) EFFECTIVE DATE.—This subsection shall any individual (or other duly authorized per- piled from individuals who exercise an elec- take effect on the date of the enactment of son) to notify the system of the individual’s tion under subsection (d). this Act, and the amendments made by this election to have the name and address of the ‘‘(2) CIVIL PENALTY.—Any person who vio- subsection shall apply with respect to semi- individual excluded from all lists of names lates paragraph (1) shall be assessed a civil annual reporting periods beginning on or and addresses used by that promoter to mail penalty by the Postal Service not to exceed after such date of enactment. any skill contest or sweepstakes. $2,000,000 per violation. (3) SAVINGS PROVISION.—For purposes of ‘‘(d) ELECTION TO BE EXCLUDED FROM ‘‘(h) CIVIL PENALTIES.— LISTS.— any semiannual reporting period preceding ‘‘(1) IN GENERAL.—Any promoter— the first semiannual reporting period re- ‘‘(1) IN GENERAL.—An individual (or other ‘‘(A) who recklessly mails nonmailable duly authorized person) may elect to exclude ferred to in paragraph (2), the provisions of matter in violation of subsection (b) shall be title 39, United States Code, shall continue the name and address of that individual from liable to the United States in an amount of all lists of names and addresses used by a to apply as if the amendments made by this $10,000 per violation for each mailing to an subsection had not been enacted. promoter of skill contests or sweepstakes by individual of nonmailable matter; or submitting a removal request to the notifi- ‘‘(B) who fails to comply with the require- SEC. 111. EFFECTIVE DATE. cation system established under subsection ments of subsection (c)(2) shall be liable to Except as provided in section 108 or 110(b), (c). the United States. this title shall take effect 120 days after the ‘‘(2) RESPONSE AFTER SUBMITTING REMOVAL ‘‘(2) ENFORCEMENT.—The Postal Service date of the enactment of this Act. REQUEST TO THE NOTIFICATION SYSTEM.—Not shall, in accordance with the same proce- TITLE II—FEDERAL RESERVE BOARD later than 60 calendar days after a promoter dures as set forth in section 3012(b), provide RETIREMENT PORTABILITY receives a removal request pursuant to an for the assessment of civil penalties under SEC. 201. SHORT TITLE. election under paragraph (1), the promoter this section.’’. This title may be cited as the ‘‘Federal Re- shall exclude the individual’s name and ad- ECHNICAL AND CONFORMING AMEND- (b) T serve Board Retirement Portability Act’’. dress from all lists of names and addresses MENTS.—The table of sections for chapter 30 used by that promoter to select recipients of title 39, United States Code, is amended by SEC. 202. PORTABILITY OF SERVICE CREDIT. for any skill contest or sweepstakes. adding after the item relating to section 3016 (a) CREDITABLE SERVICE.— ‘‘(3) EFFECTIVENESS OF ELECTION.—An elec- the following: (1) IN GENERAL.—Section 8411(b) of title 5, tion under paragraph (1) shall remain in ef- ‘‘3017. Nonmailable skill contests or sweep- United States Code, is amended— fect, unless an individual (or other duly au- stakes matter; notification to (A) by striking ‘‘and’’ at the end of para- thorized person) notifies the promoter in prohibit mailings.’’. graph (3); writing that such individual— (c) EFFECTIVE DATE.—This section shall (B) in paragraph (4)— ‘‘(A) has changed the election; and take effect 1 year after the date of the enact- (i) by striking ‘‘of the preceding provi- ‘‘(B) elects to receive skill contest or ment of this Act. sions’’ and inserting ‘‘other paragraph’’; and sweepstakes mailings from that promoter. SEC. 109. STATE LAW NOT PREEMPTED. (ii) by striking the period at the end and ‘‘(e) PRIVATE RIGHT OF ACTION.— (a) IN GENERAL.—Nothing in the provisions inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—An individual who re- of this title (including the amendments (C) by adding at the end the following: ceives one or more mailings in violation of made by this title) or in the regulations pro- ‘‘(5) a period of service (other than any subsection (d) may, if otherwise permitted mulgated under such provisions shall be con- service under any other paragraph of this by the laws or rules of court of a State, bring strued to preempt any provision of State or subsection, any military service, and any in an appropriate court of that State— local law that imposes more restrictive re- service performed in the employ of a Federal ‘‘(A) an action to enjoin such violation; quirements, regulations, damages, costs, or Reserve Bank) that was creditable under the ‘‘(B) an action to recover for actual mone- penalties. No determination by the Postal Bank Plan (as defined in subsection (i)), if tary loss from such a violation, or to receive Service that any particular piece of mail or the employee waives credit for such service $500 in damages for each such violation, class of mail is in compliance with such pro- under the Bank Plan and makes a payment whichever is greater; or visions of this title shall be construed to pre- to the Fund equal to the amount that would ‘‘(C) both such actions. empt any provision of State or local law. have been deducted from pay under section It shall be an affirmative defense in any ac- (b) EFFECT ON STATE COURT PROCEEDINGS.— 8422(a) had the employee been subject to this tion brought under this subsection that the Nothing contained in this section shall be chapter during such period of service (to- defendant has established and implemented, construed to prohibit an authorized State of- gether with interest on such amount com- with due care, reasonable practices and pro- ficial from proceeding in State court on the puted under paragraphs (2) and (3) of section cedures to effectively prevent mailings in basis of an alleged violation of any general 8334(e)). violation of subsection (d). If the court finds civil or criminal statute of such State or any Paragraph (5) shall not apply in the case of that the defendant willfully or knowingly specific civil or criminal statute of such any employee as to whom subsection (g) (or, violated subsection (d), the court may, in its State. to the extent subchapter III of chapter 83 is discretion, increase the amount of the award SEC. 110. TECHNICAL AND CONFORMING AMEND- involved, section 8332(n)) otherwise applies.’’. to an amount equal to not more than 3 times MENTS. (2) BANK PLAN DEFINED.—Section 8411 of the amount available under subparagraph (a) REFERENCES TO REPEALED PROVISIONS.— title 5, United States Code, is amended by (B). Section 3001(a) of title 39, United States adding at the end the following:

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.126 pfrm02 PsN: H09PT1 H11822 CONGRESSIONAL RECORD — HOUSE November 9, 1999

‘‘(i) For purposes of subsection (b)(5), the ploy of a Federal Reserve Bank) creditable (2) CLERICAL AMENDMENT.—The table of term ‘Bank Plan’ means the benefit struc- under the benefit structure for employees of sections for chapter 84 of title 5, United ture in which employees of the Board of Gov- the Board of Governors of the Federal Re- States Code, is amended by inserting before ernors of the Federal Reserve System ap- serve System appointed before January 1, the item relating to section 8432 the fol- pointed on or after January 1, 1984, partici- 1984, that is a component of the Retirement lowing: pate, which benefit structure is a component Plan for Employees of the Federal Reserve ‘‘8431. Certain transfers to be treated as a of the Retirement Plan for Employees of the System, established under section 10 of the separation.’’. Federal Reserve System, established under Federal Reserve Act; (b) CONFORMING AMENDMENTS.—Subsection section 10 of the Federal Reserve Act (and (2) was subsequently employed subject to (b) of section 8351 of title 5, United States any redesignated or successor version of such the benefit structure in which employees of Code, is amended by redesignating paragraph benefit structure, if so identified in writing the Board of Governors of the Federal Re- (11) as paragraph (8), and by adding at the by the Board of Governors of the Federal Re- serve System appointed on or after January end the following: serve System for purposes of this chapter).’’. 1, 1984, participate, which benefit structure ‘‘(9) For the purpose of this section, separa- (b) EXCLUSION FROM CHAPTER 84.— is a component of the Retirement Plan for tion from Government employment includes (1) IN GENERAL.—Paragraph (2) of section Employees of the Federal Reserve System, a transfer described in section 8431.’’. 8402(b) of title 5, United States Code, is established under section 10 of the Federal (c) EFFECTIVE DATE.—The amendments amended by striking the matter before sub- Reserve Act (and any redesignated or suc- made by this section shall apply with respect paragraph (B) and inserting the following: cessor version of such benefit structure, if so to transfers occurring before, on, or after the ‘‘(2)(A) any employee or Member who has identified in writing by the Board of Gov- date of enactment of this Act, except that, separated from the service after— ernors of the Federal Reserve System for for purposes of applying such amendments ‘‘(i) having been subject to— purposes of chapter 84 of title 5, United with respect to any transfer occurring before ‘‘(I) subchapter III of chapter 83 of this States Code); and such date of enactment, the date of such title; (3) after service described in paragraph (2), transfer shall be considered to be the date of ‘‘(II) subchapter I of chapter 8 of title I of becomes subject to and thereafter entitled to enactment of this Act. The Executive Direc- the Foreign Service Act of 1980; or benefits under chapter 84 of title 5, United tor (within the meaning of section 8401(13) of ‘‘(III) the benefit structure for employees States Code, title 5, United States Code) may prescribe of the Board of Governors of the Federal Re- shall, for purposes of section 302 of the Fed- any regulations necessary to carry out this serve System appointed before January 1, eral Employees’ Retirement System Act of subsection. 1984, that is a component of the Retirement 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be con- SEC. 204. CLARIFYING AMENDMENTS. Plan for Employees of the Federal Reserve sidered to have become subject to chapter 84 System, established under section 10 of the (a) IN GENERAL.—Subsection (f) of section of title 5, United States Code, pursuant to an 3304 of title 5, United States Code, as added Federal Reserve Act; and election under section 301 of such Act. ‘‘(ii) having completed— by section 2 of Public Law 105–339, is (d) EFFECTIVE DATE.— ‘‘(I) at least 5 years of civilian service cred- amended— (1) IN GENERAL.—Subject to succeeding pro- itable under subchapter III of chapter 83 of (1) by striking paragraph (4); visions of this subsection, this section and (2) by redesignating paragraphs (2) and (3) this title; the amendments made by this section shall ‘‘(II) at least 5 years of civilian service as paragraphs (3) and (4), respectively; and take effect on the date of enactment of this (3) by inserting after paragraph (1) the fol- creditable under subchapter I of chapter 8 of Act. title I of the Foreign Service Act of 1980; or lowing: (2) PROVISIONS RELATING TO CREDITABILITY ‘‘(III) at least 5 years of civilian service ‘‘(2) If selected, a preference eligible or vet- AND CERTAIN FORMER EMPLOYEES.—The eran described in paragraph (1) shall acquire (other than any service performed in the em- amendments made by subsection (a) and the ploy of a Federal Reserve Bank) creditable competitive status and shall receive a career provisions of subsection (c) shall apply only or career-conditional appointment, as appro- under the benefit structure for employees of to individuals who separate from service sub- the Board of Governors of the Federal Re- priate.’’. ject to chapter 84 of title 5, United States (b) EFFECTIVE DATE.—The amendments serve System appointed before January 1, Code, on or after the date of enactment of made by subsection (a) shall take effect as if 1984, that is a component of the Retirement this Act. enacted on October 31, 1998. Plan for Employees of the Federal Reserve (3) PROVISIONS RELATING TO EXCLUSION System, established under section 10 of the TITLE III—AMENDMENT TO THE FEDERAL FROM CHAPTER.—The amendments made by Federal Reserve Act, PROPERTY AND ADMINISTRATIVE SERV- subsection (b) shall not apply to any former ICES ACT OF 1949. determined without regard to any deposit or employee of the Board of Governors of the redeposit requirement under either such sub- Federal Reserve System who, subsequent to SEC. 301. TRANSFER OF CERTAIN PROPERTY TO chapter or under such benefit structure, or STATE AND LOCAL GOVERNMENTS. his or her last period of service as an em- Section 203(p)(1)(B)(ii) of the Federal Prop- any requirement that the individual become ployee of the Board of Governors of the Fed- subject to either such subchapter or to such erty and Administrative Services Act of 1949 eral Reserve System and prior to the date of (40 U.S.C. 484(p)(1)(B)(ii)) is amended by benefit structure after performing the serv- enactment of this Act, became subject to ice involved; or’’. striking ‘‘December 31, 1999.’’ and inserting subchapter III of chapter 83 or chapter 84 of ‘‘July 31, 2000. During the period beginning (2) EXCEPTION.—Subsection (d) of section title 5, United States Code, under the law in 8402 of title 5, United States Code, is amend- January 1, 2000, and ending July 31, 2000, the effect at the time of the individual’s appoint- Administrator may not convey any property ed to read as follows: ment. ‘‘(d) Paragraph (2) of subsection (b) shall under subparagraph (A), but may accept, not apply to an individual who— SEC. 203. CERTAIN TRANSFERS TO BE TREATED consider, and approve applications for trans- ‘‘(1) becomes subject to— AS A SEPARATION FROM SERVICE fer of property under that subparagraph.’’. FOR PURPOSES OF THE THRIFT SAV- ‘‘(A) subchapter II of chapter 8 of title I of INGS PLAN. The SPEAKER pro tempore. Pursu- the Foreign Service Act of 1980 (relating to (a) AMENDMENTS TO CHAPTER 84 OF TITLE 5, ant to the rule, the gentleman from the Foreign Service Pension System) pursu- UNITED STATES CODE.— New York (Mr. MCHUGH) and the gen- ant to an election; or (1) IN GENERAL.—Subchapter III of chapter tleman from Pennsylvania (Mr. ‘‘(B) the benefit structure in which em- 84 of title 5, United States Code, is amended ployees of the Board of Governors of the Fed- FATTAH) each will control 20 minutes. by inserting before section 8432 the fol- The Chair recognizes the gentleman eral Reserve System appointed on or after lowing: January 1, 1984, participate, which benefit from New York (Mr. MCHUGH). structure is a component of the Retirement ‘‘§ 8431. Certain transfers to be treated as a Mr. MCHUGH. Mr. Speaker, I yield Plan for Employees of the Federal Reserve separation myself such time as I may consume. System, established under section 10 of the ‘‘(a) For purposes of this subchapter, sepa- I am pleased to bring forward S. 335 Federal Reserve Act (and any redesignated ration from Government employment in- with the provisions of the House-passed cludes a transfer from a position that is sub- or successor version of such benefit struc- Deceptive Sweepstakes Mailing Bill, ture, if so identified in writing by the Board ject to one of the retirement systems de- of Governors of the Federal Reserve System scribed in subsection (b) to a position that is H.R. 170, and would like to begin by for purposes of this chapter); and not subject to any of them. taking the opportunity to thank all of ‘‘(2) subsequently enters a position in ‘‘(b) The retirement systems described in the members of the Subcommittee on which, but for paragraph (2) of subsection this subsection are— the Postal Service for their continued (b), such individual would be subject to this ‘‘(1) the retirement system under this interest, for the effort they showed in chapter.’’. chapter; moving this important legislation, and (c) PROVISIONS RELATING TO CERTAIN ‘‘(2) the retirement system under sub- a particular tip-of-the-hat to the gen- FORMER EMPLOYEES.—A former employee of chapter III of chapter 83; and the Board of Governors of the Federal Re- ‘‘(3) any other retirement system under tleman from the great State of Penn- serve System who— which individuals may contribute to the sylvania (Mr. FATTAH), our ranking (1) has at least 5 years of civilian service Thrift Savings Fund through withholdings member, for his input and for his great (other than any service performed in the em- from pay.’’. assistance in making this legislation

VerDate 29-OCT-99 06:12 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.126 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11823 stronger and of wider appeal to those ment, however, the bill was amended to Beyond the efforts that I mentioned who are affected by its provisions. I include a December 31, 1999 sunset date of the ranking member and others on firmly believe today, Mr. Speaker, by for these new public purpose cat- the committee, I certainly want to ex- taking this action, we help to ensure egories. tend a particular thanks to the gen- the enactment of this important legis- There are currently more than 22 tleman from New Jersey (Mr. lation in this year. pending State and local government LOBIONDO), who really brought this On behalf of the gentleman from In- applications for these purposes nation- House’s attention to this issue last diana (Mr. BURTON), our full committee wide. These new conveyance categories year when he began formulating a re- chairman, I must also note that this have been invaluable for local govern- sponse. We also owe great thanks to bill, S. 335, includes provisions that it ments, for enhancing their law enforce- others, including the gentleman from is my understanding the other body has ment and fire and rescue training ef- California (Mr. ROGAN); the gentleman agreed to include. Incorporated in the forts. These new authorities have al- from Florida (Mr. MCCOLLUM); and of bill is H.R. 807, which passed the House lowed for an excellent reuse of surplus course the language in this bill is under suspension of the rules by voice Federal property that would be lost, at based, in large measure, upon Senator vote on March 16 of this year after least in the main, if we do not take SUSAN COLLINS’s comprehensive bipar- being introduced on February 23 by the some step at this point to extend the tisan sweepstakes mailing legislation gentleman from Florida (Mr. SCAR- current opportunity for the Federal au- which passed the other body by a 93-to- BOROUGH), our Subcommittee on Civil thorities to go forward. 0 vote. Service chairman, with eight original Accordingly, H.R. 3187 provides that So, Mr. Speaker, as my colleagues cosponsors including, I might add, the during the extension the General Serv- can see, we have drawn from many gentleman from California (Mr. WAX- ices Administration, while not being sources here to craft what I believe is MAN), our full committee’s ranking able to actually convey surplus Federal not just a reasonably balanced, but a member. property at no cost for law enforce- tremendously effective and most need- Very briefly, Mr. Speaker, H.R. 807, ment and emergency response pur- ed piece of legislation. I urge its imme- included as Title II of S. 335, provides poses, would, however, retain under the diate and overwhelming approval. retirement portability for certain Fed- GSA at least the ability to consider Mr. Speaker, I reserve the balance of eral Reserve Board employees who take and approve the applications for trans- my time. jobs in the executive branch. It would fer during this extension. Mr. FATTAH. Mr. Speaker, I yield allow those employees who participate Additionally, prior to December 31, myself such time as I may consume. in the board’s FERS-like retirement the GSA can convey surplus property I rise in support of Senate bill 335, plan to obtain FERS credit for their at no cost for law enforcement and the Deceptive Mail Prevention and En- Federal Reserve years when they trans- emergency response purposes to quali- forcement Act. As has been mentioned fer to another Federal agency. The fying State and local governments, and by my colleague and the majority Federal Reserve already provides such as such this extension represents an chairman from the great State of New reciprocity for employees who transfer important sense of relief to those local York, a number of other provisions to Federal Reserves from other Federal governments that have acted in good have been added to this bill. H.R. 807, agencies. Without this correction, faith and stand to lose the receipt of which would respond I think appro- former board employees would, I think Federal surplus properties at no cost priately to some adjustments needed unfairly, receive smaller annuities absent our action. and retirement opportunities for Fed- upon retirement than they otherwise In regard to the underlying bill, S. eral Reserve Board employees, and would and otherwise should. 335 itself, Mr. Speaker, the House has H.R. 3187, having to do with the dis- This title will also correct an in- already discussed and debated this position of surplus Federal property. equity in current law that prevents measure extensively on November 2 I would note that under the disposi- certain Federal Reserve employees when we passed it under suspension of tion of Federal property bill, that no from withdrawing their funds from the the rules by a voice vote. I do not want property will be able to be disposed of, Thrift Savings Plan accounts. Finally, to reiterate all of the comments made but that this extension will allow a one section in this title is critically then, as important as they were, but continuation of applications and appro- important to the men and women who let me say just briefly, with the au- priate consideration by the GSA of pro- have served our Nation in the Armed thorization that we are about to extend posals by local governments and non- Services. It clarifies the Veterans Em- once more on this House floor, this profits for usage of those Federal prop- ployment Opportunities Act of 1988 to body stands to take a great step to- erties. ensure that veterans will receive the wards protecting those vulnerable, par- I would like to say that I think that benefits that Congress intended when ticularly our senior citizens, who have on the primary bill, the sweepstakes it passed that act last year. been preyed upon far too often by un- bill, that we have done a very good job, Mr. Speaker, H.R. 3187, also included scrupulous sweepstakes mailers. and I would like to compliment the in this new presentation, represents a Those individuals, as few as they work of the gentleman from California bill introduced by the gentleman from may be, who have come where the laws (Mr. CONDIT) on my side of the aisle California (Mr. CALVERT) which would are apparently insufficient and have who was also a prime sponsor, cospon- amend the 1949 Federal Property and used deceptive practices to prey upon sor of the original legislation. I think Administrative Services Act to con- generally the elderly, but in other that this bill as presented now and as tinue the authority allowing no-cost measures certainly the infirm, those agreed to by the Senate appropriately conveyances of surplus Federal prop- who are most vulnerable, as I said, and addresses the need for curtailment of erty to State and local governments in many cases, bilking them out of some of the excesses that we have seen for law enforcement and emergency re- thousands, sometimes tens and even in terms of sweepstakes mailings. sponse purposes. hundreds of thousands of dollars of I am particularly pleased that adopt- Under the Federal Property Act, hard-earned money and their life saved and embraced in this bill is my State and local governments or eligible ings. amendment that will provide a private nonprofit entities can obtain surplus Today, this House can make again right of action for individuals in rela- property at no cost for several author- the statement that this Congress will tionship to abuses that they face. ized public purpose programs. These not abide by that kind of activity and Again, I am pleased that the com- programs include education, public we will enact those laws necessary to mittee found it appropriate, the con- health, correctional facilities and pub- ensure that future sweepstakes pro- ference committee, to endorse and em- lic airports. A bill that became law in posals are done under the guise of full brace the amendment that I offered the 105th Congress introduced by the disclosure, that deceptive practices, that would allow a private right of ac- gentleman from California (Mr. CAL- that misleading claims, that facsimile tion to individual citizens who want to VERT) added law enforcement and presentations so that checks are made seek redress for excesses that we all emergency management response pur- to look like actual government docu- have found all too common through poses to this list. Prior to its enact- ments, can no longer be continued. parts of this industry.

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.202 pfrm02 PsN: H09PT1 H11824 CONGRESSIONAL RECORD — HOUSE November 9, 1999 So I rise in support of S. 335. I would H.R. 807 ways, and wildlife conservation. H.R. 3187 hope that the House would adopt it. I H.R. 807, the Federal Reserve Board Re- would establish a temporary public benefit think it is appropriate, and moderate tirement Portability Act was introduced by conveyance for law enforcement and emer- in its approaches, but I think it will Congressman SCARBOROUGH, Chairman of the gency services training. get the job done. I do want to thank Subcommittee on Civil Service. It is cospon- Current authority expires by December 31, the majority Chairman, because I sored by the Ranking Minority Member of that 1999, the sunset date for transfers of surplus think he has helped guide this legisla- subcommittee, Congressman CUMMINGS and federal property to state and local government tion through, and on this evening we the Ranking full committee member, Con- at substantial discounts for law enforcement or are going to see the result of his hard gressman WAXMAN. It was passed unani- emergency management response purposes. work. mously by the House on August 2, 1999. Under H.R. 3187, the sunset date would be Mr. Speaker, as the Ranking Minority mem- The legislation would amend title 5, of the extended to July 31, 2000. While, no prop- ber of the Subcommittee on the Postal Serv- U.S. code pertaining to government organiza- erties can be conveyed under this authority, ice, I am pleased to join Chairman MCHUGH in tion and employees, to provide portability of the GSA can accept, consider, and approve the consideration of S. 335, the Deceptive service credit for persons who leave employ- applications for transfer. Mail Prevention and Enforcement Act. In addi- ment with the Federal Reserve Board to take Currently, at least 22 jurisdictions around tion, I support the consideration of this meas- positions with other Government agencies. the country have submitted applications to ac- ure amended, with the text of the following Currently, if an employee of the Federal Re- quire surplus federal property for law enforce- three bills: serve Board leaves to work for another federal ment or emergency response purposes. At H.R. 170, the Deceptive Mail Prevention agency, the employee is required to join the least three of these jurisdictions have success- and Enforcement Act of 1999, as passed by Federal Employees Retirement System fully acquired the surplus property for law en- the House by voice vote on November 2, (FERS). Under the current FERS statute, time forcement and emergency response. The cur- 1999; spent working at the Board after 1988, does rent expiration date for this program would H.R. 807, the Federal Reserve Board Re- not count as ``creditable service'' towards a jeopardize existing applications, as well as the tirement Portability Act, as passed by the FERS annuity. As a result, these employees filing of new ones. House by voice vote on March 16, 1999, and will receive smaller pensions upon retirement. I am pleased that the House is moving this H.R. 3187, legislation amending the Federal H.R. 807 will correct this problem and also important measure, S 335, as amended and I Property and Administrative Services Act of allow current and future Federal employees urge all my colleagues to vote in support of 1949 to temporarily continue authority relating who transfer to the Board, to transfer the the bill. to transfers of certain surplus property to State funds from their FERS Thrift Savings Accounts Mr. Speaker, I reserve the balance of and local governments for law enforcement (TSP) to the Federal Reserve Thrift Savings my time. and emergency response purposes. Plan. Mr. MCHUGH. Mr. Speaker, I yield H.R. 170, was introduced on January 6, In addition, H.R. 807 contains clarifying lan- myself 15 seconds to just briefly re- 1999, by Congressmen LOBIONDO and guage ensuring that America's veterans are spond to the gracious comments of the CONDIT, and reported on October 28, 1999, hired as Career Status appointees. Appar- ranking member by saying, as he noted from the Government Reform Committee, and ently, the Office of Personnel Management and as I want very much to make clear, passed unanimously by the House on Novem- (OPM) interpreted the Veterans' Employment his input and constructive suggestions ber 2, 1999. Opportunities Act of 1998, to mean that vet- were very important to making this, I While closely mirroring the sweepstakes lan- erans could be hired for a Federal job as think, a better bill than when we re- guage contained in S. 335, H.R. 170, adds Schedule B appointees, rather than as Career ceived it. two very important and critical consumer pro- Status appointees. Schedule B appointments Mr. Speaker, I am pleased and hon- tection provisions. First, although we provided are not afforded the same rights and privileges ored to yield 2 minutes to the gen- the Postal Service with subpoena authority to as Career Status employees. tleman from New Jersey (Mr. combat sweepstakes fraud, we have limited The Veterans' Employment Opportunities LOBIONDO), whose name I mentioned the scope of subpoena authority to only those Act improves the ability of veterans to com- just moments ago, and who is cer- provisions of law addressing deceptive mail- pete during the Federal hiring process and ex- tainly, from my perspective, the indi- ings, and required the Postal Service to de- tends veterans preference to all branches of vidual who first brought this situation velop procedures for the issuance of sub- the Federal government. Both the Senate and to light and, through his hard work, poenas. OPM have agreed that language was needed helped articulate a response to the Second, we have added language which I to clarify the original intent of Congress. problem for our attention. authored, establishing a private right of action H.R. 3187 (Mr. LOBIONDO asked and was given to sweepstakes legislation. The private right of H.R. 3187, which would amend the Federal permission to revise and extend his reaction would allow consumers to file suit in Property and Administrative Services Act of marks.) state court if a sweepstakes promoter con- 1949 to temporarily continue authority relating Mr. LOBIONDO. Mr. Speaker, I rise in tinues to send mailings despite having re- to transfers of certain surplus property to State very strong support of this legislation. quested removal from a mailer's list. This is an and local governments for law enforcement I most importantly want to thank all important enforcement tool particularly with re- and emergency response purposes, was intro- of my colleagues for joining in to rec- spect to the problem of unwanted mailings. I duced by Congressman CALVERT on Novem- ognize an issue that has impact on so am pleased to note that it is supported by the ber 1, 1999. many in our society that have been National Consumers League, the American The Federal Property Act is the basic law made vulnerable by dishonest mar- Association of Retired Persons and the Direct regarding the acquisition, utilization, and dis- keting practices. I want to especially Marketing Association. position of federal property. Under the Federal thank the gentleman from New York The issue of consumer protection, whether it Property Act, real property that is no longer (Mr. MCHUGH) for his leadership. The relates to telemarketing fraud or sweepstakes needed by a federal agency is reported to the hearing that we had earlier this year deception is receiving the attention it de- General Services Administration (GSA) as ex- really served to focus and highlight on serves. Just last week, the United States In- cess property. Excess property is screened for the problem. I want to thank the gen- spection Service joined key government and reuse by other federal agencies. If another tleman from Philadelphia (Mr. FATTAH) civic organizations at a national press con- federal agency determines that it can use the for his efforts, the gentleman from ference to launch the most ambitious fraud property, it is reused. If there is no other fed- California (Mr. CONDIT) for gaining so prevention initiative in history. On November eral use for the property, it becomes available many cosponsors on the other side, the 16, 1999, a jumbo postcard containing valu- for disposal as ``surplus'' real property. gentleman from California (Mr. WAX- able mail and telemarketing fraud prevention Under existing law, eligible state and local MAN), and of course the gentleman tips will be mailed to every home in America. government units and certain nonprofit institu- from Indiana (Mr. BURTON) for all of A portion of the card reads, ``Fraudulent Tele- tions may acquire surplus real property for his help in this area. marketers: They've got your number . . . now public benefit purposes at monetary discounts When I first went to senior centers they want your money!'' I am pleased my col- of up to 100%. Public benefit discount convey- and asked how many had received some leagues have recognized the importance of ance categories include public parks and of these mailings, it was unbelievable consumer protection and voted support a pri- recreation, historic monuments, public airports, the stories that took place, and each vate right of action! health, education, correctional facilities, high- one of our districts can have examples

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.204 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11825 of seniors who have fallen prey and un- where the gentlemen hold court that As we have heard today, this is a fortunately in many cases have lost are all retired and have their coffee good bill. It needs to be acted on now, their life savings to these unfortunate every morning. They told me, they so let us do that. marketing practices. said, ‘‘I buy this stuff,’’ and they Mr. MCHUGH. Mr. Speaker, I have no This bill will send a very strong mes- talked about a certain magazine, nine further requests for time, and I yield sage. We are acting for the people of of them sitting around the table. ‘‘We back the balance of my time. the United States of America who real- all bought this magazine popular in the The SPEAKER pro tempore (Mr. ly deserve our help, the seniors of Second World War. We paid it imme- WALDEN of Oregon). The question is on America. I thank everyone. diately.’’ the motion offered by the gentleman And then what happened? They kept b 1915 from New York (Mr. MCHUGH) that the billing them and billing them and bill- House suspend the rules and pass the Mr. FATTAH. Mr. Speaker, I yield 1 ing them, and they sent their canceled Senate bill, S. 335, as amended. minute to the gentleman from the check and nothing would happen. This The question was taken; and (two- great State of Maryland (Mr. CARDIN), is an outfit out of Florida, and one thirds having voted in favor thereof) who is a member of the Committee on time after another. the rules were suspended, and the Sen- Ways and Means and also is a better I started checking into it. I said, ate bill, as amended, was passed. golfer than me. well, I think you folks do not under- A motion to reconsider was laid on Mr. CARDIN. I am not sure about the stand it. I put one in, paid mine, and the table. last comment, Mr. Speaker, but let me immediately they billed me. I paid it, thank my friend, the gentleman from and I got billed five times in a row. I fi- f Pennsylvania, for his work on this leg- nally had to call them up to get them islation and all that is involved in off of it. I tried that a number of other GENERAL LEAVE bringing forward the sweepstake legis- places. I tried it with one on home re- Mr. MCHUGH. Mr. Speaker, I ask lation. pairs, and they billed me and billed me, unanimous consent that all Members I know in my district I have heard and finally turned it over to a collec- may have 5 legislative days within from many of my seniors who have tion agency. which to revise and extend their re- been victimized by believing that they Then I looked at my father-in-law marks on S. 335, as amended, the legis- have won a sweepstake, only to send who is 89 years old. I pay all his bills lation just passed. back information, and the only thing for him. He paid one bill 10 times be- The SPEAKER pro tempore. Is there that they found out is that it cost cause he did not realize he had been objection to the request of the gen- them money to buy magazine subscrip- billed all these times. I commend the tleman from New York? tions. They have spent thousands of gentleman for what he is doing. I would There was no objection. dollars in hopes of winning the sweep- point out, I think there is a predator billing problem going on in America stake that they never won. f The Attorney General in my State, right now. It has an a lot to do with Joe Curran, has documented many, these magazines and all this other par- aphernalia they sell through the mail. ANNOUNCEMENT BY THE SPEAKER many abuses by many, many sweep- PRO TEMPORE stake operators. This is true around There is no way on Earth these peo- the Nation. ple get a response. They send a letter, The SPEAKER pro tempore. Debate This is an important bill. I am glad a copy of their canceled check, and no- has concluded on all motions to sus- we are able to move it forward. It is body ever responds. There ought to be pend the rules. going to affect thousands of our con- a way, Mr. Speaker, and maybe it is to Pursuant to clause 8 of rule XX, the stituents in each one of our districts. the point that this organization called Chair will now put the question on Hopefully it is going to change the the U.S. House and Senate should do each motion to suspend the rules on practice of magazine owners or maga- something about it, to take care of the which further proceedings were post- zine companies in the way that they people who are getting bilked by these poned earlier today in the order in people. sell their subscriptions. They have to which that motion was entertained. I thank the gentleman, and I support be more direct with our constituents Votes will be taken in the following this legislation. I wanted to add that and let them know that they have not order: House Concurrent Resolution one further note. 223, by the yeas and nays; and the con- won a sweepstake. Mr. FATTAH. Mr. Speaker, I yield Mr. MCHUGH. Mr. Speaker, I yield 2 ference report on H.R. 1554, by the yeas myself such time as I may consume. and nays. minutes to the gentleman from Utah Mr. Speaker, in conclusion, I would The Chair will reduce to 5 minutes (Mr. HANSEN), a good friend of this bill like to say that the first amendment the time for any electronic vote after and a colleague of mine on the Com- that I passed on the floor of this House the first such vote in this series. mittee on Armed Services. had to do with going after tele- As I mentioned, Mr. Speaker, there marketing fraud. This sweepstakes f were many who had input into this issue is just another, I think, head of process, and he is one of the gentlemen the same animal. who has spoken to me about a very im- SENSE OF CONGRESS REGARDING It is of note that just last week the FREEDOM DAY portant related issue with respect to United States Postal Service, along billing processes through the mail. with key government and civic leaders, The SPEAKER pro tempore. The (Mr. HANSEN asked and was given had a press conference to announce a pending business is the question of sus- permission to revise and extend his re- nationwide effort to go after tele- pending the rules and agreeing to the marks.) marketing fraud in a very serious way, concurrent resolution, House Concur- Mr. HANSEN. Mr. Speaker, I thank and I just want to say that I think the rent Resolution 223. the gentleman for yielding time to me. House this evening collaborates in that The Clerk read the title of the con- Mr. Speaker, I think this is an excel- effort by the passage of this very im- current resolution. lent piece of legislation. I commend portant piece of legislation. The SPEAKER pro tempore. The the gentleman from Pennsylvania (Mr. I thank my colleague, the gentleman question is on the motion offered by FATTAH) and the gentleman from New from New York (Mr. MCHUGH), someone the gentleman from New York (Mr. York (Mr. MCHUGH) for the hard work who I have had the pleasure to work GILMAN) that the House suspend the they have done on this. with for a few years on this committee, rules and agree to the concurrent reso- Mr. Speaker, a lot of people do not and we have gotten a lot done. lution, House Concurrent Resolution realize that at the end of these sweep- Mr. Speaker, I have no further re- 223, on which the yeas and nays are or- stakes they enter, what do they do? A quests for time, and I yield back the dered. lot say they buy something. balance of my time. The vote was taken by electronic de- I think it is very interesting. I went Mr. MCHUGH. Mr. Speaker, I yield vice, and there were—yeas 417, nays 0, down to my little town where I live and myself such time as I may consume. not voting 16, as follows:

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.205 pfrm02 PsN: H09PT1 H11826 CONGRESSIONAL RECORD — HOUSE November 9, 1999 [Roll No. 580] Pastor Sanders Taylor (NC) agree to the conference report on the Paul Sandlin Terry YEAS—417 Payne Sanford Thomas bill, H.R. 1554, on which the yeas and Pease Sawyer Thompson (CA) nays were ordered. Abercrombie Deutsch Jones (NC) Pelosi Saxton Thompson (MS) Ackerman Diaz-Balart Jones (OH) This will be a 5-minute vote Peterson (MN) Schaffer Thornberry Aderholt Dickey Kanjorski The vote was taken by electronic de- Peterson (PA) Schakowsky Thune Allen Dicks Kaptur Petri Scott Thurman vice, and there were—yeas 411, nays 8, Andrews Dingell Kasich Phelps Sensenbrenner Tiahrt not voting 14, as follows: Archer Dixon Kelly Pickering Serrano Tierney [Roll No. 581] Armey Doggett Kennedy Pickett Sessions Toomey Bachus Dooley Kildee Pitts Shadegg Towns YEAS—411 Baird Doolittle Kilpatrick Pombo Shaw Traficant Baker Doyle Kind (WI) Abercrombie Davis (FL) Hostettler Pomeroy Shays Turner Ackerman Davis (IL) Houghton Baldacci Dreier King (NY) Porter Sherman Udall (CO) Baldwin Duncan Kingston Aderholt Davis (VA) Hoyer Portman Sherwood Udall (NM) Allen DeFazio Hulshof Ballenger Dunn Kleczka Price (NC) Shimkus Upton Barcia Ehlers Klink Andrews DeGette Hunter Pryce (OH) Shows Velazquez Archer Delahunt Barr Ehrlich Knollenberg Hutchinson Quinn Simpson Vento Armey DeLauro Barrett (NE) Emerson Kolbe Hyde Radanovich Sisisky Visclosky Bachus DeLay Barrett (WI) Engel Kucinich Inslee Rahall Skeen Vitter Baird DeMint Bartlett English Kuykendall Isakson Ramstad Skelton Walden Baker Deutsch Barton Eshoo LaFalce Istook Rangel Slaughter Walsh Baldacci Diaz-Balart Bass Etheridge LaHood Jackson (IL) Regula Smith (MI) Wamp Baldwin Dickey Bateman Evans Lampson Jackson-Lee Reyes Smith (NJ) Waters Ballenger Dicks Becerra Everett Lantos (TX) Reynolds Smith (WA) Watkins Barcia Dingell Bentsen Ewing Largent Jefferson Riley Snyder Watt (NC) Barr Dixon Bereuter Farr Larson Jenkins Rivers Souder Watts (OK) Barrett (NE) Doggett Berkley Fattah Latham John Rodriguez Spence Waxman Barrett (WI) Dooley Berman Filner LaTourette Johnson (CT) Roemer Stabenow Weiner Bartlett Doolittle Berry Fletcher Lazio Johnson, E. B. Rogan Stark Weldon (FL) Barton Doyle Biggert Foley Leach Johnson, Sam Rogers Stearns Weldon (PA) Bass Dreier Bilbray Forbes Lee Jones (NC) Rohrabacher Stenholm Weller Bateman Duncan Bilirakis Ford Levin Jones (OH) Ros-Lehtinen Strickland Weygand Becerra Dunn Bishop Fossella Lewis (CA) Kanjorski Rothman Stump Whitfield Bentsen Ehlers Blagojevich Fowler Lewis (GA) Kasich Roukema Stupak Wicker Bereuter Ehrlich Bliley Frank (MA) Lewis (KY) Kelly Roybal-Allard Sununu Wilson Berkley Emerson Blumenauer Franks (NJ) Linder Kennedy Royce Sweeney Wise Berman Engel Blunt Frelinghuysen Lipinski Kildee Rush Talent Wolf Berry English Boehlert Frost LoBiondo Kilpatrick Ryan (WI) Tancredo Woolsey Biggert Eshoo Boehner Gallegly Lofgren Kind (WI) Ryun (KS) Tanner Wu Bilbray Etheridge Bonilla Ganske Lowey King (NY) Sabo Tauscher Wynn Bilirakis Evans Bonior Gejdenson Lucas (KY) Kingston Salmon Tauzin Young (AK) Bishop Everett Bono Gekas Lucas (OK) Kleczka Sanchez Taylor (MS) Blagojevich Ewing Borski Gibbons Luther Klink Bliley Farr Boswell Gilchrest Maloney (CT) NOT VOTING—16 Knollenberg Blumenauer Fattah Boucher Gillmor Maloney (NY) Kolbe Chenoweth-Hage Martinez Smith (TX) Blunt Filner Boyd Gilman Manzullo Kuykendall Deal Matsui Spratt Boehlert Fletcher Brady (PA) Gonzalez Markey LaHood Edwards McDermott Wexler Boehner Foley Brady (TX) Goode Mascara Lampson Gephardt Pascrell Young (FL) Bonilla Forbes Brown (FL) Goodlatte McCarthy (MO) Lantos Hastings (FL) Scarborough Bonior Ford Brown (OH) Goodling McCarthy (NY) Largent Hoyer Shuster Bono Fossella Bryant Gordon McCollum Larson Borski Fowler Burr Goss McCrery Latham b 1942 Boswell Frank (MA) Burton Graham McGovern LaTourette Boucher Franks (NJ) Buyer Granger McHugh So (two-thirds having voted in favor Lazio Boyd Frelinghuysen Callahan Green (TX) McInnis Leach thereof) the rules were suspended and Brady (PA) Frost Calvert Green (WI) McIntosh Lee Brady (TX) Gallegly Camp Greenwood McIntyre the concurrent resolution was agreed Levin Brown (FL) Ganske Campbell Gutierrez McKeon to. Lewis (CA) Brown (OH) Gejdenson Canady Gutknecht McKinney Lewis (GA) The result of the vote was announced Bryant Gekas Cannon Hall (OH) McNulty Lewis (KY) as above recorded. Burr Gibbons Capps Hall (TX) Meehan Linder Burton Gilchrest Capuano Hansen Meek (FL) A motion to reconsider was laid on LoBiondo Buyer Gilman Cardin Hastings (WA) Meeks (NY) the table. Lofgren Callahan Gonzalez Carson Hayes Menendez Lowey f Calvert Goode Castle Hayworth Metcalf Lucas (KY) Camp Goodlatte Chabot Hefley Mica Lucas (OK) Campbell Goodling Chambliss Herger Millender- ANNOUNCEMENT BY THE SPEAKER Luther Canady Gordon Clay Hill (IN) McDonald PRO TEMPORE Maloney (CT) Cannon Goss Clayton Hill (MT) Miller (FL) Maloney (NY) Capps Graham Clement Hilleary Miller, Gary The SPEAKER pro tempore (Mr. Manzullo Capuano Granger Clyburn Hilliard Miller, George WALDEN of Oregon). Pursuant to clause Markey Cardin Green (TX) Coble Hinchey Minge Mascara 8 of rule XX, the Chair announces that Carson Green (WI) Coburn Hinojosa Mink McCarthy (MO) he will reduce to 5 minutes the min- Castle Greenwood Collins Hobson Moakley McCarthy (NY) Chabot Gutierrez Combest Hoeffel Mollohan imum time for electronic voting on McCollum Chambliss Gutknecht Condit Hoekstra Moore each additional motion to suspend the McCrery Clay Hall (OH) Conyers Holden Moran (KS) McDermott rules on which the Chair has postponed Clayton Hall (TX) Cook Holt Moran (VA) McGovern Clement Hansen Cooksey Hooley Morella further proceedings. McHugh Clyburn Hastings (FL) Costello Horn Murtha f McInnis Coble Hastings (WA) Cox Hostettler Myrick McIntosh Coburn Hayes Coyne Houghton Nadler McIntyre CONFERENCE REPORT ON H.R. 1554, Collins Hayworth Cramer Hulshof Napolitano McKeon INTELLECTUAL PROPERTY AND Combest Hefley Crane Hunter Neal McKinney Condit Herger Crowley Hutchinson Nethercutt COMMUNICATONS OMNIBUS RE- McNulty Conyers Hill (IN) Cubin Hyde Ney FORM ACT OF 1999 Meehan Cook Hill (MT) Cummings Inslee Northup Meek (FL) Cooksey Hilleary Cunningham Isakson Norwood The SPEAKER pro tempore. The Meeks (NY) Costello Hilliard Danner Istook Nussle pending business is the question of sus- Menendez Cox Hinchey Davis (FL) Jackson (IL) Oberstar Metcalf pending the rules and agreeing to the Coyne Hinojosa Davis (IL) Jackson-Lee Obey Mica Cramer Hobson Davis (VA) (TX) Olver conference report on the bill, H.R. 1554. Millender- Crane Hoeffel DeFazio Jefferson Ortiz The Clerk read the title of the bill. McDonald Crowley Hoekstra DeGette Jenkins Ose Miller (FL) The SPEAKER pro tempore. The Cubin Holden Delahunt John Owens Miller, Gary question is on the motion offered by Cummings Holt DeLauro Johnson (CT) Oxley Miller, George Cunningham Hooley DeLay Johnson, E. B. Packard the gentleman from Texas (Mr. ARMEY) Minge Danner Horn DeMint Johnson, Sam Pallone that the House suspend the rules and Mink

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.139 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11827 Moakley Rivers Stupak At this point in the evening, what I get the information sorted out, set the Mollohan Rodriguez Sununu Moore Roemer Sweeney am going to suggest we do is have the plan for the rest of the night, and then Moran (KS) Rogan Talent body retire to some special orders for a make that announcement to the Mem- Moran (VA) Rogers Tanner while, some discussion. We will have a bers. Morella Rohrabacher Tauscher few minutes to sort things out, at Mr. BONIOR. Mr. Speaker, can the Murtha Ros-Lehtinen Tauzin Myrick Rothman Taylor (MS) which time we can get back in touch gentleman from Texas give me the Nadler Roukema Taylor (NC) with the Members, either by announce- prognosis for next week, or is that all Napolitano Roybal-Allard Terry ment of the floor or through the whip contingent upon the discussions the Neal Royce Thomas gentleman has just referred to? Nethercutt Rush Thompson (CA) organizations. Ney Ryan (WI) Thompson (MS) We do anticipate that we will in very Mr. ARMEY. Mr. Speaker, if the gen- Northup Ryun (KS) Thornberry short order be able to resume work, tleman will yield, as the song from My Norwood Sabo Thune having more votes on issues related to Fair Lady goes, ‘‘with a little bit of Nussle Salmon Thurman Oberstar Sanchez Tiahrt the appropriations and budget cycle. luck’’, we will not be here. Other than Obey Sanders Tierney But it is just one of these times where that, we would just have to assess Olver Sandlin Toomey we sort of have to fall back, regroup, things up, and that would be one of Ortiz Sawyer Towns and assess things, and make sure we those announcements that I could give Ose Saxton Traficant Owens Schaffer Turner have precise information to exchange with some degree of clarity and reli- Oxley Schakowsky Udall (CO) between the two sides so we can reach ability tomorrow. Packard Scott Udall (NM) agreement to proceed. Mr. BONIOR. Mr. Speaker, I yield to Pallone Sensenbrenner Upton Pastor Serrano Velazquez If the body would indulge us in that the gentleman from Wisconsin (Mr. Payne Sessions Visclosky regard, we would be back in touch with OBEY). Pease Shadegg Vitter Members, who we would ask to stay Mr. OBEY. Mr. Speaker, I thank the Pelosi Shaw Walden close to an information source, I am gentleman from Michigan for yielding Peterson (MN) Shays Walsh Peterson (PA) Sherman Wamp sure within the next 30 minutes at the to me. Petri Sherwood Watkins outset. Mr. Speaker, I would just like to Phelps Shimkus Watt (NC) Mr. BONIOR. Mr. Speaker, let me make clear I have been told by the ma- Pickering Shows Watts (OK) jority side on the Committee on Appro- Pickett Simpson Waxman just say to the gentleman from Texas Pitts Sisisky Weiner that we understand how difficult at the priations that there is a possibility Pombo Skeen Weldon (FL) end of a session it is to put the various that the committee will be asked to go Pomeroy Skelton Weldon (PA) pieces together and to wrap things up. to the Committee on Rules tonight to Porter Slaughter Weller Portman Smith (MI) Weygand But we also understand the need to uti- get a rule under which we could then Price (NC) Smith (NJ) Whitfield lize the time of the membership in the consider the continuing resolution. Pryce (OH) Smith (WA) Wicker best possible way. I would like to make it clear that we Quinn Snyder Wilson I was wondering if not, in a coopera- see no reason to tie all Members up for Radanovich Souder Wise Rahall Spence Wolf tive spirit, if we, indeed, are going to the remainder of the evening. If what is Ramstad Stabenow Woolsey go to a CR that may, in fact, take us being contemplated is a simple, Rangel Stark Wu into next week, that we could do that straight continuing resolution with no Regula Stearns Wynn Reyes Stenholm Young (AK) at a relatively early hour this evening funny business, we are perfectly happy Reynolds Strickland Young (FL) so Members could finish their business to provide unanimous consent so that Riley Stump and leave and go home and ready and we can take it up without wasting NAYS—8 fresh for tomorrow’s work. A lot of my Member’s time, and I would think we Kaptur Paul Vento colleague are asking about the action could voice it very quickly. Kucinich Sanford Waters of even rolling the vote until tomor- Mr. ARMEY. Mr. Speaker, will the LaFalce Tancredo row. gentleman yield? NOT VOTING—14 Mr. Speaker, I yield to the gentleman Mr. BONIOR. I yield to the gen- Chenoweth-Hage Lipinski Shuster from Texas (Mr. ARMEY) for a response. tleman from Texas. Deal Martinez Smith (TX) Mr. ARMEY. Mr. Speaker, again, I Mr. ARMEY. Mr. Speaker, obviously Edwards Matsui Spratt thank the gentleman from Michigan the body appreciates the fine generous Gephardt Pascrell Wexler for yielding to me. I think at this point offer from the gentleman from Wis- Gillmor Scarborough in the evening, we need to reserve the consin (Mr. OBEY). I want to give the b 1952 opportunity for Members to have one gentleman from Wisconsin every assur- So (two-thirds having voted in favor or more recorded votes this evening on ance that there will be a straight con- thereof) the rules were suspended and important legislative matters. If in tinuing resolution with no funny busi- the conference report was agreed to. fact that does not come to pass, I will ness. But it is just one of the things I The result of the vote was announced communicate that as quickly as can I want to be very clear about before I as above recorded. to the Members. stand before my colleagues and say, A motion to reconsider was laid on I do understand we have families, and yes, that is the request we make of the table. we would like to be home or with our them. f families. I can promise the Members So I want to be able to make the pre- that I will get this sorted out as quick- cise request for my colleagues’ agree- LEGISLATIVE PROGRAM ly as possible and advise the Members. ment that we can define through the (Mr. BONIOR asked and was given We will be here working tomorrow. appropriate discussions with our col- permission to address the House for 1 We will have votes tomorrow. Even as leagues. That should be done in just a minute.) we proceed during the day tomorrow, I few minutes. Mr. BONIOR. Mr. Speaker, I rise for am sure there will be opportunities Mr. BONIOR. Mr. Speaker, we vote the purposes of inquiring from the Ma- where we will just have to take a mo- against any funny business on our side, jority Leader the schedule for the re- ment, sort things out, make sure we and we hope the gentleman will concur. mainder of the evening and the rest of have the appropriate matters in the ap- f the week. propriate time sequencing, and make Mr. Speaker, I yield to the gentleman similar announcements to the body. PERMISSION TO CONSIDER SPE- from Texas (Mr. ARMEY). Mr. BONIOR. Mr. Speaker, when the CIAL ORDER IN MEMORY OF THE Mr. ARMEY. Mr. Speaker, I appre- gentleman from Texas spoke earlier, he LATE HONORABLE GEORGE E. ciate the gentleman taking this time. mentioned 30 minutes as I recall; is BROWN FIRST Mr. Speaker, as my colleagues know, that correct. Mr. ARMEY. Mr. Speaker, as we we are in that part of the year where Mr. ARMEY. Mr. Speaker, again, if begin some special orders in this in- we are all working in different rooms, the gentleman will yield, as soon as I terim planning period, I am advised in different projects, trying to come to leave the floor, I will get to the key that there are members of the family agreement on different matters. people with whom we have to consult, of the former Member, George Brown,

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.140 pfrm02 PsN: H09PT1 H11828 CONGRESSIONAL RECORD — HOUSE November 9, 1999 in attendance to the body at this very have voted ‘‘yea’’; and on rollcalls 571, the gentleman from Wisconsin (Mr. moment. We have a host of Members 572, and 573, I would have voted ‘‘yea’’. OBEY) each will be recognized for 30 who would like to take some time to f minutes. pay their respects to Mr. Brown. They The Chair recognizes the gentleman are listed for a special order this FURTHER CONTINUING APPRO- from Florida (Mr. YOUNG). evening. PRIATIONS, FISCAL YEAR 2000 GENERAL LEAVE Mr. Speaker, on behalf of the mem- Mr. YOUNG of Florida. Mr. Speaker, Mr. YOUNG of Florida. Mr. Speaker, ory of George Brown, I ask unanimous I ask unanimous consent that it be in I ask unanimous consent that all Mem- consent that those Members who would order immediately to consider in the bers may have 5 legislative days in like to have this discussion proceed House the joint resolution (H.J. Res. which to revise and extend their re- with the proviso that they would yield 78) making further continuing appro- marks on H.J. Res. 78, and that I may for me to make any announcements or priations for the fiscal year 2000, and include tabular and extraneous mate- for us to take up any work that we for other purposes; that the joint reso- rial. would have to do later in the evening. lution be considered as read for amend- The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mr. ment; that the joint resolution be de- objection to the request of the gen- WALDEN of Oregon). Is there objection batable for 1 hour, equally divided and tleman from Florida? to the request of the gentleman from controlled by the chairman and rank- There was no objection. Texas? ing minority member of the Committee Mr. YOUNG of Florida. Mr. Speaker, There was no objection. on Appropriations; and that the pre- I yield myself such time as I may con- f vious question be considered as ordered sume. Mr. Speaker, the current continuing b on the joint resolution to final passage 2000 without intervening motion except one resolution expires tomorrow night. REMOVAL OF NAME OF MEMBER motion to recommit. While we had planned to have all ap- AS COSPONSOR OF H.R. 2907 The SPEAKER pro tempore. Under propriations action completed by tomorrow, that will not be possible be- Ms. WOOLSEY. Mr. Speaker, I ask the Speaker’s guidelines, the Chair is cause of some ongoing negotiations unanimous consent to remove as co- unable to entertain the gentleman’s re- with the administration. We will need sponsor of my bill, H.R. 2907, the gen- quest at this time. an extension into next week because of tleman from Florida (Mr. BILIRAKIS). f the Veterans Day holiday. The SPEAKER pro tempore (Mr. FURTHER CONTINUING APPRO- H. J. Res. 78 would continue oper- WALDEN of Oregon). Is there objection PRIATIONS, FISCAL YEAR 2000 ations for the agencies in the five re- to the request of the gentlewoman maining bills until November 17, and I from California? Mr. YOUNG of Florida. Mr. Speaker, would urge our Members to support it. There was no objection. I ask unanimous consent that it be in Mr. Speaker, I reserve the balance of f order immediately to consider in the House the joint resolution (H.J. Res. my time. ANNOUNCEMENT OF SUSPENSIONS 78) making further continuing appro- Mr. OBEY. Mr. Speaker, I yield my- TO BE CONSIDERED ON WEDNES- priations for the fiscal year 2000, and self 5 minutes. DAY, NOVEMBER 10, 1999 for other purposes; that the joint reso- Mr. Speaker, I do not think there is lution be considered as read for amend- any purpose in dragging this out to- Mr. LAZIO. Mr. Speaker, pursuant to night. This is a simple extension until House Resolution 353, I rise to an- ment; that the joint resolution be debatable for 1 hour, equally divided and next Wednesday. nounce the following suspensions to be I think Members need to have some considered tomorrow. controlled by the chairman and ranking minority member of the Committee understanding of what remaining dif- H. Res. 41, Honoring American Mili- ferences are out there, because I think tary Women for Their Service in World on Appropriations; and that the previous question be considered as ordered there is a vast misperception about ex- War II Resolution; actly where the conferees are on these H.R. 1869, Stalking Prevention and on the joint resolution to final passage without intervening motion except one issues. As I see it, on the interior ap- Victim Protection Act of 1999; propriations bill, we have made some H.R. 2336, the United States Marshals motion to recommit. The SPEAKER pro tempore. Is there progress with respect to language Service Improvement Act of 1999; items. There are still a number of im- H.R. 2442, a very important piece of objection to the request of the gentleman from Florida? portant language items that have not legislation, the Wartime Violation of been resolved, a number of the riders, Italian American Civil Liberties Act; There was no objection. Mr. YOUNG of Florida. Mr. Speaker, and there is also at least one major H. Con. Res. 122, recognizing the dollar issue which still is to be re- United States Border Patrol’s 75 years pursuant to the previous order of the House, I call up the joint resolution (H. solved, and it is the biggest dollar of service since its founding; problem in the bill. H.R. 3234, to exempt certain reports J. Res 78) making further continuing from automatic elimination and sunset appropriations for the fiscal year 2000, b 2015 pursuant to the Federal Reports and and for other purposes, for its imme- With respect to State, Justice, Com- Elimination and Sunset Act of 1995; diate consideration in the House. merce, virtually all the dollar disagree- And, finally, Mr. Speaker, H.R. 2454, The Clerk read the title of the joint ments have been resolved. But there the Arctic Tundra Habitat Emergency resolution. are still major differences with respect Conservation Act. The text of House Joint Resolution 78 to language and riders. And again, that Those are the suspensions that will is as follows: represents the items that remain rep- be considered tomorrow, Mr. Speaker. H.J. RES. 78 resent major impediments to final f Resolved by the Senate and House of Rep- agreement. resentatives of the United States of America in With respect to the Labor, Health, PERSONAL EXPLANATION Congress assembled, That Public Law 106–62 is Education bill, we were in conference Mr. KANJORSKI. Mr. Speaker, on further amended by striking ‘‘November 10, once today this morning. We went into 1999’’ in section 1069c) and inserting in lieu November 4 and November 5, 1999, I was thereof ‘‘November 17, 1999’’, and by striking conference the second time, or were in- away from Washington on official busi- ‘‘$288,903,248’’ in section 119 and inserting in vited to come into conference this ness and unable to vote on several mat- lieu thereof ‘‘$346,483,754.’’ Public Law 106–46 afternoon. We went to the Senate in ters. Had I been present on rollcall 563, is amended by striking ‘‘November 10, 1999’’ order to participate in that conference. I would have voted ‘‘yea’’; on rollcall and inserting in lieu thereof ‘‘November 17, While we were sitting in the conference 564, I would have voted ‘‘nay’’; on roll- 1999’’. room waiting for the conference to call 565, I would have voted ‘‘yea’’; on The SPEAKER pro tempore. Pursu- start, the majority conferees on the rollcalls 565, 567, and 568, I would have ant to the order of the House, the gen- Senate side in charge of the conference voted ‘‘nay’’; on rollcall 569, I would tleman from Florida (Mr. YOUNG) and were busy holding a press conference

VerDate 29-OCT-99 06:31 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.213 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11829 denouncing the actions of those in the get a good night’s sleep, and show up CONTINUATION OF IRAN NA- conference who represented the White tomorrow morning ready to do some TIONAL EMERGENCY—MESSAGE House; and so, we wound up, instead of business with each other for real. FROM THE PRESIDENT OF THE having a conference, having a press Mr. YOUNG of Florida. Mr. Speaker, UNITED STATES (H. DOC. NO. 106– conference while we awaited the possi- reclaiming my time, that is what I was 156) bility of having a conference. going to say when the gentleman asked So we made no further progress on me to yield. The SPEAKER pro tempore laid before the House the following message that bill since about noon. Mr. Speaker, I would hope that we That means I think that the indi- from the President of the United would pass this continuing resolution vidual Members of this place need to expeditiously and let us get back to the States; which was read and, together know what is going to happen with bargaining table with the administra- with the accompanying papers, without their schedules. tion. objection, referred to the Committee I would urge the majority party lead- on International Relations and ordered ership to recognize what the scheduling Mr. LEWIS of California. Mr. Speak- to be printed: reality is and to recognize that we ei- er, will the gentleman yield? ther have to have maximum flexibility Mr. YOUNG of Florida. I yield to the To the Congress of the United States: in reaching an agreement or else we gentleman from California. Section 202(d) of the National Emer- need to have maximum recognition of Mr. LEWIS of California. Mr. Speak- gencies Act (50 U.S.C. 1622(d)) provides reality on a timetable so that Members er, I appreciate my colleague yielding. for the automatic termination of a na- who are not participating in the con- The spirit that is being presented ference do not have to hang around tional emergency unless, prior to the here is very much to be followed by a anniversary date of its declaration, the here waiting for things to happen that special order recognizing the service of President publishes in the Federal Reg- are not likely to happen. our colleague, the gentleman from and transmits to the Congress a I would hope that we could continue California (George Brown), so that ister discussions and reach agreement on the Members would know that. notice stating that the emergency is to items so that we do not have another continue in effect beyond the anniver- In the meantime, I very much appre- round of recriminations before we fi- ciate the communication between both sary date. In accordance with this pro- nally get out of here. sides this evening. vision, I have sent the enclosed notice, It seems to me that if we could have stating that the Iran emergency de- more time spent discussing the dif- Mr. YOUNG of Florida. Mr. Speaker, clared in 1979 is to continue in effect ferences and less time spent in shenani- I thank the gentleman for his com- beyond November 14, 1999, to the Fed- gans, we would all be a whole lot better ments. off. Mr. Speaker, I yield back the balance eral Register for publication. Similar Mr. Speaker, I yield back the balance of my time, and I urge an expeditious notices have been sent annually to the my time. aye vote on the resolution. Congress and published in the Federal Mr. YOUNG of Florida. Mr. Speaker, The SPEAKER pro tempore (Mr. Register since November 12, 1980. The I yield myself such time as I may con- WALDEN of Oregon). Pursuant to the most recent notice appeared in the Fed- sume just briefly to close and suggest order of the House, the previous ques- eral Register on November 12, 1998. This that we are hoping that, as the nego- tion is ordered. emergency is separate from that de- tiators continue their work during to- The question is on the engrossment clared with respect to Iran on March morrow and Thursday and Friday and and third reading of the joint resolu- 15, 1995, in Executive Order 12957. Saturday and Sunday, that by Monday tion. we will have workable packages that The crisis between the United States are agreed upon. The joint resolution was ordered to and Iran that began in 1979 has not But we are at the final stage of the be engrossed and read a third time, and been fully resolved. The international was read a third time, and passed, and negotiations. Everyone who has ever tribunal established to adjudicate a motion to reconsider was laid on the negotiated knows that the most dif- claims of the United States and U.S. table. ficult decisions to agree on are put off nationals against Iran and of the Ira- to the end. Well, now we are at the end f nian government and Iranian nationals and we are dealing with the most dif- against the United States continues to ficult decisions. function, and normalization of com- As the gentleman from Wisconsin COMMUNICATION FROM STAFF AS- (Mr. OBEY) has pointed out, we have SISTANT OF HON. DALE E. KIL- mercial and diplomatic relations be- had very spirited negotiations most of DEE, MEMBER OF CONGRESS tween the United States and Iran has the day today. We were here late last not been achieved. On March 15, 1995, I The SPEAKER pro tempore laid be- night. We were here over the weekend declared a separate national emer- fore the House the following commu- and we are moving as rapidly as we gency with respect to Iran pursuant to nication from Lucretia Presnall, Staff can. But we have some very strong dif- Assistant of the Honorable Dale E. Kil- the International Emergency Eco- ferences of opinions between the Con- dee, Member of Congress: nomic Powers Act and imposed sepa- gress and even between the House and rate sanctions. By Executive Order the Senate, as well as the administra- CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, 12959 of May 6, 1995, these sanctions tion. Washington, DC, November 2, 1999. were significantly augmented, and by Mr. OBEY. Mr. Speaker, will the gen- Hon. DENNIS J. HASTERT, tleman yield? Executive Order 13059 of August 19, Speaker, U.S. House of Representatives, Wash- 1997, the sanctions imposed in 1995 were Mr. YOUNG of Florida. I yield to the ington, DC. further clarified. In these cir- gentleman from Wisconsin. DEAR MR. SPEAKER: This is to formally no- Mr. OBEY. Mr. Speaker, I appreciate tify you, pursuant to rule VIII of the Rules cumstances, I have determined that it the gentleman yielding. of the House of Representatives, that I have is necessary to maintain in force the Mr. Speaker, I would just like to been served with a trial subpoena issued by broad authorities that are in place by make one additional observation. I the United States District Court for the virtue of the November 14, 1979, dec- have seen in those conferences at least Eastern District of Michigan in the case of U.S. v. Fayzakov, No. 99–CR–50015. laration of emergency, including the two people who are crucial to the con- authority to block certain property of ference falling asleep in the middle of After consultation with the Office of Gen- the Government of Iran, and which are the conferences. That is because they eral Counsel, I have determined that compliance with the subpoena is consistent with needed in the process of implementing are bone tired. the precedents and privileges of the House. the January 1981 agreements with Iran. I would suggest that the best thing Sincerely, WILLIAM J. CLINTON. we could do is stop the rhetoric to- LUCRETIA PRESNALL, night, pass this baby, go on home and Staff Assistant. THE WHITE HOUSE, November 5, 1999.

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.222 pfrm02 PsN: H09PT1 H11830 CONGRESSIONAL RECORD — HOUSE November 9, 1999 PERIODIC REPORT ON NATIONAL Mr. Rosenthal ended a run of nearly 13 journalists’ careers. But he also undid some. EMERGENCY WITH RESPECT TO years on the newspaper’s Op-Ed page with a Even now, years after his editorship, his de- SUDAN—MESSAGE FROM THE column that appears today, looking back on fenders and his attackers talk about him PRESIDENT OF THE UNITED a career that made him one of the most in- with equal vehemence. fluential figures in American journalism in Mr. Rosenthal agreed yesterday that peo- STATES (H. DOC. NO. 106–157) the last half of this century. ple tended not to be neutral about him. The SPEAKER pro tempore laid be- ‘‘I’ve seen happier days,’’ he acknowledged Many will be saddened by his departure from fore the House the following message in an interview. The Times. ‘‘And,’’ he said, ‘‘there’ll be people dancing.’’ from the President of the United But there was one word that he said he would never use to describe his new status. His column on the Op-Ed page, which first States; which was read and, together Don’t dare to whisper ‘‘retirement,’’ he said, appeared on Jan. 6, 1987, often stirred similar with the accompanying papers, without recalling what Barbara Walters, an old emotions among readers. Over the years, re- objection, referred to the Committee friend, told him a few weeks ago when it be- curring themes emerged: Israel’s security on International Relations and ordered came clear that his weekly column, ‘‘On My needs, human rights violations around the to be printed: Mind,’’ was near an end. world, this country’s uphill war against ‘‘She said to me, ‘But Abe, you’re starting drugs. To the Congress of the United States: fresh,’ ’’ he said, ‘‘And I suddenly realized, of He focused on those themes once more for As required by section 401(c) of the course I was. Then I realized that I’m not his final column. Then he turned to the mun- National Emergencies Act, 50 U.S.C. going alone. I’m taking my head with me. dane task of packing up mementos as well as 1641(c) and section 204(c) of the Inter- I’m going to stay alive intellectually.’’ memories. Off the wall came a framed gov- Mr. Rosenthal, 77 and universally known as ernment document from the 1950’s attesting national Emergency Economic Powers that the Canadian had become an American. Act (IEEPA), 50 U.S.C. 1703(c), I trans- Abe, said he intended to continue ‘‘writing journalistically,’’ though at this point he It was, he said with a cough to beat back ris- mit herewith a 6-month periodic report had no specific plans. ‘‘I want to remain a ing emotions, among his most valuable pos- on the national emergency with re- columnist,’’ he said. sessions. spect to Sudan that was declared in Ex- There was an unmistakable end-of-an-era ecutive Order 13067 of November 3, 1997. feel to the announcement yesterday that Mr. [From the New York Times, Nov. 5, 1999] A.M. ROSENTHAL OF THE NEW YORK TIMES WILLIAM J. CLINTON. Rosenthal would leave a newspaper that, The departure of a valued colleague from THE WHITE HOUSE, November 5, 1999. family aside, had been his life. Indeed, during his 17 years as its chief editor, until he The New York Times is not, as a rule, occa- f stepped down in 1986 with the title of execu- sion for editorial comment. But the appear- TRIBUTE TO A.M. ROSENTHAL tive editor, ‘‘Rosenthal’’ and ‘‘The Times’’ ance today of A.M. Rosenthal’s last column were pretty much synonyms for many read- on the Op-Ed page requires an exception. Mr. (Mr. WOLF asked and was given per- ers—often, though not always, with their ap- Rosenthal’s life and that of this newspaper mission to address the House for 1 proval. have been braided together over a remark- minute and to revise and extend his re- Abraham Michael Rosenthal brought raw able span—from World War II to the turning marks.) intelligence and enormous passion to the job, of the millennium. His talent and passionate Mr. WOLF. Mr. Speaker, I rise today qualities that were apparent from his first ambition carried him on a personal journey to express our appreciation for the days at The Times, as a part-time campus from City College correspondent to executive editor, and his equally passionate devotion service that has been given to our correspondent at City College in the 1940’s. The college was tuition-free in those days, to quality journalism made him one of the country and to the world by A.M. and a good thing, too, said Mr. Rosenthal, principal architects of the modern New York Rosenthal. who was born in Canada and grew up in pov- Times. This past Friday was Mr. Rosenthal’s erty in the Bronx. ‘‘Free tuition was more Abe Rosenthal began his career at The last day at the New York Times. Mr. than I could afford,’’ he said yesterday. Times as a 21-year-old cub reporter scratch- Rosenthal had a distinguished career After becoming a full-time reporter in 1944, ing for space in the metropolitan report, and at the New York Times beginning his he covered the fledgling United Nations. he ended it as an Op-Ed page columnist noted for his commitment to political and tenure at the Times at age 21. He left Then, from 1954 to 1963, he was a foreign correspondent, based in India, Poland and religious freedom. In between he served as a his imprimatur on journalism and on Japan. Covering India was a personal high correspondent at the United Nations and was the world through his opinion columns point. But it was in Poland, whose Com- based in three foreign countries winning a that exposed many cases of human munist rulers expelled him in 1959, that he Pulitzer Price in 1960 for his reporting from rights violations and religious persecu- won a Pulitzer Prize. Poland. He came home in 1963 to be metro- tion. It was also where he wrote an article for politan editor. In that role and in higher po- Mr. Rosenthal was not afraid to The New York Times Magazine that, among sitions, he became a tireless advocate of speak truth to tyranny. He wrote un- the thousands he produced, contained a pas- opening the paper to the kind of vigorous writing and deep reporting that character- abashedly and boldly for those who suf- sage that some quote to this day. He had been to the Nazi death camp at Auschwitz. ized his own work. As managing editor and fered under egregious and appalling sit- ‘‘And so,’’ he wrote, ‘‘there is no news to executive editor, Abe Rosenthal was in uations, while others remained silent. report from Auschwitz. There is merely the charge of The Times’s news operations for a Mr. Rosenthal addressed a wide spec- compulsion to write something about it, a total of 17 years. trum of tyranny and never backed compulsion that grows out of a restless feel- Of his many contributions as an editor, down. His wise words were the finest ing that to have visited Auschwitz and then two immediately come to mind. One was his examples of speaking truth to abuses of turned away without having said or written role in the publication of the Pentagon Pa- power. His column spoke truth for the anything would be a most grievous act of pers, the official documents tracing a quar- discourtesy to those who died there.’’ ter-century of missteps that entangled voiceless, freedom and liberty for the The passion in that paragraph carried into America in the Vietnam War. Though hardly oppressed. His pen was truly mightier his time as editor. alone among Times editors, Mr. Rosenthal than the sword. Natan Sharansky, On his watch, in 1971, The Times published was instrumental in mustering the argu- Harry Wu, Andrei Sakharov, and the so-called Pentagon Papers, a secret gov- ments that led to the decision by our then countless brave others have him to ernment history of the Vietnam War. That publisher, Arthur Ochs Sulzberger, to pub- thank for stirring world opinion into led to a landmark Supreme Court decision lish the archive. That fateful decision helped forcing their freedom. upholding the primacy of the press over gov- illustrate the futile duplicity of American Mr. Speaker, I include the following ernment attempts to impose ‘‘prior re- policy in Vietnam, strengthened the press’s straint’’ on what it may print. First Amendment guarantees and reinforced articles for the RECORD: Under Mr. Rosenthal, the once ponderous The Times’s reputation as a guardian of the [From the New York Times, Nov. 5, 1999] Times became a far livelier paper. Major in- public interest. WRITER-EDITOR ENDS A 55-YEAR RUN novations were quickly copied at other news- The second achievement, more institu- papers, notably special sections on lifestyles tional in nature, was Mr. Rosenthal’s central A FINAL COLUMN FOR THE TIMES, BUT DON’T and science that were introduced in the role in transforming The times from a two- SAY RETIREMENT 1970’s. But his biggest accomplishment, in section to a four-section newspaper with the (By Clyde Haberman) his view, was keeping ‘‘the paper straight,’’ introduction of a separate business section After 55 years as a reporter, foreign cor- which meant keeping the news columns free and new themed sections like SportsMonday, respondent, editor and columnist, A.M. of writing that he felt stumbled into edi- Weekend and Science Times. Though a jour- Rosenthal spent his last working day at The torial judgment. nalist of the old school, Abe Rosenthal New York times yesterday packing up his On that score, he did not lack for critics. grasped that such features were necessary to memories the only way he knew how: by With his passion came dark moods and a broaden the paper’s universe of readers. He writing about them. soaring temper. Mr. Rosenthal made many insisted only that the writing, editing and

VerDate 29-OCT-99 06:33 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.229 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11831 article selection measure up to The Times’s to cause unnecessary cruelty, to run their and Jews, pays almost no attention, and that traditional standards. rings across anybody’s face for the pleasure plain disgusts me. By his own admission, Abe Rosenthal could of it—and that goes for critics, too. The lassitude about Chinese Communist be ferocious in his pursuit and enforcement When you finish a story, I would say, read brutalities is part of the most nasty Amer- of those standards. Sometimes, indeed, de- it, substitute your name for the subject’s. If ican reality of this past half-century. Never bate about his management style competed you say, well, it would make me miserable, before have the U.S. government, business for attention with his journalistic achieve- make my wife cry, but it has no innuendo, no and public been willing, eager really, to ments. But the scale of this man’s editorial unattributed pejorative remarks, no slap in praise and enrich tyranny, to crawl before it, accomplishments has come more fully into the face for joy of slapping, it is news, not to endanger our martial technology—and all focus since he left the newsroom in 1986. It is gutter gossip, and as a reporter I know the of the hope (vain) of trade profit. now clear that he seeded the place with tal- writer was fair, then give it to the copy desk. America is going through plump times. ent and helped ensure that future genera- If not, try again—we don’t want to be your But economic strength is making us weaker tions of Times writers and editors would hew cop. in head and soul. We accept back without to the principles of quality journalism. Sometimes I have a nightmare that on a penalty a president who demeaned himself Born in Canada, Mr. Rosenthal developed a certain Wednesday—why Wednesday I don’t and us. We rain money on a Politburo that deep love for New York City and a fierce af- know—The Times disappeared forever. I must rule by terror lest it lose its collective fection for the democratic values and civil wake trembling; I know this paper could head. I cannot promise to change all that. But I liberties of his adopted country. For the last never be recreated. I will never tremble for can say that I will keep trying and that I 13 years, his lifelong interest in foreign af- the loss of any publication that has no en- thank God for (a) making me an American fairs and his compassion for victims of polit- forced ethic of fairness. citizen, (b) giving me that college-boy job on ical, ethnic or religious oppression in Tibet, Starting fresh—the idea frightened me. The Times, and (c) handing me the oppor- China, Iran, Africa and Eastern Europe Then I realized I was not going alone. I tunity to make other columnists kick them- formed the spine of his Op-Ed columns. His would take my brain and decades of selves when they see what I am writing, in strong, individualistic views and his bedrock newspapering with me. And I understood this fresh start of my life. journalistic convictions have informed his many of us had done that on the paper—mov- work as reporter, editor and columnist. His ing from one career to another. BOSTON UNIVERSITY, voice will continue to be a force on the First I was a stringer from City College, Boston, MA, January 14, 1999. issues that engaged him. And his commit- my most important career move. It got me THE PULITZER PRIZE BOARD, ment to journalism as an essential element inside a real paper and paid real money. in a democratic society will abide as part of Columbia University, New York, NY. Twelve dollars a week. at a time when City’s DEAR SIRS: we respectfully nominate A.M the living heritage of the newspaper he loved free tuition was more than I could afford. Rosenthal for the 1998 Pultizer Prize for and served for more than 55 years. My second career was as a reporter in New commentary, based on his columns dealing York, with a police press pass, which cops [From the New York Times, Nov. 5, 1999] with the persecution of religious minorities were forever telling me to shove in my ear. around the world. We believe that such an ON MY MIND: A.M. ROSENTHAL I got a two-week assignment at the brand- award would be particularly fitting, coming PLEASE READ THIS COLUMN! new United Nations, and stayed eight years, as it would on the 50th anniversary of the On Jan. 6, 1987, when The New York Times until got what I lusted for—a foreign post. Universal Declaration of Human Rights. printed my first column, the headline I had I served The Times in Communist Poland, The Rosenthal columns were the first, re- written was: ‘‘Please Read This Column!’’ It for the first time encountering the suffo- main the dominate, and until recently, were was not just one journalist’s message of the cating intellectual blanket that is Com- the singular media voices on the subject of day, but every writer’s prayer—come know munism’s great weapon. In due time I was worldwide religious persecution. They were me. thrown out. instrumental in redefining the human rights Sometimes I wanted to use it again. But I But mostly it was Asia. The four years in agenda to include the interests of religious was smitten by seizures of modesty and de- India excited me then and forever. Rosen- believers in general and vulnerable Christian cided twice might be a bit showy. Now I have thal, King of the Khyber Pass! communities in particular. They energized a the personal and journalistic excuse to set it After nine years as a foreign cor- broad interfaith movement previously lack- down one more time. respondent, somebody decided I was too ing in knowledge about or confidence in This is the last column I will write for The happy in Tokyo and nagged me into going their ability to speak up for the rights of Times and my last working day on the paper. home to be an editor. At first I did not like persecuted religious minorities. They built I have no intention of stopping writing, it, but I came to enjoy editing—once I be- bridges of trust between religious and sec- journalistically or otherwise. And I am came the top editor, Rosenthal, King of the ular human rights organizations, between buoyed by the knowledge that I will be start- Hill! Tibetan Buddhist, Baha’i, Jewish, Catholic, ing over. When I stepped down from that job, I start- Evangelical and Mainline Protestant groups. Still, who could work his entire journal- ed all over again as a Times Op-Ed col- They powerfully expanded the reach of istic career—so far—for one paper and not umnist, paid to express my own opinions. If America’s human rights policies. leave with sadnesses, particularly when the I had done that as a reporter or editor deal- The Rosenthal columns or religious perse- paper is The Times? Our beloved, proud New ing with the news, I would have broken read- cution began in 1997, but their culminating York Times—ours, not mine or theirs, or ers’ trust that the news would be written and impact occurred during this year. The first yours, but ours, created by the talents and played straight. and last 1998 columns, ‘‘Feeling Clean endeavor of its staff, the faithfulness of the Straight does not mean dull. It means Again’’ (February 6), ‘‘Gift for Americans’’ publishing family and, as much as anything straight. If you don’t know what that means, (November 27), and ‘‘Keeping the Spotlight’’ else, by the ethics and standards of its read- you don’t belong on this paper. Clear? (December 25), broadly validated the moral ers and their hunger for ever more informa- As a columnist, I discovered that there and political premises of the movement tion, of a range without limit. were passions in me I had not been aware of, against religious persecution, and defined its Arrive in a foreign capital for the first lying under the smatterings of knowledge agenda. Such 1998 Rosenthal columns as ‘‘A time, call a government minister and give about everything that I had to collect as ex- Tour of China’’ (March 13) and ‘‘Judgment of just your name. Ensues iciness. But add ‘‘of ecutive editor—including hockey and deben- Beijing’’ (July 3), forced the U.S.-China sum- the New York Times,’’ and you expect to be tures, for heaven’s sake. mit meeting to deal with the persecution of invited right over and usually are; nice. Mostly the passions had to do with human house church Christians and Tibetan Bud- ‘‘Our proud New York Times’’—sounds ar- rights, violations of—like African women dhists to a far greater degree than either rogant and is a little, why not? But the pride having their genitals mutilated to keep government wished. The outrage expressed is individual as well as institutional. For them virgin, and Chinese and Tibetan polit- by Mr. Rosenthal in his May 1 column, members of the staff, news and business, the ical prisoners screaming their throats raw. ‘‘Clinton’s Fudge Factory,’’ leveraged the pride is in being important to the world’s I wrote with anger at drug legitimizers and story of New York Times correspondent best paper—and hear?—and being able to rationalizers, helping make criminals and Elaine Sciolino into a reshaped, reenergized stretch its creative reach. And there is pride destroying young minds, all the while with political debate over religious persecution knowing that even if we are not always hon- nauseating sanctimony. legislation. See also his April 24 column, est enough with ourselves to achieve fair- As a correspondent, it was the Arab states, ‘‘Clinton Policies Explained.’’ Mr. Rosen- ness, that is what we promise the readers, not Israel, that I wanted to cover. But they thal’s May 12 column, ‘‘The Simple Ques- and the standard to which they must hold us. did not welcome resident Jewish correspond- tion,’’ framed the House debate on the Free- I used to tell new reporters: The Times is ents. As a columnist, I felt fear for the whit- dom From Religious Persecution Act and far more flexible in writing styles than you tling away of Israel strength by the Israelis, played an instrumental role in the over- might think, so don’t button up your vest and still do. whelming House vote that adopted it. His and go all stiff on us. But when it comes to I wrote about the persecution of Christians August 7 and October 2 columns, ‘‘Freedom the foundation—fairness—don’t fool around in China. When people, in astonishment, From Religious Persecution: The Struggle with it, or we will come down on you. asked why, I replied, in astonishment, be- Continues’’ and ‘‘They Will Find Out,’’ Journalists often have to hurt people, just cause it is happening, because the world, in- played key roles in rescuing the Senate by reporting the facts. But they do not have cluding American and European Christians version of the legislation from a demise that

VerDate 29-OCT-99 06:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.157 pfrm02 PsN: H09PT1 H11832 CONGRESSIONAL RECORD — HOUSE November 9, 1999 had been confidently predicted by the Ad- As my colleagues have heard, the leg- freon; the importance of keeping space devel- ministration and the business community. islature is coming to an end. And it opment under civilian control; and the neces- We respectfully submit that the Rosenthal would be a very sad end if we did not sity of monitoring global climate change. In columns on religious persecution merit a pay tribute to one of the most distin- due time, Congress adopted these issues as Pulitzer Prize for Commentary if only because they broke new ground on an impor- guished California citizens to ever legislation. tant subject, and did so with accuracy, force- serve in the United States Congress, Style of argument: Brown cultivated a polite fulness and passion. We also believe that re- our beloved George Brown, who passed and courtly style of argument. His reliance on lated and perhaps even stronger grounds away this year as a Member of the reason coupled with the respect he showed exist for the award to be granted. House. his opponents made him a very effective ad- First, the Rosenthal columns enhanced the So tonight, surrounded by his family vocate and enabled him to form alliances with institutional credibility of the press with and friends, Members of the California people of all political parties. many religious believers who had seen the delegation and other States have come Human qualities: Cigar chomping, rumpled mainline press as patronizing if not hostile. forward and would like to express their suit, pacifist, social democrat, fierce idealist, a They were read and cherished by millions, maverick. At UCLA, he helped create some of not only in the New York Times, but also feelings and sympathies for the great through mass recirculation in denomina- life of a great man who served longer in the first cooperative student housing and was tional newsletters, religious broadcasts and the United States Congress than any first to integrate campus housing by rooming actual worship services. They educated many other Member in California history. with Tom BradleyÐthe future Mayor of Los to the power and virtue of a free press. I am very pleased to be able to share Angeles. Joined the Army despite his pacifist Next, the columns played a central role in this hour of colloquy, hour of memorial leanings in order to serve the country. the enactment of major, potentially historic resolutions with the gentleman from Inspiration to California Democrats: The cur- legislation. As nothing else, they galvanized California (Mr. LEWIS), my esteemed rent California Democratic party is replete with and sustained the remarkable interfaith individuals who worked on Brown's several movement that supported the legislation, colleague and very close friend of George Brown and his neighbor. campaigns, including Senator Boxer. Dean of and ensured Congressional attentiveness to the California Congressional Delegation. He the issue. It can be categorically stated: I would like to call upon the gen- Without the Rosenthal columns, the Inter- tleman from California (Mr. LEWIS) was our hero, and our inspiration to continue national Religious Freedom Act of 1998 first. And then we are going to be shar- championing good and fighting evil. Mr. Speaker, I yield to the gentleman would not have become law. ing, as Members want to express their from California (Mr. LEWIS), my col- Finally, we believe that the Rosenthal col- concerns and try to keep their remarks league and esteemed friend, the chair umns legitimated today’s increasing cov- to several minutes. Because we can see erage of anti-Christian persecutions in coun- of the Republican delegation from Cali- there are many people here that want tries like India, Pakistan and Indonesia, and fornia. generated new perspectives on the coverage to speak. Mr. LEWIS of California. Mr. Speak- of countries ranging from China to Egypt, Mr. Speaker, ``I believe in human dignity as er, I appreciate my colleague yielding. from Sudan to Vietnam. Until the Rosenthal the source of national purpose, human liberty Mr. Speaker, I am wondering, let me columns, the notion of Christians as victims as the source of national action, the human ask my colleague a question if I can by rather than victimizers didn’t seem quite heart as the source of national compassion, plausible to many editors and reporters. The way of procedure. I know there are and in the human mind as the source of our Members on both sides who are asking fact that it now does is a powerful tribute to invention and our ideas.'' JFK quote. what the columns have done. for time, etcetera, and I have made a Seldom in our experience has a single voice He was a great man and a distinguished list and so on. Should we kind of divide been so instrumental in raising public con- public servant; 45 years of public service; 36 this time in a way that I can distribute sciousness on an issue of such major impor- years in the House, the longest serving Con- time and ask the Chair for unanimous tance. The passion and integrity of the gress member in California history. consent for that? Rosenthal columns on religious persecution Won first electionÐas Monterey Park city Mr. FARR of California. I have no ob- have transformed American policies and in- councilman and became mayor one year later. jection. stitutions, and religious liberty throughout Member of the California State Legislature. The SPEAKER pro tempore. Under the world. American journalism has long First elected to U.S. Congress in 1962. Unlike the procedures of this Special Order, been honored by Mr. Rosenthal’s work, but other politicians, he did not read the pollsÐNo never more so than by his pathbreaking col- the gentleman from California (Mr. umns on a subject that he, often alone, other member of Congress cast more ``un- FARR) controls the time and distrib- moved a nation to care about and to act. safe'' votesÐand live to tell the tale. utes the time. Very truly yours, Best known for his work on science and Mr. LEWIS of California. If he yields Elie Wiesel, Virgil C. Dechant, Rabbi technology: ``With his passing, science and half of it to me, then can I distribute Norman Lamm, John Cardinal O’Con- technology lost its most knowledgeable advo- it? nor, Rabbi Alexander Schindler, R. cate, he embraced the future by articulating a The SPEAKER pro tempore. There is Lamar Vest, Wei Jingsheng, William vision that includes harnessing science and an hour on the clock, which is reserved Bennett, Lodi G. Gyari, Bette Bao technology to achieve sustainable develop- Lord, Paige Patterson, James M. Stan- to designees of the Leadership; and the ton, Commissioner Robert A. Watson. ment.'' Chair will not recognize for subdivi- George Brown quote from NY Times inter- sions of that hour. We thank him for his commitment to view: ``From my earliest days, I was fascinated Mr. LEWIS of California. Mr. Speak- the people. by science. I was fascinated by a utopian vi- er, I very much appreciate any col- f sion of what the world could be like. I've league yielding. Let me say that I intend to make the ANNOUNCEMENT BY THE SPEAKER thought that science could be the basis for a bulk of my remarks at the end of this PRO TEMPORE better world, and that's what I've been trying to do all these years.'' session. But let us begin by indicating The SPEAKER pro tempore. The He had the foresight to champion the cre- to the body that oft times, especially Chair, without it being considered a ation of the Environmental Protection Agency, with the advent of C-SPAN, the public precedent for changing the proper se- the Office of Technology Assessment, and the very often sees only the confrontation quence of Special Orders, and pursuant Office of Science and Technology Policy. Rec- between the two sides of the aisle, de- to the unanimous consent request of ognized leader in forming the institutional bate swirling around very important the majority leader, will recognize the framework for science and technology in the issues that sometimes takes us to the gentleman from California (Mr. FARR) Federal Government. Led effort to move the extreme of expression and confronta- for 1 hour without prejudice to the re- National Science Foundation into more active tions that is the presumed norm. sumption of 5-minute Special Orders. roles in engineering, science, education and I must say that, over the years, I f the development of advanced technologies. have had great pleasure in the fact Had the vision, courage and integrity to that George Brown and I found working TRIBUTE TO LATE HON. GEORGE have remained ahead of the mainstream: In together that we had so much more in BROWN the California Assembly authored first bill in common than our people who watch us Mr. FARR of California. Mr. Speaker, the nation to ban lead in gasoline. Recog- on the football team of politics in our I appreciate the consideration given to nized, early on: the environmental hazards of home district territory would ever re- this special order. burning fossil fuels; the destructive effect of alize.

VerDate 29-OCT-99 06:34 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.160 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11833 For the Members’ information, our know that she will continue Mr. legislation. In fact, he introduced the commonality for me began when as a Brown’s legacy of boundless curiosity first bill in the Nation to ban lead in young person just out of college enter- and forging public policy that advances gasoline in the early 1960s. ing the life insurance business, I set- social justice. He was elected to the House of Rep- tled in a small town outside of Los An- Representative Brown, who became resentatives in 1962 where he fought for geles for a couple of years to be close one of my best friends here, embodied passage of the Civil Rights Act of 1964 to the big city. the best that the House of Representa- and worked hard to stop U.S. participa- The local assemblyman at that point tives has to offer. He was committed to tion in the Vietnam War. His career of in time was one George Brown, and public service, fought for social justice public service spanned more than 40 that is when I first heard of this legis- and became the Nation’s foremost pol- years. He truly was a legislator for all lator and friend to be. icymaker when it came to science and seasons and the breadth of his interests Not too long after that, George technology. He was a good listener and spanned many horizons, from space ex- sought his seat in the U.S. House of that is one of the reasons he was so ploration to social justice. successful. He took the time to under- Representatives and served there for a Mr. Speaker, this House is a better stand his constituents and their prob- distinguished period of time that was a place because George Brown served lems. He believed that lawmakers part of his distinguished career. He here. I am proud to have known him should do their own homework, learn then sought a seat, or at least the nom- and the country has moved forward be- the issues and know how the issues af- ination, in the U.S. Senate and left the cause of his service in this Chamber. Congress for a while. fect their constituents. He prided him- In the meantime, I had returned self on doing his own research. Mr. FARR of California. Mr. Speaker, home to San Bernardino County. It was I served with Mr. Brown on the House I yield to the gentleman from Cali- years after that initial contact in Mon- Committee on Science and the longer fornia (Mr. LEWIS) who will yield to terey Park that I got to know George we served together, the greater my ad- other Members from California. as a candidate for the Congress in our miration for him grew. As chairman of Mr. LEWIS of California. I appreciate territory near his former home in Col- the House Committee on Science dur- my colleague yielding. It is my privi- ton, California. He served in the Con- ing the 102nd and 103rd Congresses, he lege to yield to the gentleman from gress for a period of time before I ar- reached the pinnacle of his legislative California (Mr. CALVERT). rived here. But over the years, we de- career. He was the recognized leader in Mr. CALVERT. I thank the gen- veloped a very, very close personal re- forming the institutional framework tleman for yielding. George Brown. I lationship. for science and technology in the Fed- am a conservative. George was an un- Most importantly, we developed a eral Government. He worked tirelessly abashed liberal. We were opposites in professional relationship, as well. And to expand the scope of NASA as one of this business. But most importantly, as his wife Marta that is in the cham- the Federal Government’s lead agen- George was my friend. I certainly put bers with us in person but in spirit in cies in promoting research and devel- forth my sympathy to the family, many more ways, along with her fam- opment. Marta, everyone that is here today. ily, it is my privilege to share with my In the 1960s and again in the 1980s, he I have got to talk about my first colleagues the thoughts of some of the helped restructure the National memory of George Brown. I was in our Members on this side of the aisle as we Science Foundation by directing that family restaurant in Corona, Cali- distribute time to them and we very agency into more active roles in engi- fornia. George was our Congressman. I much look forward to hearing a great neering and the development of ad- think I was probably 11 years old or so deal about this wonderful character vanced technologies. He also redirected at the time. He was sitting there with who was a wonderful diplomat as well the National Science Foundation to be- my father having a drink and smoking as ambassador here in the House of come the Nation’s lead Federal agency a cigar, arguing the issues of the day, Representatives. in promoting mathematics, science, en- very passionately. George was a very gineering and technology. His efforts b 2030 passionate person, someone who be- have had a lasting impact on the devel- lieved very strongly in what he be- GENERAL LEAVE opment of these disciplines for kinder- lieved in and would advocate those Mr. FARR of California. Mr. Speaker, garten through 12th graders and more. issues and beliefs very ably here on the I ask unanimous consent that all Mem- He recognized that today’s students floor. bers may have 5 legislative days within will become tomorrow’s workers. To be As I mentioned, he was my Member which to revise and extend their re- successful, these students must be of Congress since I was a young boy marks on the subject of my special technologically fluent and that will and all through high school. As a order today. not happen without a strong commit- young Republican campaigning for peo- The SPEAKER pro tempore (Mr. ment from the Federal Government ple against George in the early days, I WALDEN of Oregon). Is there objection working hand in hand and in coordina- remember one time George giving me a to the request of the gentleman from tion with the private sector. He under- call one time and we had an opponent California? stood that fact. There was no objection. He developed legislation that estab- running against him. He called me up Mr. FARR of California. Mr. Speaker, lished the Office of Science and Tech- and he said, ‘‘Can you get that guy to I yield to the distinguished gentle- nology to focus the Nation’s policy in run against me one more time?’’ He always had a sense of humor. He always woman from Texas (Ms. EDDIE BERNICE these areas. In the 1970s, he cham- participated in debates. JOHNSON). pioned the creation of the Environ- Ms. EDDIE BERNICE JOHNSON of mental Protection Agency and the Of- I have got to admit, one time we had Texas. Mr. Speaker, let me thank the fice of Technology Assessment. He also a debate and he came up to the podium, gentleman from California (Mr. LEWIS) directed the Congress toward and he looked over at the audience and and the gentleman from California (Mr. groundbreaking initiatives for energy he said, ‘‘Look. I’m overweight, I prob- FARR) for setting aside this time to and resource conservation, sustainable ably smoke too much, I don’t dress as give tribute and salute to George agriculture, wind energy, global cli- well as I should.’’ Everybody looked at Brown, our House colleague who died mate change research and space explo- him aghast. He looked over at his oppo- earlier this year after representing his ration. Throughout his career, he en- nent and said, ‘‘I just thought I’d point constituents in California for more thusiastically supported both piloted that out before my opponent did.’’ than 34 years. He is survived, as it has space flight and nonpiloted space ex- He had a great way about him. He en- been said, by his wife Marta and their ploration. deared himself to all of us. George, six children. She is here with us in the Before being elected to the Congress, most importantly, was known for the Chamber and we are delighted to see he was the mayor of Monterey Park, business that he conducted here in the her. Many of us are aware of Marta’s California. Later he was elected to the House. Certainly he was a chairman of strong interest in public service and California State Assembly where he the Committee on Science, was known her commitment to social change. I worked on labor and environmental as Mr. Science. He had a deep love of

VerDate 29-OCT-99 06:27 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.232 pfrm02 PsN: H09PT1 H11834 CONGRESSIONAL RECORD — HOUSE November 9, 1999 science and the institutional framework but one that really shows his de- In 1962, he was elected to Congress. work for science and technology in this votion to science and his love of what Thirty years later, I was fortunate to government. we are trying to do in this country to be elected to Congress and to become a In the mid 1960s and again in the make it a better country for all of us member of his Committee on Science 1980s, he led an effort to restructure as Americans. when he was the chair. In recent years, and strengthen the National Science Mr. Speaker, with that I would like as chair of the Committee on Science, Foundation, moving the agency into a to say I am going to miss George, I am George began to challenge the sci- much more active role in engineering, going to miss seeing George right over entific community to reflect on the so- science education and the development here on the House floor on a daily basis cial implications of their work and the of advanced technologies. He developed and going over and having our daily ethical obligations that come with legislation shaping the permanent chats, chitchatting about what is going their high standing. science advisory mechanism in the Ex- on at home in the Inland Empire and Every day I mourn the loss of this ecutive Office of the President, which working with him to make the Inland gentleman leader. I sometimes wonder was established in 1976 as the Office of Empire a better place. But I will work how we will meet the demands of a Science and Technology Policy. He was hard to make our area a better place world and a Nation challenged by the a strong proponent of environmental for our constituents. It is going to be need for a technically educated work- preservation and of science and tech- more difficult without George. force without our leader George Brown. Mr. FARR of California. Mr. Speaker, nology in the service of society. b 2045 I would like to think that George as you can see, George Brown was not would be very interested in what we only loved in southern California but Mr. Speaker, it was truly an honor to are trying to do in technology advance- also in other States. The gentlewoman have known and served with George. ment for clean air, especially as re- from California (Ms. WOOLSEY) is from His years spent on Earth, his dash, as gards components such as sulfur and Marin County. He was loved in the his son reminded us, is the story and other issues that we are advocating north as well as in the south. legacy of a wonderful person. today in this House. Ms. WOOLSEY. I thank the gen- Mr. FARR of California. Mr. Speaker, George championed the establish- tleman for yielding. I yield to the gentleman from Cali- ment of the EPA and the Office of Mr. Speaker, I rise to pay tribute to fornia (Mr. LEWIS). Technology Assessment in the early a most wonderful person, our former Mr. LEWIS of California. Mr. Speak- 1970s. He helped advance initiatives for colleague and friend George Brown. I er, I yield to the gentleman from New energy and resource conservation, sus- want to reflect on a comment from a York (Mr. HOUGHTON), a member of the poem that was read at Representative tainable agriculture, national informa- Committee on Science. Brown’s memorial service by his son. tion systems, advanced technology de- Mr. HOUGHTON. Mr. Speaker, I For me, the essence of that poem, velopment, and just so much more in thank the gentlemen from California, ‘‘How Do You Live Your Dash,’’ sums the integration of technology in edu- Mr. FARR and Mr. LEWIS, for organizing up why I so respected and admired cation. this tribute to George Brown. He enthusiastically supported both George Brown. George’s ‘‘dash,’’ those Mr. Speaker, I am tempted to speak 79 years between his birth in 1920 and manned and unmanned space explo- for the RECORD, as we all do here, and his passing this summer is the symbol ration. What an advocate on the floor. go over the distinguished points of of a person who witnessed, participated We worked together as Californians for George’s life as he was a Member here in and positively impacted many, many the space program and he was an excel- in terms of his support for NASA and of the most important events of mod- lent advocate for space. His reputation the Space Station before it was even a ern American life. priority with him, what he did in set- on the Committee on Science helped Years before George formally entered ting up the Office of Science and Tech- him bring NASA participation and sup- political life, he was actively engaged nology in the White House, and of a port for schools and businesses in the social and political issues facing whole variety of things; the environ- throughout the Nation and his district. our country. As a student at UCLA, ment, and a series of things like this. On a personal level, we put together George helped create cooperative stu- But I would really like to, and I am a Salton Sea Advisory Committee. dent housing. He worked to break the not sure whether that is appropriate, Five of us originally, myself, the gen- racial color barrier by organizing the but I would really like to speak to tleman from California (Mr. LEWIS), first integrated campus housing in the Marta and the family, because I felt Sonny Bono, George, and the gen- late 1930s. He was a conscientious ob- that George was sort of one of my fam- tleman from California (Mr. HUNTER). I jector during World War II and worked remember one meeting that we had in in a Civilian Conservation Corps camp ily when I was here. Sonny Bono’s office, this was in De- in Oregon. Yet later he decided to join I am a Republican. I did not go to the cember, just before Christmas, we were the military and served as a second Democratic Caucuses. I many times all talking about what we were going lieutenant in the Army. voted differently from George, but I al- to do to save the Salton Sea. This was After the war, returning to Los Ange- ways felt I was on the same wave something that was so passionate to les, he continued his work, organizing length. George. He loved the sea. He was raised city workers and calling for veterans I will mention, what specifically there by the sea, in Imperial County, housing. keyed this to me was our fight for the and wanted to see something done for In 1964, George was elected to the Office of Technology Assessment. We future generations for the sea and for Monterey Park city council. Building both believed in science, George com- the environment around the sea. on his past activism, his political work ing from a more academic and political Shortly thereafter, Sonny was gone, and style was a true reflection of his atmosphere, and I coming from more of and now George. So two out of the five values. Always the gentleman legis- a business atmosphere. But we believed original members of the Salton Sea Ad- lator, as a city councilman, in the that it was important that this body visory Committee are gone. But now State Assembly or as a Member of this have a scientific group that interpreted we have new Members. Mary Bono is body, George was guided by his belief new science as it was coming along, working hard to see the future of the that through persuasion and reason, he new technology that was being applied sea and the rest of us. It is, I think, our could and he would build a better soci- in the workplace, so we could gear our responsibility in George’s memory to ety. legislation more to those things which make sure that we do the right thing As we all know, Mr. Brown cultivated are important for our future, rather and to make sure that the Salton Sea a polite and courtly style of debate, than becoming just a commodity pro- is something that everyone has a pleas- often tinged with humor and with self- ducer, which we would rapidly regret. ant memory of in the future. deprecation. He believed that public So we fought the good fight and we In his memory, we are renaming the service was a noble calling and he dem- lost, but in the losing of it, we forged a Salinity Laboratory on the UCR cam- onstrated in his ensuing 45 plus years tremendous bond of respect. pus the George Brown Salinity Labora- in the political arena that one indi- First of all, about his appreciation of tory. It is just one small example of his vidual can make a difference. science, I am a big believer of this. I

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.234 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11835 think all of us here feel this way, that there. No matter how full this Chamber be successful, you called me to be the reason our country is what it is is ever was, I knew exactly where to find faithful. And that he was, to what he obviously because of the human en- George Brown, to either ask him how believed in and what was best in hu- deavor and the enterprise, but the abil- he was, what was happening in the manity. He never left anyone behind. ity to take chances and to reach out. committee, what he thought about a I think for that reason, Marta, he Marta, you and your family come vote, or just in general, how everything walks now not only among the stars from the State that is doing it all now. was. You would find him leaning right but among the saints. Thank you for What is happening in Silicon Valley is there. sharing George Brown with us. God the thing that is going to determine I always thought, a penny for your bless you, George. I will always picture the next century, and maybe even be- thoughts, George. What do you think you standing there at that bench, and I yond that. He believed in that. He as you look out at us? Because he was do not think that there is anyone that thought it was endemic, he thought it a very knowing individual. could ever come into the Congress to was important for the very lives we I have the privilege of coming onto take your place. You will always, al- were leading every single day, not just the Committee on Science as a fresh- ways be a Member here and part of our scientists, not just politicians, but man, and before I was sworn in we had delegation. schoolchildren. something in California, and I am try- Mr. FARR of California. I thank the But also, it gave me an opportunity ing to remember, was it the California gentlewoman very much. to know George as a human being. Institute that had put it together, and Mr. Speaker, I yield to the gentleman There are a lot of people we meet it was the day after the elections. from California (Mr. LEWIS). around here that are sort of different. I went to George Brown because he Mr. LEWIS of California. Mr. Speak- er, I yield to the gentlewoman from They have their own ideas. They are all was there at this, where all of the Cali- California (Mrs. BONO), George Brown’s bright, they are all motivated, they are fornians were gathered, and said, I colleague in concern about the Salton all decent, they have high integrity, would like to serve on your committee. And he put that wonderful arm around Sea and many other things. but there is always something special Mrs. BONO. Mr. Speaker, I thank the me, he was like a big California bear about the chemistry between people. I gentleman for yielding. always felt I had this with George. with a big heart, and said, I would love Mr. Speaker, inscribed in an office I really do not have a lot more to to have you on my committee, Anna. building in California’s capital Elipse say, other than thank you for letting And that was my welcome. It is not is the quote, ‘‘Give me men to match us share the life of your husband with that easy to get on a committee in the my mountains.’’ My late friend and us. Congress, and what a welcome that colleague, George Brown, was such a Mr. FARR of California. Mr. Speaker, was. man. No one knows this better than his I thank the gentleman for those very You could find George Brown. Unlike wife, Marta, his family, friends, and his dear and personal remarks. any other person in this House, if you loyal staff members. I yield to another colleague, the gen- wanted to find him at his office, you Today our thoughts and prayers are tlewoman from California (Ms. ESHOO). could. When you walked in the door, he with George and those who loved him. Ms. ESHOO. Mr. Speaker, I would was not returning other people’s phone A great man of modest origins, George like to thank my California colleague calls. Do Members know what he was was neither pretentious nor physically and the chairman of the Democratic doing? He was reading the journals, the imposing, but the strength of his con- delegation of the State of California technical journals, the scientific jour- victions and the depth of his intellect for yielding. nals that had been published, that mas- combined with an unwavering belief in I think for the American people that terful intellect applied to the good of the ideals that he held dear made him are tuned in this evening and listening our Nation. a welcome ally and formidable foe. to us after hours, that this is a little In 1961 President John Kennedy chal- Although I do not share his liberal different than what they are exposed to lenged America to put a human being philosophy, I share the commitment he during the day in our very heated de- on the moon before the end of 1969. had to fighting for what he believed bates that sometimes generate more That was a huge challenge. We take for was right. George Brown recalled a heat than cast light. But this is a very granted what happened, and thousands more gentle era of politics and, indeed, worthy program to tune into. This is of individuals throughout our country society. With his rumpled trappings when I think Members of the House listened to this call and took him up on and self-effacing style, always cour- really rise and exhibit the best of what his seriousness, and what that meant teous in debate, George could charm America is about, when we recognize not only for our Nation but what it his opponents while subtly skewering the humanity that is here in this meant for us as a Nation, as a global them with the scientific precision of Chamber. leader. Many worked in their own sig- his arguments. So tonight we not only mourn the nificant way to accomplish that feat. Although he was the physical embod- passing of our colleague, our beautiful One of them was George Brown. iment of the old cigar-smoking pol, he colleague, that beautiful human being, How indebted we are to him as a Na- always talked straight and let the pub- George Brown, but it is an evening for tion for his leadership and his courage. lic know where he stood on the issues. remembering him, as well. So I join Many of us, as I said, take these deci- He never hid his politics within smoke- with not only my California colleagues, sions for granted and these accomplish- filled back rooms, nor did he waiver and the gentleman from California (Mr. ments for granted once they take from his liberal beliefs that defined his LEWIS), who has so ably chaired the Re- place, but it always takes individuals political philosophy. publican delegation from California, a of courage and vision to make them George was also ahead of his time. very dear friend of George Brown’s, but happen. Long before it was politically correct, the rest of our colleagues in remem- I think George Brown always made he was a champion of civil rights. Dec- bering him and what he brought not sure that we were looking toward the ades before the Vietnam War, he was a only to this institution but to the stars. I think that just as we had conscientious objector to wars, al- country that we have all come here to Americans that walked on the moon though he later served his country as a serve. that were launched, that he today is second lieutenant in the Army. All of the States are memorialized walking among the stars and in heav- Before the term ‘‘environmentalist’’ here in our Chamber, and we from Cali- en. He certainly has earned it. We are, became fashionable, he worked in the fornia are so proud of this son of Cali- indeed, a grateful body, and we are Civilian Conservation Corps in Oregon, fornia, and what he did here. grateful to his constituents for sending and, of course, as a scientist he advo- I do not think that there are really him to us. He was a gentle man, he was cated the use of science to improve not any words that do justice to George a refined legislator, he was a proud Cal- only the lives of everyday Americans, Brown, because he was a very full fig- ifornian, he was a compassionate but also to lay the foundation for a ure, not only physically, but he had so human being, and I thought that when better world. many dimensions to him. Every time I God called him, that he could really As the distinguished chairman of the look at this desk, I picture him leaning answer and say, you didn’t call me to House Committee on Science, he never

VerDate 29-OCT-99 06:31 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.236 pfrm02 PsN: H09PT1 H11836 CONGRESSIONAL RECORD — HOUSE November 9, 1999 allowed partisanship to interfere with b 2100 mensioned person. He was a gracious the integrity of his scientific prin- He is a staunch defender of civil lib- gentleman. At the same time, he was a ciples. Really, that is the greatest les- erties, he is an absolute believer in great scholar. He was also a wise lead- son I learned from this wonderful man. civil rights and, he said, he is the ulti- er. In spite of that, he was self-depre- Regardless of the issue, George be- mate rational man. And I think that cating and self-effacing. A marvelous lieved that you could work together to really does describe George. person in so many different ways. find common ground, that rancor and He did yeoman’s service here as a Mr. Speaker, what particularly political attacks had no place in a civ- Member of the Committee on Agri- struck me was that in a very partisan ilized institution. He may have dis- culture and as chairman of the Com- institution, he was willing to ignore agreed with your politics, but he would mittee on Science. But I think his partisanship to help a new Member to never treat you as less of a person be- greatest service to the House was sim- discuss the history of specific issues cause of your political differences. ply his uncompromising political in- and also acquaint me with the history I had the privilege and pleasure of tegrity and his uncompromising dis- of previous actions of the Congress. working closely with George on an dain for hypocrisy, which we often find He was also very willing and freely issue that was close to both of our a lot of in this town. gave of his advice to me as a newcomer hearts, saving California’s Salton Sea. I often kidded George. I told him that and I found his advice very helpful. He George probably knew more about the he reminded me of that wonderful char- was a great person in so many ways problems facing the sea and the rel- acter on British television, ‘‘Rumpold and so many senses of that phrase. We evant science than any other Member of the Bailey,’’ the British barrister rarely meet great people throughout of Congress. As a scientist, he probably who constantly defended unpopular our lives, but when we do we imme- knew more than many of the experts causes, much to the chagrin of his law diately know that we are in the pres- who are currently working to find a so- firm and his wife. And I told George ence of greatness and we also appre- lution to this looming environmental that I thought not only did he have a ciate it. That is the way it was with crisis. slight resemblance to Leo McKern, the George Brown. He was born and raised near the sea, actor who played the part, but that As I said, he was a great man. I knew and spent years studying its decline. also his style was the same, because he it when I first met him. I appreciated it He was passionate in his belief that he really did stand up for causes and peo- even more as I continued to work with could restore it. That is what I will al- ple who had very few defenders, and him on science issues and we had a ways remember about George Brown, that is what this institution often great kinship on that score. his quiet certitude that our democratic needs. I certainly appreciated him, the work system can be made to work if we are Mr. Speaker, I think this place will he did, and particularly his friendship only willing to work together. George miss him greatly. He was a superb pub- with me and his attitude towards the proved time and time again that you lic servant. He served California well. Congress and towards advancement of could find common ground to advance He served the country well, and I am science. We will all miss him greatly, a common good. I will try to honor his grateful that after he ran for the Sen- and I will especially miss him. I just memory by following his example. ate, he returned to this body and wanted to take this opportunity to ex- I want to say also to his widow, graced us with his many years of serv- press my condolences to the members Marta, I remember sharing many, ice, teaching us every day that public of the family and to thank them for many a plane ride with George and interest comes before private interest. their willingness to share George with Mr. FARR of California. Mr. Speaker, Marta Brown between the Capitol here us. I now yield to the gentleman from Cali- and Southern California. Every time Mr. FARR of California. Mr. Speaker, fornia (Mr. LEWIS). I thank the gentleman from Michigan we flew together George and Marta had Mr. LEWIS of California. Mr. Speak- (Mr. EHLERS) very much, and I appre- a wonderful embrace for me after I lost er, I yield to the gentleman from my husband, Sonny. ciate the remarks and I know the fam- Michigan (Mr. EHLERS), a member of ily does as well. I have spoken with Marta on a couple the Committee on Science. of occasions about her beliefs and her Mr. EHLERS. Mr. Speaker, I thank Mr. Speaker, the great State of Texas dedication to public service and her the gentleman from California (Mr. may be a big State, but it is not as big as the heart of George Brown. To speak dedication to also restoring the Salton LEWIS) for yielding me this time. It is Sea. I just want to wish Marta Brown a pleasure to speak here about George for that State is the gentleman from the greatest of strength and God speed Brown, even though it is also tinged Texas (Mr. LAMPSON). in the years ahead. with a good deal of sadness. Mr. LAMPSON. Mr. Speaker, unlike Mr. FARR of California. I thank the I knew about George Brown a long so many of our colleagues who have gentlewoman from California (Mrs. time before I met him. In fact, my first spoken, I did not know George Brown BONO) for those beautiful remarks. Mr. acquaintance with him dates back to before I came to Congress. And when I Speaker, I yield to the gentleman from the mid-1970s when, as a nuclear physi- learned that I would have the oppor- Wisconsin (Mr. OBEY), a person on cist and a county commissioner, I was tunity to work alongside the late whose shoulders the last few days of appointed by the American Physical George Brown, who served for 32 years this session are dependent, the ranking Society to the committee to select on the Committee on Science, 321⁄2 member of the Committee on Appro- science fellows for Members of Con- years of his 18 terms, I was quite priations, the former chair, a good gress. One of those we selected ended pleased and thrilled, having been a friend of George Brown. up working for Mr. Brown. I got to high school science teacher for the Mr. OBEY. I thank the gentleman for know him quite well and talked to him time during the 1960s and watching and yielding, Mr. Speaker. regularly and he has described Con- knowing of what his work consisted. I remember the first time I ever met gressman Brown in very glowing terms. While Congressman Brown served as George Brown. I came in that door on And after that, for some 20 years, I chairman of the Committee on Science the side of the Chamber. I was elected watched the progress of Mr. Brown and during from 1991 to 1994 and ranking on April Fools Day of 1969. George the wisdom of his work through the member from 1995 to 1999, he worked came up to me right after Easter when science media. diligently to create the institutional we got back, he came up to me, and I It was a pleasure when I first arrived framework necessary to bring science had not met him before. He said, my in the Congress in early 1994 to make and technology into the Federal Gov- friend, Bob Kastenmeier, tells me you his personal acquaintance and to serve ernment. And from the mid-1960s on, he are to be trusted. And I did not know on the Committee on Science at the led an effort to restructure and what that meant, I did not know who time, he was chairman. Also, I worked strengthen the National Science Foun- he was. But that was his way of intro- with him after the time when he be- dation, moving the agency into much ducing himself to me. came the ranking member and the Re- more active roles in engineering, I asked Bob Kastenmeier the next publicans were chairing that com- science education, and the develop- time I saw Bob, I said, tell me about mittee. ment of advanced technologies. this George Brown fellow. Well, he He was a striking person in many I guess I came to Congress expecting said, he is a gutsy antiwar hero. ways, and I found him to be a many-di- more camaraderie and less partisanship

VerDate 29-OCT-99 06:36 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.238 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11837 than what I have seen so far, but for help people. That was his basic philos- Finally, let me just say that George me it was George Brown who I will re- ophy. Government should help people. Brown, even though we ran candidates member as the statesman and the con- It was as simple as that, because against him, never held a grudge. I re- sensus builder on the Committee on George Brown loved people. member him telling me right down Science. And in addition to that, he de- Mr. Speaker, I am a conservative. I there standing with me, ‘‘Well, you fel- veloped legislation that created what have a little bit more suspicion about lows always run somebody against me. later became the President’s Office of government, and that is my philos- And even though Dave Dreier likes me Science and Technology Policy and ophy. George respected that. There was a lot, I know that we are friends, but pushed for the development of the En- no situation where he thought he was don’t worry. We are going to work all vironmental Protection Agency and above me because he wanted to help of these things out and we have all of the Office of Technology Assessment. people through government and I am these things we have accomplish to- Throughout his impeccable congres- suspicious of government. No, he was gether.’’ And sure enough, he never sional career, George Brown pushed the an honest Democrat as well. He be- held a grudge and we worked so well envelope not only for NASA and the lieved in democracy and believed in together. human space exploration program, but this system. Mr. Speaker, he is going to be Again, he treated differences, as we also, as we have already heard, for civil missed. I am going to miss him. Every- have heard today, with a great sense of rights, the environment, even family body else here is going to miss him. He humor. With his sense of humor he farmers throughout the Nation. loved us. He loved his constituents. He made this a really nice place and a While I was only able to spend 21⁄2 loved his country. He had a good heart good decent place to work and added a years getting to know George, the sto- and we loved him. I loved George great deal to the cooperation we have ries that I have heard continue to Brown very much and I am going to make me smile and will keep him in had in this body. Let me just say that being someone miss him very much. My heart goes out my memory for an awful long time. of a different philosophy, we ran people to Marta and just condolences to the Chairman George Brown cannot be re- against George Brown. Here we are whole family. And I guess I cannot say placed and he will be sorely missed by commemorating George Brown. Let us much more except all of the great everyone who knew him. Thank you remember those of us on this side of things that he did in the Committee on and God bless the family. the body ran good candidates against Science, they are going to go on help- Mr. FARR of California. Mr. Speaker, George Brown every time. Marta will ing America for a long, long time. A lot I now yield to the gentleman from Cali- certainly, I know, confirm that he had of people are going to benefit from fornia (Mr. LEWIS). some tough races out there. But guess those things. They are not going to re- Mr. LEWIS of California. Mr. Speak- what? George Brown won every single member George’s name, because in 50 er, I yield in turn to our colleague from race. Every time we put somebody up years none of our names are going to California (Mr. ROHRABACHER) who against him, his constituents returned be remembered. But he has done a lot served several years with George him because as we found out, George of good for this country and certainly Brown on the Committee on Science. Brown was much beloved by his con- those of us who served with him will Mr. ROHRABACHER. Mr. Speaker, I stituents, Republicans and Democrats never forget George Brown. have to say, everybody has got a alike. We had trouble getting the Re- Mr. FARR of California. Mr. Speaker, hushed tone tonight remembering publicans not to vote for George I thank the gentleman from California George. I do not remember him in Brown, they loved him so much. (Mr. ROHRABACHER). hushed tones. This guy was a fellow. He The reason they loved him out there Mr. Speaker, I would like to now call just had so much life about him and is because he loved them. There was a on the gentlewoman from California there was so much goodness about great deal of goodness and love in (Mrs. CAPPS). She and the other gentle- George Brown and he was right out George Brown’s heart. He was a man of woman from California (Mrs. BONO) front on everything. integrity and that could be seen for share something in common with He was certainly my chairman, he sure early on in his life. We could see it Marta Brown. They have all lost their was my colleague, and he was a friend. here. But if one studies George Brown’s husbands while serving in Congress. He was chairman of the Committee on history early on in his life, he took a Mrs. CAPPS. Mr. Speaker, with a sad Science, and I was on the committee. I stand against the war in Vietnam. He heart and also a smile of remembrance, am still on that committee. I am now was one of the first ones to recognize I rise to pay tribute to our beloved col- the chairman of the Subcommittee on what a great threat that was to the league, George Brown. I am very proud Space and Aeronautics, and every time body. He did not wait for it to become and honored to join my friends on the he would come over once he lost that trendy. He did not wait for it to be- floor this evening to honor George’s spot, we would always be happy become some issue where it was going to memory and to celebrate his life. cause he was a treasure house of infor- do him some good. George Brown was Let me first express my condolences mation. He was an institutional treas- out fighting the war in Vietnam long to Marta, who joins us in the Chamber ure to our committee and we have al- before some of us realized. tonight, and to everyone else in ready felt his loss. Some of us on the conservative end of George’s large and wonderful family. Let me note this: that as chairman of the spectrum say to ourselves perhaps Mr. Speaker, I would say to her, the Committee on Science, when he that war went on too long before we re- ‘‘Marta, I have been in your shoes. It is was chairman of the Committee on alized where it was going and where it not easy. But your spirit and your Science, he exercised his authority as was taking America. Perhaps George strength in this difficult time have in- fairly as anyone who has ever served in Brown, who had the goodness and inspired all of us.’’ this body. So although we had some tent of trying to help his country, I also want to send a special word of disagreements, he always, always was maybe he had some realizations in his condolence to George’s staff. I know fair. I do not even remember one inci- heart. Plus, he was a champion of civil from my own experience, and that of dent where I was angry at him because rights early on. my staff who were Walter’s staff, that he did not give a Member the right And, Mr. Speaker, I will say this as a they are doubly burdened. For 3 amount of time or tried to cut off de- conservative. Some of us who are sus- months they have been grieving for bate or short-circuit someone else. picious of government have to look at their leader, while at the same time Now, we disagreed about things, but people like George Brown and his early working hard to continue to serve the he was always right up front. In fact, struggles in the civil rights movement people of the 42nd District in Cali- one of the great things we know about and we have to feel a little bit embar- fornia, and my heart is with them. George is that he never apologized rassed that it was an unabashed liberal b about being a liberal. This man was un- who was taking care of protecting peo- 2115 abashedly, no, he was bashed around ple’s human and civil rights in this Mr. Speaker, this House has many for being a liberal I am sure, but he country. Some of us should have national leaders. This House has many was unapologetic about being someone learned a lot from George Brown in warm and decent people. George Brown who believed that government should that regard. was both. He was first elected during

VerDate 29-OCT-99 06:30 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.240 pfrm02 PsN: H09PT1 H11838 CONGRESSIONAL RECORD — HOUSE November 9, 1999 the Kennedy administration when bye to George Brown, which is heart- George was an inspiration. I know the con- Americans heard our young President felt, nonetheless very sad. stituents of his San Bernardino district remem- promise that we would put a man on Mr. Speaker, it is with great sadness ber him with great fondness and respect. He the moon. that we mark the passing of our dear was a distinguished and dedicated public serv- Throughout his illustrious career, friend. But this is a very special special ant who served in this House with great dig- few Members in this body contributed order because it brings some closure. I nity for 35 years. In my opinion, George as much to our successful space pro- do not think a day goes by that most of should be remembered, above all, as a man gram as did George Brown. With his us do not come to this floor to vote of high principle. He was first elected in 1962 leadership on the Committee on when we expect to see George sitting in and frequently spoke out against excessive Science, George kept our space policy his regular seat. military spending and America's involvement on track. He knew that unlocking the As we are accustomed to saying here in the Vietnam War. He maintained his prin- secrets of the heaven’s would benefit in the House, I wish to associate myself ciples and, during the tumult and shouting of our quality of life here on earth. with the remarks of my colleagues who the 1960s, routinely voted against military As a fellow Californian who once have spoken before, because I think spending for a war that was, in his careful and served on his committee, I was awed by they have spoken very, very elo- considered analysis, an unjust intervention. and so grateful for George’s visionary quently, and it is a compliment to be Since his days as a student of nuclear engi- work on the space program. He made associated with their remarks because neering and, later, as a working physicist, such a mark on science education this man was very special. But I think George took a strong and focused interest in which will be felt for generations to that our colleagues have captured him. modern technology, the advancement of the come in every elementary science class As I associate myself with the re- sciences, and, of course, space exploration. and secondary science class throughout marks of my colleagues, I will just say As Chairman and ranking Democrat of the this country. a few personal remarks. George was an House Science Committee, he helped shape He made such a mark on the space inspiration. We all know that. He was a and define the evolution of the National exploration of this country which I leader, as has been acknowledged. He Science Foundation, NASA's International think of each time I watch a launch at was an intellectual, and we all benefit Space Station, and other significant endeavors Vandenberg Air Force base in my dis- from that. He was also a politician, a that engaged the best minds in American trict. Each time, I think of George political leader. In California, he is a science and technology. Brown. That legacy will continue as legend and has been, really, for a very George was genuinely interested in, and cu- long as there is space exploration in long time. rious about, all of the complex issues and de- this country and even in this world. When he, representing the district bates that have swirled around the develop- But, Mr. Speaker, as effective a that he did, took the stands that he ment of modern science and technology. His Member as George was, he was an even did, it was with great courage. It would palpable excitement belied his position as the better person. I will never forget the be easy for someone from my district oldest Member of the House in the 106th Con- kindness and generosity that George to speak out against the Vietnam War gress. For many years, he served ably as extended to Walter and me when we and to vote against the military spend- Dean of the California Congressional delega- first came to Washington in 1997. I will ing at the time. It was not easy for tion, and George leaves us with the distinction surely never forget George’s warmth George Brown. But he did it anyway. of representing California longer than any and comfort when Walter passed away. We all benefited from the fact that he other member of Congress. His influence and After George died, many of us flew was a student of nuclear engineering. legacy will continue to define the work of this together to his memorial service in his When I say ‘‘we all’’, I mean every per- body. district. Democrats, Republicans, son in this country, because we had the We will miss George, his principled ways, Members from around the Nation, sen- benefit of his thinking. We continue to his sense of humor, his civility, and his deep ior and junior Members alike, we spent have the benefit of his thinking be- commitment to public service. many hours reminiscing about George. cause of the legacy that he has left. I would like to extend my deepest sympathy We remembered his legislative vic- Not a day, again, goes by when we do to his widow, Marta Macias Brown, to the tories. We again admired his dedication not miss him, do not think we are Brown family, his constituents, and his friends to the people of his district. We going to see him in the Chamber, but and colleagues, all of whose lives he touched, laughed about his sense of humor. We we do have the benefit of the ideas that enriched, and changed. recalled his warmth and decency. he has put forth and the leadership Mr. FARR of California. Mr. Speaker, Being in his district for this memo- that he has provided and the way he I thank the gentlewoman from Cali- rial service gave me such a sense of the has translated all of the ideas that he fornia (Ms. PELOSI) very much for high esteem with which he was held has in his knowledge of science and en- those beautiful words. and is held by the people he rep- gineering into public policy, into a bet- Mr. Speaker, I yield to the gentleman resented for so many years. This group ter future for our country. from California (Mr. LEWIS) for a mo- that came together to memorialize him He was genuinely interested and curi- ment. was such a diverse group that he held ous about all complex issues and the Mr. LEWIS of California. Mr. Speak- together throughout the decades that debates that swirled around the devel- er, I am proud to yield to the gen- he served the 42nd District. This is a opment of modern science and tech- tleman from Long Beach, California legacy also which is a model for our nology. So he was a very fascinating (Mr. HORN). country and for the leaders in this man. Mr. HORN. Mr. Speaker, I thank the House. I want to say that we will miss his gentleman from California (Mr. LEWIS) All of us in Congress join with sense of humor, his civility, his deep and the gentleman from California (Mr. George’s family and staff and his con- commitment to public service. I, and FARR) for this very moving ceremony. stituents to mourn his passing. We will the constituents of my district join me, So many people have said so many all miss him. But we are also thankful extend our deepest sympathy to Marta, wonderful things. They are all true. to God for the precious time we had to the Brown family, to his constitu- I first met George Brown in January with him. We ask God’s continued ents, to his staff, to his friends, all of of 1963 when he came here as a new, blessing upon his family, his precious whose lives he touched, enriched, and fresh, young congressman. I was then family, his district, and the legacy changed for the better. the legislative assistant to Senator which he leaves to us all. With that and with great love, Thomas H. Kuchel, the senior Senator Mr. FARR of California. Mr. Speaker, George Brown, we will miss you every and Republican whip from California. I yield to the distinguished gentle- single day we serve here, and we will He called me and said, ‘‘Steve, I hear a woman from San Francisco, California always be grateful for the memory you lot of good things about this fine young (Ms. PELOSI). have provided for us. man. Go over and give him my best.’’ Ms. PELOSI. Mr. Speaker, I thank Mr. Speaker, it is with great sadness that And I did. George Brown was, from the the gentleman from California (Mr. we mark the passing of a dear friend and a very beginning, noted by people in the FARR) for calling this special order. It long-time Member of this Chamber, George E. House as well as some in the Senate gives us an opportunity to say a good- Brown, Jr. that he was a very decent person.

VerDate 29-OCT-99 06:30 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.242 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11839 When I came back here 30 years later George E. Brown, Jr. George was a man of Ms. ROYBAL-ALLARD. Mr. Speaker, as we renewed our acquaintanceship. I many accomplishments, who led by work and Chair of the Congressional Hispanic Caucus used to kid George ‘‘One of these days, example. He was the leader of the California and former Chair of the California Democratic George, the Legislature is going to re- delegation and led our state on many issues Congressional Delegation, I want to express district you into some suburb of Las of importance. George came to the U.S. Con- my deepest sympathies for the passing of my Vegas’’. That was because he had kept gress after an illustrious career in California colleague, friend, and mentor, George Brown. moving east from his first election in where he had served as a city councilman and It has been a true honor to serve with Los Angeles County. When George mayor of Monterey Park. Subsequently, he George in the House of Representatives. I came to the House, he served on the was elected to the California State Assembly have had the privilege of knowing George for Committee on Agriculture. In those where he authored legislation providing public years, since he served with my father, Con- days, Los Angeles County was the No. employees the right to bargain collectively and gressman Edward R. Roybal, for over two 1 Agricultural County in the Nation in foreshadowing his many environmental efforts decades. the value of its crops. in the House; he also introduced the first ban George was the oldest current House mem- Over 18 terms in the House, George of lead in gasoline in the nation. ber and the longest serving member of the moved from Monterey Park, then Col- George was elected to the U.S. Congress in House or Senate in the history of the state of ton, then Riverside, then Colton, then 1962. He was in the forefront of fighting for California, as well as the top Democratic Riverside, then San Bernardino, then passage of the 1964 Civil Rights Act and Member on the House Science Committee Riverside, then San Bernardino again. many of us remember that picture of him with and a senior member of the House Agriculture No other Member of the House has had President Johnson, Martin, Robert Kennedy Committee. that many different residences moving and Rosa Parks hanging in his office. He pro- George served as Chairman of the House in one direction as George was able to tested the Vietnam war when it was not pop- Science Committee during the 102nd and do. ular to do so. To give leadership to the anti- 103rd Congresses and was probably best As the gentleman from California Vietnam war movement and the Civil Rights known in Congress for his work on the (Mr. ROHRABACHER) said, the Repub- movement, George made a brave but unsuc- science and technology issues under his com- licans always sought to defeat him, but cessful run for the Senate in 1970. As a result mittee's jurisdiction. As an energetic proponent they never could because he loved his of the census reapportionment, a new House of the environment, Brown championed the constituency, and they loved him. seat was created and in 1972, George reestablishment of the Environmental Protection Then in 1993, George was in a key turned to his beloved Congress to serve the Agency and the Office of Technology Assess- role to help pull the California delega- people in communities where he was raised, ment in the early 1970s. tion together. His ally in this was Car- the Inland Empire. George was a person of integrity, intel- los Morehead on the Republican side. In the 1960's and again in the 80's George ligence, and respect, who never failed to stand In 1993, when Jane Harman and I came guided the National Science Foundation into a up for what he believed. George worked to here as two freshmen, we were des- more progressive position, refocusing it on en- bring down the color barrier at the University ignated to work with George and Car- gineering, science education, and the develop- of California, Los Angeles by organizing the los on the executive committee of the ment of advanced technologies. George first integrated campus housing in the late Democratic and Republican delega- Brown became Chairman of the House 1930's. In the 1940's he helped organize Los Science Committee in 1991. While Chair, he tions. Our aim was to work for eco- Angeles city workers. Later, in Congress, was an innovator in both Science and Tech- nomic development in southern Cali- Brown fought for passage of the landmark nology, always looking to the future and to our fornia. 1964 Civil Rights Act. He was one of the first nation's progress as the path to follow. He From March 1988, 400,000 people had outspoken critics of the Vietnam War and brought creativity and innovation to the House been let go in the aerospace industry. stood his ground by voting against every de- Science Committee and he was instrumental We had a major crisis as a result of the fense spending bill during the Vietnam era. in creating what we now think of as the frame- end of the Cold War and the economic George was also friend and role model to work for science and technology in the federal recession. Carlos and George pulled the me and countless other members of Congress government. delegation together. The delegation Ahead of the mainstream, he shaped our and staff. George paved the way for me to be- had not met for 8 years and it was a nation's science for good by bringing its overcome the first woman to chair the California disgrace. The two Senators would come sight into the Executive Office and establishing Democratic Congressional Delegation. Not over at all our meetings. Ron Packard, the Office of Science and Technology Policy. confined to the dictates of seniority or pro- Carlos, and George led the delegation By doing so, he made science and technology tocol, George encouraged me to run for the to work together. truly a national priority which provided the im- chairmanship, recognizing the value of inclu- George always had a great sense of petus to the research initiatives so important sion and promoting new leadership. humor. When I saw him on the floor, I to the great research and technology enter- George was an outstanding legislator, indi- once asked him what he thought of prises in our country and especially in Cali- vidual, and friend and he will be dearly some of the Democratic Presidential fornia. missed. candidates in the 1960s. George’s sense I was fortunate to have developed a friend- Mr. MARTINEZ. Mr. Speaker, George of humor was terrific, which I cannot ship with George when we worked closely to- Brown, Jr., who passed away last summer, repeat here, but it gets down to a one gether on California base conversions, an was not only a colleague but a personal word description for each one, and it issue of the utmost importance to my district, friend. I had the privilege of working with was not the same word for each one. He the 9th Congressional District of California. George for many years, here in the House of had suitably captured the personality, George was a tenacious fighter for the public Representatives and in the City of Monterey values, and interests that seemed to be good; many of us could learn from his great Park. During this time, I grew to respect him encompassed in that word. I would example. Even when the Democrats lost their as a man of great integrity, commitment, and smile through the rest of the day. majority in 1994, George remained influential. kindness. We have heard every Member prac- Earlier, I mentioned George's leadership in I first met George in the mid-1950s when he tically talk about his decency and his the California Assembly on environmental pro- was the head of the Democratic Club and a scholarship. That was true. He was a tections issues. In the House, he also recog- City Councilman in Monterey Park. At that real human being. He is the kind of nized the importance of protecting the ozone time, I did not know that I would someday person we do not forget, and he is the layer and other elements of environmental have the opportunity to represent many of the kind of person we ought to have in the health as well as championing the creation of same people. Because of his tremendous House of Representatives, one who the Environmental Protection Agency and the knowledge and enthusiasm for public service, stands up for his principles yet can Office of Technology Assessment. he developed a bond with the residents of work with everybody else who might His courtly style and hard work made him a Monterey Park that lasts to this day. George have different principles. favorite in his district; he respected all points was a leader who inspired people to commu- Nini and I extend condolences to the of view and all parties respected him in turn, nity service. He had the ability to fill meeting family. We worked with a great legend. making him a formidable advocate and effec- halls to capacity. His unwavering commitment We all respected him. tive negotiator on the side of the liberal and to public service earned him the respect and Ms. LEE. Mr. Speaker, I rise to honor the moderate. I will truly miss my friend George loyalty of the people of his district and the sur- memory of my good friend and colleague, Brown. rounding communities.

VerDate 29-OCT-99 06:30 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00133 Fmt 7634 Sfmt 9920 E:\CR\FM\K09NO7.244 pfrm02 PsN: H09PT1 H11840 CONGRESSIONAL RECORD — HOUSE November 9, 1999 Many may remember when George was ar- Brown. We will surely miss his presence and from Chairman Brown. In my ten Congresses, rested on the steps of the Capitol for joining his civility here in the People's House. While I have not seen a Chairman who was more with a group of Quakers in a protest against he is no longer with us, his commitment to his fair to his Committee Members than George the war in Vietnam. I have often thought about constituents and to his nation will ensure that Brown was. this as an example of his commitment to his he is remembered for generations to come. George leaves a large and important legacy beliefs. Even on points where there was dis- Farewell my friend. in this institution and particularly in the agreement, George's integrity was never in Mr. HALL of Texas. Mr. Speaker, like the Science Committee. I am honored both to be question. He was firm in his convictions and other Members who have spoken here before part of these remembrances this evening and willing to stand up for his beliefs. me, I have a special affection for our dearest to have a small role in trying to continue that I have no doubt that George Brown will be friend George Brown. But unlike these other legacy. remembered as one of California's greatest Members, I also have a special privilegeÐthe Ms. LOFGREN. Mr. Speaker, I only served statesmen. His presence in this Chamber is privilege of attempting to carry on Congress- with George for a few years from January missed. man Brown's work as Ranking Democrat on 1995 until his passing just a short time ago. Mr. PACKARD. Mr. Speaker, I would like to the Science Committee. But while I served with George just these few take this opportunity to pay tribute to both a This is no easy task. More than anyone I years, I will never forget this man whose influ- colleague and friend, George Brown. could ever imagine, George Brown was born ence on our country and its future is so pro- I had the privilege of serving on the Science to be the Chairman of the Science, Space, found. Committee during George's tenure as Chair- and Technology Committee. In truth, I first became aware of George man, and valued the opportunity to learn from Two fires burned within George. On the one Brown while working for my predecessor in of- his leadership. George and I worked together hand, he devoted his mediations and tailored fice, Congressman Don Edwards. At the time on many occasions in support of interests im- his actions toward achieving justice and equal- the nation faced the challenge of war in portant to our native southern California. ity for all those in our society. In his 35th year Southeast Asia. Early on, American opinion George may forever be remembered for his in Congress, he continued to take the time to was not divided as it would later be. There ability to bring together all Californians serving read the works of the ancientsÐGreek, were few who were willing to question. Don in Congress. Roman, Eastern and Middle EasternÐas well Edwards was one of them. So was George George believed in the power of persuasion as the works of modern philosophers. He, like Brown. Whatever your view of America's role to settle differences. He was polite and cour- them, was obsessed with the concept of social in that conflict, the courage to do one's job as teous in his treatment of everyone on both justice and how its pursuit would contribute to a legislatorÐto ask the tough questions and to sides of the aisle. George prided himself on an ideal society. stand for what one believed in does command working hard for his district. He was dedicated But even more so, George loved science, respect. George Brown was always a person to the people of southern California and he will space, and technology. George came from who would stand up for what he believed in. be greatly missed. humble beginnings in HoltvilleÐin the heart of When I was elected to the 104th Congress, In George Brown, this institution has lost a the hot and arid farmlands of the Imperial Val- I asked to be assigned to the Science Com- distinguished Member of Congress, a faithful ley. From the beginning George was an ex- mittee where George Brown was serving as public servant, and a good man. George will traordinary student. He graduated from high ranking Member. At the time all of the former be greatly missed, not only as a tireless advo- school at the age of sixteen and, in the year Chairmen of Committees were adjusting to cate for the people of California's 42nd Con- or two between high school and UCLA, read new roles in the minority. Some former Chair- gressional District, but as a close friend to nearly every book in the Holtville library. men, quite frankly, had a hard time coping those so fortunate to have known him. Mr. MOAKLEY. Mr. Speaker, I would like to Science moved him even then. He studied the with this new role. George Brown rose to the stars, read technical journals, and devoured thank Representatives LEWIS and FARR for re- occasion. Who wouldn't rather be in charge? serving this time to allow Members an oppor- science fiction. One can imagine, perhaps as But he understood the important role he could tunity to pay tribute and to honor the memory H.G. Wells ``War of the Worlds'' played on the play by using his knowledge as a resource for of our dear friend, the gentleman from Cali- radio, a seventeen-year-old scholar with the the whole CongressÐboth Democrats and Re- fornia, George Brown. I am moved by their re- body of a linebacker, looking up at the crystal- publicans. I came to understand that if George serving this special order. In a genuine ex- clear desert starlight and imagining the won- Brown gave advice on Science Policy it was a pression of bipartisanship, their efforts serve ders of human and robotic space exploration. good bet that it was exactly what our country to highlight one of George Browns' greatest George would speak about two Members of should do. And while the 104th Congress defi- strengths. Throughout his long and distin- Congress who taught him valuable lessons nitely had its rocky moments, as the months guished career, George Brown worked dili- about the institution. In his freshman term, wore on it became clear that George Brown gently to build bonds with other Members from George served on the Education Committee. was commanding respect on both sides of the across the aisle. More often than not, he suc- The Chairman, Adam Clayton Powell, quickly aisle. ceeded in these efforts. His constituents were learned of George's interest in post-secondary I doubt that all of the scientists in America wise to re-elect him to 18 terms of service in education and training and gave the freshman understand how much is owed to George for this House. George represented the 42nd Dis- Member from California the lead on re-author- his vision and understanding about science. trict of California with distinction and honor. ization of many of those programs. It was a Can all the American citizens fully appreciate Serving the needs of his constituents, and lesson George never forgot and one he often how much poorer would be our economy and making certain that their interests were pro- repeated with young, inexperienced Members our quality of lifeÐhow much more limited our tected were the basis of his long, distin- of the Science Committee from both sides of futureÐwithout the years of advocacy for guished commitment to public service. the aisle. There are many current and former sound science policies that George led? But Throughout my tenure in the House as well Members of the Science Committee who can George did his work not for the glory, but for as my service on the Rules CommitteeÐas point to significant legislative accomplishments the satisfaction that he was making a dif- Chairman and Ranking Member, I had the op- that they are able to claim because of Chair- ference. He was never afraid to do what was portunity to work with George on a number of man Brown's modesty and support. right and he was smart enough to figure out, issues. His interest and leadership on issues He also talked frequently about my fellow in the complex field of science, what was the as science and technology was strong. He Texan Olin ``Tiger'' Teague, who chaired the correct course. had a wonderful ability to explain new tech- Science Committee in the 1970s. There were George was widely rumored over the years nologies in ways that even those of us less no two Members of the Democratic Caucus to be contemplating retirement. When I first aware of these technologies could understand further apart politically than George and Tiger. heard that rumor, I wrote him an impassioned their potential impacts. He was especially But each had a deep respect for the other's multi-page letter asking him to stay and letting proud of his work to ensure that our schools fairness and honesty. Tiger developed the him know how much his leadership on science would benefit from new advances in the area habit, when confronted with a thorny political would not only be missed in this House, but in of educational technology. George Brown un- problem on the Committee, of calling George the world. He listened to those of us who derstood the importance of public education, into his office and asking for George's advice begged him to stay and we were grateful. he worked tirelessly to make certain that our on how to solve the problem most justly. Shortly before George left us, he told the young people would have access to the excit- George himself adopted this practice. Any Democratic Members of the California Delega- ing worlds of science and technology. MemberÐconservative or liberal, Republican tion that we could count on him: He would run In closing, Mr. Speaker, I am thankful that or DemocratÐwho was sincere and had done for reelection and would do his best to win. we have had this opportunity to honor George his or her homework would get a fair hearing While he didn't get that chance, I will always

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00134 Fmt 7634 Sfmt 9920 E:\CR\FM\A09NO7.154 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11841 remember that he was willing to go full meas- order of the House, the gentleman from thing that could happen is I could lose ure for America. Whether as a soldier in World California (Mr. DREIER) is recognized the election.’’ Meaning that he had a War II or a soldier in the effort to support for 5 minutes. very healthy perspective on this place, science, he served his country with valor, with Mr. DREIER. Mr. Speaker, I would what representative government was intelligence and with distinction. I am grateful like to join with my colleagues in ex- all about, and what public service was to him for his many kindnesses to me, his wit tending this time of special orders in about. and his wisdom, for the example he made for honor of our great friend, George b 2130 younger Members of his House about integrity Brown. I have not had the opportunity I will tell my colleagues that it is and commitment as well as for his love and to hear any of the statements other still, to this day, with a great deal of dedication to his family. than the very eloquent one by the gen- sadness that I think about the fact I miss George a great deal. Despite all of tleman from Long Beach, California that we are no longer going to be see- the talented people working on Science Issues (Mr. HORN). ing him in this chamber. in this House, none of us can claim the experi- I will say scholarship and decency, which is what the gentleman from Cali- So I would like to say that I will ence, expertise and wise leadership that miss him greatly, and my condolences fornia (Mr. HORN) just raised, obviously George gave the country in this arena. We will go, as I know my colleagues have ex- are two words that come to mind. try to fill in the gaps his parting left. I, for one, tended them, to his tremendously huge George Brown was also one of the feel grateful to have known him to have and wonderful family, the members we kindest and warmest human beings I served with him. I feel lucky that I had the got to meet when we went to the serv- change to tell him how much I admired him have ever known. He regularly was on this side and ice for George out in California and while he was still living. I miss him and join saw a number of them back here. stood there and would make inter- with my colleague tonight in honoring his life f and his contributions. esting observations about the institu- Mr. SENSENBRENNER. Mr. Speaker, tion because, as we all know, he served TRIBUTE TO THE LATE GEORGE E. America lost its foremost science advocate, a longer than any other Californian here BROWN, JR. statesman, and a tremendous human being in the Congress. We were very pleased The SPEAKER pro tempore (Mr. when my colleague and friend, George Brown, that he set that record, even though WALDEN of Oregon). Under a previous passed away. As a Member and later Chair- many of us, the gentleman from Cali- order of the House, the gentleman from man and Ranking Member of the Science fornia (Mr. LEWIS) and I for a decade New Jersey (Mr. HOLT) is recognized Committee, George was a forceful and tireless and a half tried to cut that short. In for 5 minutes. advocate for science. Whether it was pro- many ways, I am glad that we were not Mr. HOLT. Mr. Speaker, what a wise tecting a science account from attack or push- able to cut that short because he did so man, what a good man George Brown ing the newest area of research, George was much for our State and the country. was. We have heard tonight of his ef- a true friend to the science community. I feel I suspect that, during the hour, peo- forts to create or strengthen various both sadness and inspiration when I look up to ple talked about his involvement in the scientific institutions, the National see George's likeness watching over the pro- space program. I will tell my col- Science Foundation, the White House ceedings in the Science Committee's hearing leagues that, representing Pasadena, Science Advisers, OSTP, the EPA, the room. Sadness at our loss but inspired to con- California, the home of the jet propul- Office of Technology Assessment, tinue building upon the successes George sion laboratory, along with the gen- NASA. He advanced international sci- made possible. I am hopeful that his portrait tleman from California (Mr. ROGAN) is entific cooperation, energy conserva- will serve as a constant reminder of George's a very important thing. George Brown tion, alternative sources of energy, sus- commitment to our nation's science programs, regularly provided the kind of inspira- tainable agriculture, peaceful uses of his leadership, his friendship, his humor, and tion that was needed by our constitu- space. He advanced the cause of peace his compassion throughout his many years of ents at the jet propulsion lab. around the world. service. He often was the beneficiary, and I I have long respected George Brown George's integrity and the strength of his know that his widow Marta is fol- for these contributions as a scientist word were never in doubt. He could be a lowing this so I should not raise it, but and as a Member of Congress before I forceful advocate when needed and a bipar- she may not have known he occasion- got to know him. When I was a AAAS tisan friend when deserved. Perhaps what was ally smoked a cigar. He would often fellow in Congress in the early 1980s, most remarkable about George was that even take cigars from all of us here. I was George Brown served as a positive ex- after sitting through hundreds and hundreds of pleased whenever I could to pass one to ample to us fellows of how government presentations by researchers around the na- him, even though I know Marta was policy could be used in the support and tion, George never lost a genuine delight in never pleased with the fact that we did advancement of science. His personal hearing of new science breakthroughs that pass our cigars to George. I know it did enthusiasm and passion for science and would revolutionize tomorrow's world. When provide him with a great deal of pleas- for the people associated with the tomorrow's scientists find their next break- ure. fields of science has left perhaps the through discovery, I know in my heart that I also want to say, as the gentleman most lasting impression of George George will delight in their achievement. from California (Mr. HORN) did, that, in Brown around the country. Although George served for eighteen terms the California delegation, he spent a And, Mr. Speaker, I will provide for in the House, a remarkable achievement in great deal of time working to bring our the RECORD some of the remarks of itself, I don't think he ever enjoyed looking delegation together. He had a very other AAAS fellows who have shared back as much as he cherished looking ahead. healthy view of his role in public serv- with me their memories of George Earlier this year, George remarked, ``I've ice. I know there are many people who Brown. thought that science could be the basis for a were always wringing their hands George Brown understood the big pic- better world, and that's what I've been trying about this place at the prospect of ture of how science could benefit the to do all these years.'' Certainly George made maybe losing the next election. world and how to construct govern- his own strong contribution to making this a One time Karen Tumulty, who is now ment mechanisms and policy to appro- better world. a very prominent reporter with Time priately support it. I believe no one in I ask all Members, to keep George's spirit Magazine, in her early days with the Washington had a better understanding alive as we proceed with our responsibilities Los Angeles Times in the 1980s, I re- of the role and the nature of science. during this CongressÐwith his respect for this member her telling me she had gone up George Brown was a champion of institution foremost in our minds and his joy of to Mr. Brown and talked about the fact science, but he was not an apologist for public service and his friendship in our hearts. that the Republicans were putting to- science. It was George who challenged f gether this huge campaign against both the scientific community and its him. He was sitting behind us in the policy advocates to be self-aware, yes, IN HONOR OF THE LATE GEORGE Speaker’s Lobby, and she posed the to be self-critical lest we continue to, BROWN question to him, why it was that he in his words, develop an uncritical The SPEAKER pro tempore (Mr. was not that concerned. He looked up faith that where science leads us is WALDEN of Oregon). Under a previous and said, ‘‘Gosh, the absolute worst where we want to go.

VerDate 29-OCT-99 06:33 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\A09NO7.150 pfrm02 PsN: H09PT1 H11842 CONGRESSIONAL RECORD — HOUSE November 9, 1999 George Brown did not shy away from TRIBUTE TO THE LATE GEORGE E. denied that privilege. That went to Mr. asking the tough questions. He pointed BROWN, JR. Babbitt. So George says, looks like out that ‘‘It is still difficult to draw a The SPEAKER pro tempore. Under a they have a little something less for correlation between scientific and previous order of the House, the gen- us. They provided us with a single technological capability on the one tleman from California (Mr. HUNTER) is sheet of plastic. I think we were to pull hand and quality of life on the other.’’ recognized for 5 minutes. up like a makeshift windshield to keep He reminded us that if we look at the Mr. HUNTER. Mr. Speaker, I am not ourselves from getting too much of this world as a whole, it is not at all clear going to use 5 minutes, because my col- pollution in the teeth. that advances in science and tech- leagues have spoken much more elo- We got lots of it that day. And here nology have translated into sustain- quently than I could, and I also want to was George Brown, a guy who had im- able advances in the quality of life for thank the gentleman from Wisconsin mense prestige and political power, and the majority of the human race. (Mr. RYAN) for delaying his long await- could have been doing a lot more com- He warned us of the potential soci- ed special order to allow us to comfortable things than riding around in etal crisis fueled by a deteriorating plete this California memory of George the Salton Sea with whitecaps coming public education system, unaffordable Brown. over the stern of this little air boat, be- health care, ethnic polarization, urban I think that the centerpiece and the cause he believed in this cause of violence, environmental degradation, trademark of our democracy in this cleaning up the Salton Sea. That was and the lack of political courage and House of Representatives is civility. George Brown. A man of great civility, leadership necessary for decisive action The ability of the Members of the a man with great good humor. on these matters. Representative House to have close quarters combat And I like to think of George as George E. Brown, Jr. had that kind of on values and on philosophy and yet re- being a real product of this country courage and he demonstrated it in each main civil to each other. And I think if that he came from, this Imperial Coun- of his 18 terms in this House. George there was anything that George Brown ty, Imperial Valley. He was born in Brown never took the easy or politi- taught not only the delegation but the Holtville, the carrot capital of the cally expedient way. What a model he rest of the House it was civility. world, where they do a lot of farming, provided for us. He did all the things that my col- where people are hard working Ameri- Mr. Speaker, I yield to my good leagues have mentioned. When we on cans, they are open and straight- friend and colleague, the gentleman the Republican side ran strong, tough forward, and they all seem to have a from California (Mr. FARR). races against him, the next time we sense of humor. And I think that Mr. FARR of California. Mr. Speaker, saw him, he would be smiling, he would George acceded to that desert sense of I thank the gentleman for yielding to be beaming, he would be winning, and humor in the best way, brought it to me, and I would like to add, Marta, he would not hold it against you. It this House and this chamber, and that I felt that memorializing your was an amazing lesson. I think it was a helped to make us all better people and husband, our colleague, in statuary lesson that we all ourselves tried to better representatives because of it. hall, where he was surrounded by some So I want to thank the gentleman emulate, and in that sense he threw a of the greatest leaders of this country, from California (Mr. FARR) and the rock into the pond and caused a lot of was appropriate because in my mind gentleman from California (Mr. LEWIS) ripples of civility. He helped us to be George was as great as all of them and for putting on this very important he should be in that hall. He is in this better to each other. He was a guy with a great good sense service. George Brown is going to live hall here tonight, because as long as of humor. I recall when we were work- for a long time in our hearts and I someone is in our minds, they are here. ing the Salton Sea project, which he think in our actions, because I think We have heard from his colleagues we are all going to be a little better to was a real champion of, and he worked tonight. What a great father for the each other. We are still going to have with the gentleman from California State of California. I do not think any- those tough differences, and I think (Mr. LEWIS), the gentleman from Cali- body understood what made California that is good, but we have a democracy fornia (Mr. BONO), the gentlewoman tick, what made California the center that is a model for the rest of the world from California (Mrs. Bono), the gen- of so many excellences, the center of because we are civil, and George Brown tleman from California (Mr. CALVERT), excellence for electronics, the center of was a leader in civility. and myself on that project, and one excellence for the entertainment indus- f try, the center of excellence for agri- day, on an extremely windy day, we culture, and so many kinds of agri- went to the Salton Sea, which is fed by TRIBUTE TO THE LATE GEORGE E. culture. Agriculture in the north and the most polluted river in North Amer- BROWN, JR. agriculture in the south, totally dif- ica, the New River, when the waves The SPEAKER pro tempore. Under a ferent. From row crops to forestry, to were about two feet high and had previous order of the House, the gentle- all kinds of diversity, he understood whitecaps, and we were to go out with woman from Texas (Ms. JACKSON-LEE) the diversity of the people who live in the Secretary of the Interior Mr. Bab- is recognized for 5 minutes. the great State of California. bitt on these air boats and tour the Ms. JACKSON-LEE of Texas. Mr. When we talked to him, we realized Salton Sea. Speaker, I thank the gentleman from that we were talking to someone who As George and I walked down to our Wisconsin (Mr. RYAN) for delaying his grasped the entire potential of Cali- air boat, I noticed that our two seats special order to give us the opportunity fornia. I think he saw that defined were extremely low to the water. And I to pay tribute to someone who in my through science and technology; that if looked over at the Secretary of the In- short time here in the United States we could take enough good minds and terior’s air boat and he had a high seat Congress was a mentor and a tutor. put those good minds to practical use that was about five feet off the water. George Brown made the Committee on beautiful places, like the diversity, And I asked a friend of mine, who was on Science fun. And I guess that is the geographical diversity, that we a native there in Imperial Valley, and something that I should be admonished cannot help but solve problems. And George Brown was born in Imperial not to say, because in this House we those problems are not just solved for Valley, in Holtville, he was really a are about the people’s business and we California, they are solved for the man of the desert, and I asked this are serious in doing that business. But United States. And when they are friend of mine, do you want to go out? what I found in George Brown is that solved for the United States, they are And he says, not on your life. He said, he loved science, but he had a holistic solved for the world. this is the most polluted stuff in North approach to science. Even though his Just a remarkable human being in America. He said, you are going to be expertise or his advocacy or his inter- our time. Every one of us was touched catching that stuff right in your teeth. ests might have fallen in one area of by him. I think that he was, indeed, So I suggested to the fish and wildlife science versus another, he was open one of the fathers of modern California, people, who were conducting the tour, enough to be able to take those groups and for that we will forever remember that maybe George and I might be al- of us on the Committee on Science that him as one of the great statues of this lowed to ride in the air boat that had had our own interests in perhaps ensur- great state. the high seats. And, of course, we were ing that there was more unmanned

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.247 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11843 space flight than manned space flight, b 2145 rather light in paying a tribute. Be- because I come from the manned space I close simply to say that something cause, of course, as I said, he was a flight advocacy group with the John- very special comes to mind of Mr. good humored man and it only took a son Space Center and the shuttles that Brown, and that is that he was a person couple of words until he had you laugh- have been going back and forth, but he that I thought exhibited the concept ing. Mr. Speaker, I yield the balance of could explain to each of us the fact that all of us aspire to, that we are one my time to the dean, the gentleman that there was value in whatever that human race. Before it became in vogue we advocated; that science was holis- from California (Mr. LEWIS). to talk about one race, maybe to talk Mr. LEWIS of California. Mr. Speak- tic; that we all should be participating about diversity, maybe to talk about in it. er, I thank the gentleman very much openness and equality and opportunity, for yielding by way of closing this won- He could advocate for the space cen- I could sense that, even though just ter and he could advocate for the real derful time we have had together in knowing Mr. Brown starting in my tribute to our colleague, George sciences, the earth sciences, which he first term of Congress, that he lived his was a strong proponent of. He was a Brown. life as being part of one human race. I mentioned at the beginning of my person who was able to balance the in- For he lived it on the floor of the remarks earlier that George and I, al- terests of the members of the Com- House. He lived it in the Committee on though we had our differences politi- mittee on Science in explaining that Science. And, as I have heard from my cally from time to time, had so much we had a responsibility to promote this colleagues, he has obviously lived it all more in common. Nation as a world leader in all of the of his political life. The fact that we often talked about sciences. So this was not just a race to I am thankful for that. And, for that being born on the wrong side of the space, of which he had much more his- reason, I owe a debt of gratitude for tracks, he in Imperial County, and I tory than I would have had, but this the fact that he served us and that he was raised in San Bernardino. But was to be able to fulfill our promise served this Nation. We will be forever shortly after in his youth, he was in and our responsibility in man’s cre- grateful. Thank you, ranking member Colton, considered by us, like my ativity with research and experimen- Brown, Chairman Brown, for your lead- home, on the wrong side of the tracks. tation and outreach in the areas of ership. He and I shared our love and our pride science and physics and other areas f as being alumni of the wonderful uni- that the Committee on Science cov- versity in West Los Angeles, UCLA. ered. TRIBUTE TO THE LATE GEORGE E. George also had this great passion for I found that he had a wry sense of BROWN, JR. science but particularly for NASA. humor, he had a good sense of humor, The SPEAKER pro tempore. Under a When I had the chance to work with he had an enormous sense of humor. previous order of the House, the gen- NASA’s programming in the VA-HUD And we could always rely upon ranking tleman from Pennsylvania (Mr. GOOD- subcommittee, George and I profes- member Brown, for I did not have the LING) is recognized for 5 minutes. sionally spent a lot of time together privilege of serving with him as chair- Mr. GOODLING. Mr. Speaker, George and many times in the battle here on man, although that never got the best and I, of course, served here together the floor to save the Space Station and of him, but he would always, in a mo- for 24 years. A more perfect gentleman the future work of NASA. Beyond that, we had a great love for ment when it got too serious in our you would not find. His humor was water. I remember George talking committee, there was ranking member mentioned by several, and I would have about riding in an innertube down the Brown with the appropriate sense of to say that he had the best one-liners Alamo River where he had his first ex- humor to bring us all back to the re- and the shortest one-liners that I have perience with the Salton Sea and his ality that we are simply mere mortals ever heard. Usually two or three words commitment to that project as a part and this too will pass. and he could crack you up pretty of his youth but also as a part of his To his family, to his dear family and quickly. very intense and life-long love for the his dear wife, we thank them in par- But I have to tell my colleagues, ticular for sharing him for all these environment. George also had everybody in the George kind of closed his days and many years. I thank him particularly House of Representatives believing for his openness to then freshmen my memory of him when Arlene and I that I have a chronic cold condition. went and visited Marta and George at members in the class of 1995, the 104th He was on the fourth floor; and, of Congress, the Congress that Democrats their new home in San Bernardino course, I got on the second floor. And I where they had been there for a while were not in control. There was a small could smell the elevator coming and I but they built this huge, huge fish class of 13 of us that came in as Demo- was ready. Because, of course, it was pond, the largest fish pond I have ever crats, and I was fortunate enough to se- not only George on the elevator. It was seen in my life and the first time, and cure a place on the Committee on his famous cigar on the elevator with I told friends of this, the first time I Science. Mr. Brown served, even in my him. ever heard George even raise a doubt lowest ranking position, as a wel- Well, I get a violent migraine from about his commitment for the environ- coming mentor and a person who was cigar smoke. So every time the door ment. encouraging of the work that we had to opened, I would, of course, pull out my Because suddenly, and he spent a lot do together on the Committee on handkerchief, put it on my nose, and of money for these fish, etc., and they Science. hold it over my nose until I got down. were planning to have tea out there I am grateful for his leadership and I Everybody would say, ‘‘Do you have a and watch the fish grow; and the birds was even more grateful to listen to the cold?’’ ‘‘Do you have a cold?’’ ‘‘Yes, I from the outside began flying in in many colleagues who were able to have a cold.’’ And then we would get their natural way, and stealing his share some of the wider ranges of over to the trolley and I would wait to fish. George Brown, both his civility, his see where he was going to sit, and then George was a brilliant, wonderful, kindness, his concern about world I would go to the opposite end, depend- talented guy and a reflection of the peace, which I think is most insightful ing on which end the wind was blowing. best of America’s House, the people’s of the kind of man he was, and then to And sure enough, when we got to this House, the House of Representatives. hear in the memorial service his com- side, of course, we had to get back on I appreciate all of my colleagues mitment to politics, as Senator BOXER the elevator again; and I would pull out joining with us tonight and sharing related how he provided her support in my handkerchief, ride on the elevator this evening with Marta and her fam- a very competitive race. with the handkerchief over my nose. ily. He was a man of his word. He was a And everybody would say, ‘‘Do you f man who showed great love for his Na- have a cold?’’ ‘‘Do you have a cold?’’ The SPEAKER pro tempore. Under a tion and great love for his avocation, ‘‘Yes, I have a cold.’’ previous order of the House, the gen- which was a love of science and re- So they are wonderful memories of tleman from Illinois (Mr. LIPINSKI) is search. George. And he would want us to be recognized for 5 minutes.

VerDate 29-OCT-99 06:33 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.249 pfrm02 PsN: H09PT1 H11844 CONGRESSIONAL RECORD — HOUSE November 9, 1999 (Mr. LIPINSKI addressed the House. words of thanks are offered, nor is it and Arthur Gibbs of Beloit, from the His remarks will appear hereafter in only to fly our Nation’s flag in honor of U.S. Army. the Extensions of Remarks.) their service. It is more. It is our duty How might we best recognize these f to care for the soldier and his depend- American heroes, these who came from The SPEAKER pro tempore. Under a ents who continue to bear the effects of southern Wisconsin? We should pause previous order of the House, the gen- battle. to give them thanks for safeguarding tleman from New Hampshire (Mr. In our history, more than one million our liberties. We should pledge to carry BASS) is recognized for 5 minutes. American men and women have died in out the civic responsibilities of citizens (Mr. BASS addressed the House. His defense of our Nation. It is staggering. living in a free country. And we should remarks will appear hereafter in the If these now silent patriots have exercise those loyalties by dem- Extensions of Remarks.) taught us anything, it is that, because onstrating our respect for both our liv- f of the men and women who are willing ing veterans and those in their final to sacrifice their last blood and breath, resting places. The SPEAKER pro tempore. Under a the United States remains a symbol of Mr. Speaker, it is so little to ask of previous order of the House, the gen- freedom in a country whose ideas are us when they have given so much. tleman from New Jersey (Mr. PALLONE) still worth defending. Our veterans are f is recognized for 5 minutes. the national heroes who define our (Mr. PALLONE addressed the House. American heritage. HMO’S NEED ACCOUNTABILITY His remarks will appear hereafter in Yet, in the spirit of our great Nation, The SPEAKER pro tempore. Under a the Extensions of Remarks.) they are unassuming heroes. They did previous order of the House, the gen- f not seek glory or praise. Their deeds tleman from Texas (Mr. GREEN) is rec- TRIBUTE TO AMERICA’S will never be chronicled sufficient to ognized for 5 minutes. VETERANS their service. In large part, they were Mr. GREEN of Texas. Mr. Speaker, I not people discontinued for military appreciate the comments of my col- The SPEAKER pro tempore. Under a careers or tested in battle. They have league from Wisconsin. I agree that, previous order of the House, the gen- largely been ordinary men and women hopefully, we will all be out tomorrow tleman from Wisconsin (Mr. RYAN) is who have accomplished extraordinary evening so we can go home and cele- recognized for 5 minutes. deeds. brate our Veterans Day programs in Mr. RYAN of Wisconsin. Mr. Speaker, We should ever be thankful that, for our districts and honor our veterans it is very fitting that I think this fol- over 200 years, individuals of each gen- because of their commitment to our lows up after the tribute to George eration, many from my own family, country and our freedoms. Brown, who was a veteran here for our had been willing to put on uniforms I am here tonight to talk about an country, because Thursday is Veterans and answer the call of their country, amazing announcement today that lit- Day. And Veterans Day is a day to that they had been willing to risk their erally made the headlines on news- honor great sacrifices, celebrate heroic all to allow their children and grand- papers all over the country. victories, and it serves as a reminder children the opportunity to live in What do the American people mostly that the daily freedoms many of us too peace. Democrats and also a significant often take for granted came at a very I would like to take this opportunity amount of Republican Members know painful price. to single out just a few of the thou- that the Republican leadership does It is a day of national respect and re- sands of veterans I am so fortunate not seem to know? Well, that is an flection that serves as an annual re- enough to represent. Veterans and open-ended question and it may take mind that we can never forget those other civic organizations in the district more than my 5 minutes to answer, but who have allowed us to enjoy that I represent, the First District of Wis- I will do it as best I can. which we have today. More than ever, consin, recently nominated some of We want doctors and patients, and we must rededicate ourselves to honor their members to be recognized and I not HMO bureaucrats, to make the the lives and memories of those who am proud to also recognize their con- medical decisions. Today one of the served, fought, and too often died. tributions here today on the floor of Nation’s largest HMOs, United Health Quote: the House of Representatives. Group, took the first step in recog- With malice toward none; with charity for Today, among the thousands I would nizing the error of their ways. They de- all; with firmness in the right, as God gives like to recognize, are these men: cided they would no longer review each us to see the right, let us strive on to finish Frank Onti of Walworth, from the the work we are in; to bind up the nation’s treatment recommendation made by a wounds; to care for him who shall have borne U.S. Navy; John Cameron of physician. the battle, and for his widow, and his orphan, Mukwonago, from the U.S. Army; With the active support of the Amer- to do all which may achieve and cherish a James Schmidt of Burlington, from the ican people and the HMO reform con- just, and lasting peace, among ourselves, and U.S. Navy; Dale Roenneberg of ference committee, hopefully this will with all nations. Brodhead, from the U.S. Army; just be the first company that will do Mr. Speaker, these words were taken Franklyn Condon of Brodhead, from that and will proceed to have some real from President Abraham Lincoln’s sec- the U.S. Army; Jack Frawley of White- true HMO reform. ond inaugural address and sadly read water, from the U.S. Marine Corps; Ed- One company in the insurance busi- again just two months later over this ward DeGroot of Racine, from the U.S. ness recognized what Democrats and author’s grave. Army; John Kreidler of East Troy, the American people have known for The excerpt ‘‘to care for him who from the U.S. Army; Raymond Lewis, years is that the most qualified people shall have borne the battle, and for his Jr., of Racine, from the U.S. Army; to make medical treatment decisions widow, and his orphan,’’ are now Robert Engstrom of Janesville, from are the patients and doctors who know etched in stone on the plaque of the the U.S. Army; Everett Shumway of the details of that specific case. Veterans Administration Building in Edgerton, from the U.S. Navy; Dan Before we claim victory, we have to Washington, D.C., reminding us of the Ponder of Elkhorn, from the U.S. recognize that this is only a first step debt we owe to those who have de- Army; Warren Welkos of Elkhorn, from and in some ways a very small step. fended our Nation in times of both war the U.S. Marine Corps; John Tueting of Instead of reviewing the cases as and peace. Elkhorn, from the U.S. Marine Corps; they come in, the United Health Care From the smallest Wisconsin com- Mario Maritato, a great guy, I know has decided to review their physicians munities to the largest cities through- Mario very well, really a true hero in once a year. This is much better, but it out our Nation, we have been blessed southern Wisconsin, of Somers, from still raises some concerns. One of the by those individuals who set aside their the U.S. Marine Corps; Robert Flint of problems can be, that in reviewing a own aspirations to serve their country Kenosha, from the Marine Corps; Ted doctor’s treatment decisions in this in defense of freedom and liberty. Dvorak, another great guy, of Kenosha, manner, it may be nearly impossible to Our duty is not only to ensure that from the U.S. Navy; Cloren Meade of determine the case each doctor has and parades take place, that heartfelt Beloit, from the U.S. Army Air Corps; whether there is specific reason such as

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.252 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11845 treating a high-risk patient or children because of transferring her to a spe- tleman from Washington (Mr. that led the doctor to prescribe more cialist across town. METCALF) is recognized for 5 minutes. tests than another doctor. No other industry enjoys the protec- Mr. METCALF. Mr. Speaker, there Again, this is a first step and a good tion that the HMO industry does from has been increasing controversy over step, but we still have got a long way Federal law under the ERISA act. With executive orders and presidential proc- to go. Other HMOs need to follow this shield they are able to ignore the lamations since President Franklin United’s lead and every HMO, including needs of their patients and they are Roosevelt’s administration. The recent United, needs to commit to leaving held accountable to nobody. What I comments of President Clinton’s aide, medical treatment decisions to the hope we would do as a Congress would John Podesta, in U.S. News and World doctors and the patients without inter- be to respond and hopefully the HMO Report, give us even more reason to be ference. conference committee that we have concerned. Mr. Podesta, in a moment This recent decision by United raises will be responsive, Mr. Speaker. of explicit candor, outlines the Presi- the broader question of HMO reform f dent’s plan to issue a whole series of and whether it is still necessary if The SPEAKER pro tempore (Mr. executive orders and changes to Fed- eral rules without consulting Congress. other HMOs follow United’s lead. The TOOMEY). Under a previous order of the Mr. Podesta goes further, saying, short answer is yes. The truth is that House, the gentleman from Michigan ‘‘There is a pretty wide sweep of things most HMOs are good. Managed care is (Mr. SMITH) is recognized for 5 minutes. created to take the ever increasing (Mr. SMITH of Michigan addressed we’re looking to do and we’re going to cost out of health care. But what we the House. His remarks will appear be very aggressive in pursuing it.’’ have seen is that not only have they hereafter in the Extensions of Re- That is the Podesta Plan. Mr. Speaker, I am here today to issue taken the cost out up until this year, marks.) but they have also taken the quality a dire warning. There is a ‘‘culture of f deference’’ in this Congress, and if we out. The SPEAKER pro tempore. Under a According to United, they approved do not address this issue of executive previous order of the House, the gentle- lawmaking, it is a violation of our own 99 percent of the claims that their doc- woman from California (Ms. LEE) is oath of office. I am most deeply con- tors had recommended. So what they recognized for 5 minutes. cerned about the Podesta Plan, to use found out is that they created a bu- (Ms. LEE addressed the House. Her executive orders and other presidential reaucracy that they were paying for, remarks will appear hereafter in the directives to implement the Presi- that they approved those claims. Extensions of Remarks.) dent’s agenda without the consent of What is so important is that the pa- f Congress. Executive lawmaking is a tients’ bill of rights that this House The SPEAKER pro tempore. Under a violation of the Constitution. Article I passed on a very bipartisan vote is still previous order of the House, the gen- states that all legislative powers shall needed to protect the population who tleman from Indiana (Mr. BURTON) is be vested in the Congress. find themselves in an HMO that may recognized for 5 minutes. Sadly, Congress should not be sur- not be as responsive as United is or as (Mr. BURTON of Indiana addressed prised that this President’s frustrated realistic as United that actually looked the House. His remarks will appear staff is trying to bypass Congress. We at it and said, hey, it is not cost effec- hereafter in the Extensions of Re- have seen this before. When the Presi- tive to continue to do this. marks.) dent issued his executive order on b 2200 f striker replacements, he attempted to As long as the industry continues to The SPEAKER pro tempore. Under a do what had been denied him by the operate in their unregulated vacuum, previous order of the House, the gen- legal legislative process. The same was these nonresponsive HMOs will con- tleman from Minnesota (Mr. MINGE) is true when the President issued his tinue to pop up and take advantage of recognized for 5 minutes. proclamation establishing a national the unsuspecting consumers. The scar- (Mr. MINGE addressed the House. His monument in Utah, a sovereign State. Mr. Speaker, the framers expected iest part of this scenario is that these remarks will appear hereafter in the national policy to be the result of open unsuspecting consumers will not know Extensions of Remarks.) and full debate, hammered out by the that they are in such an HMO until it f legislative and executive branches. is too late. There are a lot of laws in The SPEAKER pro tempore. Under a They believed in careful deliberation, previous order of the House, the gen- this country that are designed to pro- conducted in a representative assem- tleman from New York (Mr. FOSSELLA) tect the majority from a small percent- bly, subject to all the checks and bal- is recognized for 5 minutes. age of offenders. Most of us would not ances that characterize our constitu- (Mr. FOSSELLA addressed the think of taking money from a person in tional system. Having broken with House. His remarks will appear here- return for a service but then when they England in 1776, the founders rejected after in the Extensions of Remarks.) come to collect what they paid for, government by monarchy and one-man deny, or worse in some cases, even f rule. Nowhere in the Constitution is delay that service. But the HMOs ac- The SPEAKER pro tempore. Under a the President specifically given the au- cept the premiums from consumers, previous order of the House, the gen- thority to issue these directives. but then deny or delay benefits in the tleman from North Carolina (Mr. In the legislative veto decision of hope that the consumer, who is really JONES) is recognized for 5 minutes. 1983, INS v. Chadha, the Supreme Court now the patient, will just give up and (Mr. JONES of North Carolina ad- insisted that congressional power be go away. They need to be held account- dressed the House. His remarks will ap- exercised ‘‘in accord with a single, fine- able for these deplorable actions. pear hereafter in the Extensions of Re- ly wrought and exhaustively consid- I have an example of a constituent in marks.) ered, procedure.’’ The Court said that my district. If you are familiar with f the records of the Philadelphia Conven- Houston, she lives in the north part of The SPEAKER pro tempore. Under a tion and the State ratification debates Harris County. She had an appoint- previous order of the House, the gen- provide ‘‘unmistakable expression of a ment with a specialist in her neighbor- tleman from Virginia (Mr. GOODLATTE) determination that legislation by the hood near Intercontinental Airport in is recognized for 5 minutes. national Congress be a step-by-step, de- the Humble area twice and it was can- (Mr. GOODLATTE addressed the liberate and deliberative process.’’ celed by her HMO. Finally they as- House. His remarks will appear here- If Congress is required to follow this signed her to a specialist across town. after in the Extensions of Remarks.) rigorous process, how absurd it is to She said it was just difficult for her to f argue that a President can accomplish be able to have family take her across the same result by unilaterally issuing town when literally there was a hos- TIME FOR CONGRESS TO CLARIFY an executive order. Of course he can- pital complex that was so close she SCOPE OF EXECUTIVE AUTHORITY not. The President’s controversial use could get to. Again, it was delayed The SPEAKER pro tempore. Under a of presidential directives skirt the con- twice and ultimately could be denied previous order of the House, the gen- stitutional process, offend the values

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.256 pfrm02 PsN: H09PT1 H11846 CONGRESSIONAL RECORD — HOUSE November 9, 1999 announced by the Court in the legisla- struction and driven up costs of many us from the coercion of others.’’ He tive veto case, and do serious damage homes. And there is something called quotes Pope Leo XIII in 1891 who wrote to our commitment to representative the Wildlands Projects which the that the ‘‘fundamental principle of so- government and the rule of law. Washington Post said is a plan by envi- cialism, which would make all posses- It is time to clarify the scope of exec- ronmentalists to place under public sions public property, is to be utterly utive authority vested in the presi- ownership half the land that remains rejected because it injures the very dency by article II of the Constitution. as private property today. ones whom it seeks to help.’’ The Supreme Court has failed to ad- I know that to many people, the word Brian Doherty, in the November 4 dress this issue and it is time for Con- ‘‘development’’ has become almost a Journal of Commerce wrote that ‘‘if gress to invoke the powerful weapons dirty word. But home ownership has al- the anti-sprawl agenda became a truly at its command. Through its ability to ways been a very important part of the powerful political force, we would have authorize programs and appropriate American dream. Are those of us who to obey the dictates of busybody politi- funds, Congress must now define and have homes now going to say to young cians who think it better for us to live limit presidential power. couples and young families, ‘‘Well, we in a crowded, central city walk-up than This is the danger: The road to tyr- have ours but we don’t want you to to have our own house with a two-car anny does not begin by egregious have yours’’? Are we going to tell garage and a nice quarter-acre lawn.’’ usurpations, but by those which appear young people in small homes now that We should remember that private logical; meant to gain public support. they cannot someday move to a bigger property is good for the environment We must not be lulled into compla- home because we basically have to stop because people always take better care cency, because later they will be aimed all development? Are we going to tell of their own property than they do of directly at our fundamental liberties homebuilders and construction workers property in public ownership. We and at our representative self-govern- that they are going to have to find should realize, too, that if we really ment. some other work, probably at much want to stop urban sprawl, we must My colleagues, eternal vigilance is lower pay? stop this stealth-like abolition of pri- still the price of liberty. No one wants our beautiful country- vate property so even more people are f side turned into strip malls or parking not forced into central cities and over- lots, but development can be done in The SPEAKER pro tempore. Under a crowded suburbs. beautiful, environmentally sound ways. previous order of the House, the gen- Mr. Speaker, we should stop govern- Old, unsightly buildings or blighted tleman from Washington (Mr. ment takeover of property and people areas can be greatly improved. We will then have both the freedom and NETHERCUTT) is recognized for 5 min- should stop the local government appe- utes. the opportunity to spread out. tite for farms which they then turn (Mr. NETHERCUTT addressed the f into industrial parks and give land at House. His remarks will appear here- The SPEAKER pro tempore. Under a bargain-basement rates, sometimes to after in the Extensions of Remarks.) previous order of the House, the gen- foreign corporations. f Why do I say environmentalists have tleman from California (Mr. HORN) is recognized for 5 minutes. URBAN SPRAWL caused a great deal of urban sprawl, indeed most of it? Well, just think about (Mr. HORN addressed the House. His The SPEAKER pro tempore. Under a it. When more and more land is taken remarks will appear hereafter in the previous order of the House, the gen- over by government or restricted from Extensions of Remarks.) tleman from Tennessee (Mr. DUNCAN) is development, that forces more and f recognized for 5 minutes. more people on to smaller and smaller MANAGED CARE REFORM Mr. DUNCAN. Mr. Speaker, the cur- pieces of land. It also drives up the rent politically-correct, fad issue with price of the remaining developable The SPEAKER pro tempore. Under a the liberal elite is what is called urban land, which also forces more people previous order of the House, the gen- sprawl. Those who are shouting the into apartments, townhouses or houses tleman from Iowa (Mr. GANSKE) is rec- loudest about this are for the most on postage-stamp-size lots. ognized for 5 minutes. part people who are very anti-private Big government, brought on pri- Mr. GANSKE. Mr. Speaker, yester- property or at least people who are marily by our liberal elite, has also day the newspapers across the country very lukewarm about property rights. caused urban sprawl. Big government trumpeted a headline. Here is one from They are usually wealthy environ- has given most of its contracts, favor- the Washington Post, similar to news- mental extremists, and ironically they able regulatory rulings, and tax breaks papers all across the country: HMO to are the very people who are the most to extremely big business. This has Leave Care Decisions Up to Doctors. responsible for urban sprawl in the driven many small businesses and The subheading is United Health Care first place. small farms out of existence. has 14.5 Million Clients. Today, the Federal Government owns Now the environmental extremists The first three paragraphs read: about 30 percent of the land in this Na- are aiming at agricultural run-off or ‘‘United Health Care, one of the Na- tion. State and local governments and spill-off. Rigid Federal rules and red tion’s largest managed care companies, quasi-governmental units own another tape hit the small farmers hardest and said yesterday that it will stop over- 20 percent, so that almost half the land keep driving them out, which of course ruling doctors’ decisions about what is in some type of public ownership. inures to the benefit of the big cor- care patients should receive. The com- The most disturbing things, however, porate farms. When the Federal Gov- pany, which covers 14.5 million people are, number one, the very rapid rate in ernment drives small businesses and nationwide and more than 200,000 peo- which government has been taking small farms and even small hospitals ple in the District of Columbia, Mary- over private property in the last 30 or out of existence, it drives more and land and Virginia, is abandoning a cor- 40 years; and, number two, the govern- more people into the cities and causes nerstone of the managed care indus- mental restrictions being placed on the more and more urban sprawl. try’s cost containment strategy and land that remains in private ownership We need to remember that private one of the features most responsible for now. property is one of the main things that the outpouring of public ill will toward I attended a homebuilders meeting a has given us the great freedom and managed care. United says it is taking few years ago in which they estimated prosperity that we enjoy in this coun- the final say out of the hands of man- that 60 percent of the developable land try today. It is one of the main things aged care bureaucrats and returning it in this country would be off-limits with that sets us apart from nations like the to the treating physician because restrict enforcement of our wetlands former Soviet Union and other starva- quiring doctors to get prior authoriza- laws. Also, the Endangered Species Act tion-existence type countries. tion was costing more money than it has stopped or delayed for years the de- Tom Bethell in his new book, ‘‘The saved.’’ velopment of roads that would have Noblest Triumph,’’ says, ‘‘Private prop- Now, think about this. This is the saved many lives and has stopped con- erty both disperses power and shields Nation’s second largest HMO, in the

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.265 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11847 first place admitting, yes, we have been A new survey by the Kaiser Family again exploring what these individuals making medical decisions. And then in Foundation showed that 85 percent of are doing, is basically they are again the second place saying, but you know employers support emergency room administering a mass of Federal pro- what, we have found that that is not provisions, and 94 percent of employers grams and a mass of Federal regula- cost efficient. So we are going to allow support the right to an independent re- tions that are being pumped out. What the doctors to make the decisions. view. Even on the right to sue, 60 per- that does in fact is it ties our teachers Remember, the HMOs have said dur- cent of employers support the right to up in little knots, it ties our school ing the debate we had here a couple of sue a plan, with support higher than boards and our States into bigger weeks ago, ‘‘Oh, no, we don’t make that for employers of small businesses, knots, and the last thing the teacher is medical decisions, we just make deter- and still above 50 percent for employers able to do is teach. They have put so minations of benefits.’’ And then they of firms with more than 5,000 workers. many constraints and requirements said, ‘‘But if you pass the legislation, it Mr. Speaker, it is time to get real and reports and paperwork on our is going to cost so much more. Pre- about managed care reform. Let us see teacher, that if you talk to a teacher miums will go up.’’ And, guess what, if the conference can really come up today, a teacher no longer has control one of the two cornerstones of the leg- with something real. of her classroom, his or her classroom, islation that passed this House was on f no longer has control over his or her agenda, no longer has discipline in the the determination of medical neces- b 2320 sity, physicians and patients would classroom and no longer has respect. make the decision. ILLEGAL NARCOTICS All of that, I think we can trace back to this massive Federal bureaucracy. b 2215 The SPEAKER pro tempore (Mr. TOOMEY). Under the Speaker’s an- A part of the budget battle right now Now, the second largest HMO in this nounced policy of January 6, 1999, the is how those education dollars are country is saying, hey, do you know gentleman from Florida (Mr. MICA) is spent. They still want to maintain on what, we found out that it cost us more recognized for 41 minutes. the other side of the aisle control of money to micromanage those deci- Mr. MICA. Mr. Speaker, I come to the entire education agenda from sions, so we are not going to do it any- the floor late on a Tuesday night once Washington. I do not think that has more. That certainly undercuts their again to talk about the issue of illegal ever been the case. The best schools arguments about increases in pre- narcotics. But before I get into the have always been parent and teacher miums, does it not? issue of illegal narcotics, I must follow and local community led. This is a very Mr. Speaker, on October 7, the House up on some of the comments of my col- fundamental argument. Balancing the of Representatives sent a message to leagues, and I am going to try to mesh budget was probably one of the easier the Senate: Get real about protecting my comments into part of the debate tasks. Of course, we took our wounded patients for all citizens from HMO that we are having here in Congress as in that battle and were accused of all abuses. We passed, remarkably, a bi- we wrap up the funding of our govern- kinds of misdeeds, but in fact we did partisan consensus managed care re- ment. It does take 13 appropriations bring the country’s budget into order, form bill by the margin of 275 to 151. measures to fund our entire govern- not by decreasing any programs, in The American public is now demand- ment. We have been through about fact, we have increased the money in ing real action on this issue. How do I nine of those bills. Really in most cases most of these programs, including edu- know that? A recent survey. The Wash- now we are down to the question of not cation, but by, in fact, limiting some of ington Post did a survey to better un- how much more money to expend but the increases in the programs that had derstand Americans’ concerns. More how to operate programs. I am so astronomical amounts of increases, the than 2,000 people were asked 51 things pleased that my colleagues on the ma- revenue that was coming in was not that might be worrying them. Do Mem- jority side, the Republican side, spent equal to the money in increases we bers know what the top worry in the part of the time tonight talking about were giving out and we got ourselves public is today, by 66 percent of people education and about some differences into two and $300 billion deficits. Every who worry about it? To a great deal, in philosophy. I think that is very im- pension fund, every trust fund was according to the survey, their worry is portant to particularly education. raided, and for 40 years that continued. that insurance companies are making I chaired the House Civil Service It was not buying votes but it was giv- decisions about medical care that doc- Subcommittee for some 4 years. If you ing out more money than was coming tors and patients should be making. want to find out where the bodies and in the treasury and then taking from Do Members know what else the sur- the bureaucrats are in our Federal all of these funds, some of them even vey showed? The same thing between Government, just chair that panel for a pension funds. Democrats, the same thing between short period of time and you will. I I oversaw some approximately 30 Republicans, the same thing between quickly found that there are about Federal pension funds out of about 36 Independents. Do Members know what 5,000 people in the United States De- or so that were totally without any else the survey showed? It did not mat- partment of Education. I also found hard assets. Every bit of money of the ter whether they were supporting Al out that about 3,000 of them are lo- Federal employees had been taken out. Gore or Bill Bradley or George W. cated just within a stone’s throw of the In fact, that obligation to pay back Bush, this was still number one on the Capitol building right here in the just the interest on the money that has public’s mind. Washington metropolitan area. Then been taken from those funds amounts So guess what we did during that de- another 2,000 are located in the ap- to about $40 billion and is projected to bate? We voted on the Senate bill in proximately dozen regional offices grow in the next 10 years to about $120 the form of the Boehner amendment. throughout the United States. It is no billion a year. It is, I believe, the What did the House do? It overwhelm- surprise that none of them are located fourth biggest budget item that we ingly defeated the Senate bill because in the classroom. It is also no surprise have, because there is no money in it is a sham bill. That Senate bill in that they earn between 50 and over that. Everybody is upset about Social this House only got 145 votes and 284 $100,000 apiece on average. They are Security and they took basically all votes against it. very well paid and they are education the money out of those funds, the hard Just a few days ago the House voted bureaucrats. Their responsibility is to cash put in certificates of indebtedness again. By a vote of 257 to 167, the House really provide the administration for of the United States. Well, they did the instructed conferees to support the some, it was 760 Federal education pro- same thing to the Federal employee House-passed bill, the Norwood-Din- grams. We have narrowed that down to pension funds. gell-Ganske bill. Why did the House approximately 700. In addition to that, You look at program after program, have to do this? Because the Speaker they are part of what I call the RAD we have had battle after battle to try appointed 13 GOP conferees, and only Patrol. The RAD Patrol is regulate, ad- to get those programs in order. The one of them voted for the bill that minister and dictate. highway trust fund. I serve on the passed the House. When is my Repub- Basically we found in our work on Committee on Transportation and In- lican leadership going to get it? the Civil Service Subcommittee and frastructure. The highway trust fund

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00141 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.269 pfrm02 PsN: H09PT1 H11848 CONGRESSIONAL RECORD — HOUSE November 9, 1999 was another fund that was abused. The presidency, they controlled the entire ious funds, just like we have not re- 18.4 cents that you were paying into three major determiners of policy for placed social security or unfunded Fed- this fund to build highways and public the District of Columbia and for na- eral employee pensions, but we have infrastructure, that money was not tional policy. begun that process. My point tonight is really going in there. Some of it was But we inherited in 1995 a Nation’s we do not want to turn back, whether not being spent to artificially, quote, capital in disgrace. Part of the budget it is those programs that I have men- go towards balancing the budget. Then battle today is, and one of the pending tioned or other programs. money was also taken out of there and items that has not been approved, the Another program I have mentioned used for other purposes other than President has vetoed it several times, tonight is the job training program. A what the highway trust fund was set up and he may veto it again, is funding for Washington Post article of October 4, for, and that cost tens of billions of the District of Columbia. 1994, basically found that the city was dollars to straighten that out. We have I always like to cite from facts about spending a great deal of money and not had a heck of a battle in the House of the situation. I do not mean to do this training anyone. In fact, one of the re- Representatives to try to straighten in a partisan fashion. We inherited a ports we had was no one was trained in that out. So whether it is pension responsibility here. We have had some one year, and that in fact most of the funds, whether it is Social Security, 4-plus, going on 5 years of running the money went for administration. whether it is the transportation high- Nation’s business, and also overseeing Another Washington Post article way trust fund, for 40 years they played Federal policy towards the District of talked in 1993 about drug and alcohol a game with the American people. Now Columbia. treatment, something that, of course, we are paying a penalty in trying to I cite from some articles about what is very much of interest to me and also straighten that out. But we are trying we inherited. A Washington newspaper, to our Subcommittee on Criminal Jus- to do it in a legitimate fashion. July 27, 1994, this article said about tice, Drug Policy, and Human Re- I chair the Criminal Justice and Drug public housing, and I will quote from sources. This is what we inherited: ‘‘Its Policy Subcommittee of the House of the article, ‘‘Hundreds of D.C. families drug and alcohol treatment programs,’’ Representatives. I try to speak at least live in deplorable conditions as a result the District, ‘‘however were denounced once a week as the person who is re- of the Department of Housing and as inadequate last month by Federal sponsible in the House in trying to help Urban Development’s failure to prop- officials.’’ develop a national drug policy. I try to erly monitor owners and inspect var- They go on to talk about lack of a focus on that issue, get the Congress, ious properties,’’ says a report by the mental health commissioner for the Mr. Speaker, and my colleagues here D.C. accounting office. ‘‘The study past year, and other deficits in pro- and the American people to pay atten- found that 292 HUD subsidized units at grams here. tion to what I consider the most seri- Edgewood Terrace in the Northeast Some of the worst examples of what ous social problem that we have, and section of the city, the District of Co- we inherited as a new majority is this certainly it is a criminal justice prob- lumbia, failed to meet standards, and article from the Washington Post in lem with our prisons nearly packed to even called some of the 114 occupied April of 1995. With the city’s financial capacity with some close to 2 million, apartments unfit for human habi- situation in almost total bankruptcy, 1.8 million Americans behind bars, tation.’’ they did in fact treat the mentally ill some 70 percent of them there because This is the type of situation we in- children in this fashion. Let me read they have been involved in some drug- herited. The public housing units were this from the article: related crime. not fit for human habitation. In fact, ‘‘Some mentally ill children at the We have a horrible situation. As I the housing agency was bankrupt. District’s St. Elizabeth’s Hospital have mentioned, we have had over 15,000 I spoke a minute ago about the tak- been fed little more than rice, jello, deaths; 15,973 deaths were reported ing of pension funds. Marion Barry, and chicken for the last month after from drug induced causes in 1997, our who was the chief executive, this re- some suppliers refused to make deliv- latest figures. That is up from 11,703 in port in the newspaper of November 9, eries because they have not been paid.’’ 1992 when this administration changed Washington, 1994, states that there was This is, again, part of what we inher- hands. $5 billion in unfunded police and fire- ited here in the District. So we have a very serious national fighters pension liability which also I could go on. There are more and problem. This national problem also as was increasing costs. more of these articles about what we far as narcotics is intertwined in this The D.C. General Hospital was hem- inherited in the District of Columbia. budget battle. As I say, we have 13 orrhaging in red ink, and there were My point tonight is that the District of budget bills or appropriations measures other fiscal problems. It goes on to cite Columbia is now beginning to be in that make up the total budget and ap- the situation with pension funds, the some order, brought into some order by propriations to run the country. One of hospital, and other matters that we in- the new Republican majority. This is those funding measures is to fund the herited, again, as the new majority. not the time to turn back. District of Columbia. We have an obli- The situation, I have cited this be- Tonight and this week we do not gation under the Constitution since we fore, but even the morgue was a dis- have an issue over dollars in the D.C. established in 1790 the District of Co- aster. This report from early in 1996, budget bill. We still have an issue, lumbia to fund the District of Colum- again, a Washington paper, the Wash- though, however, of policy. That policy bia and act as stewards of our Nation’s ington Post, reported, ‘‘About 40 bodies difference is over a liberal approach to capital and the district that was set are being stockpiled at the D.C. drug treatment, a liberal approach to up. morgue because the crematorium needle exchange, a liberal approach to broke down about a month ago, and the enforcing the laws about what are now b 2330 cash-strapped city government has no illegal narcotics in the District of Co- Unfortunately, in some 40 years of other way to dispose of the corpses.’’ lumbia. control by the other side, the District When the Republicans inherited, The administration would like to of Columbia, which should, again, be a again, 40 years of their oversight of the change the philosophy. They would shining example for all Americans, the District of Columbia, we were running like a liberal philosophy, a liberal nee- place of our national seat of govern- approximately three-quarters of $1 bil- dle exchange policy, liberalization of ment, a respected capital in the world lion in deficit that year that we inher- the narcotics laws in the District of turned into a city in disgrace, a city in ited this mess. I am pleased that as a Columbia. Our side, the majority, says despair. result of what we have done, not only no, we should not make that step, that When we inherited the District of Co- with the national budget but also with we think it is the wrong step. lumbia in 1995, and I came in 1993 when the District budget, this is one of the We have some good examples of what the other side was in control, and con- first years that the District is nearly bad programs have done. I always cite trolled the House, the Senate, and the in a balanced budget situation. just to the north of us Baltimore, other body, and by wide majorities, and We have not replaced all of the funds which has had a liberal policy. That the executive office, of course, the that have been taken from these var- policy in fact has caused tremendous

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00142 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.271 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11849 problems for Baltimore. Baltimore has We personally think this paying the Democrat Congress did, from 120 to gone from some 38,000 addicts just sev- more and getting less out of govern- some 20 individuals in the drug czar’s eral years ago, in 1996, according to ment is a bad approach and we would staff. That would be the first blow. DEA, to the most recent statistics by hate to see us take now a liberal policy Then the next blow was of course the one of the city council members there and adopt it in place of a conservative hiring of Jocelyn Elders who said ‘‘Just where Baltimore now has somewhere in policy, a zero tolerance policy when it say maybe’’ to our young people. the neighborhood of one out of every comes to drug enforcement. Again, the The next thing, if we looked at this eight citizens, and that could be any- statistics are pretty dramatic. chart and we added it in here, were the where from 70,000 to 80,000 people in A lot of folks say that those in jail reductions in spending on interdiction Baltimore are now drug or heroin ad- are there because they have committed and also on source country programs. dicts. some minor crime offense. That really Again, two Federal responsibilities. I do not think we need to model lib- is not the case. There are many myths Stopping drugs at their source and eral programs, liberal needle exchange that are relative to this war on drugs then stopping drugs before they come programs, or a liberal program as far and the effort against illegal narcotics. into our country and into our borders. as drug laws and model it after Balti- We had a study, one of the most re- In the international source country more and have that in the District of cent studies completed in the United programs, Federal drug spending on Columbia. We have some 540,000 popu- States was completed in New York by these programs declined 21 percent in lation here in the District. We probably their judicial officers and they found just one year after the Clinton admin- have some 60,000 addicts, if we adopted roughly 22,000 individuals serving time istration took office. So to go back to that model and the same thing hap- in New York State prisons for drug of- the chart, we see a 21 percent decrease. pened here in the District of Columbia. fenses. However, 87 percent of them In fact, just in the last year, in this were actually serving time for selling year, we will get us back to in inter- b 2340 drugs, 70 percent of those folks had one national programs to the level of 1992 We do not think that, in fact, that is or more felony convictions already on in spending and putting back together the way to go. their record. So 70 percent of those the cost-effective stopping drugs at I have also cited in the past, and I 22,000 individuals were already multiple their source. If one does not think have another chart here tonight, show- felons. these programs are successful, we have ing zero tolerance and a tough enforce- Of the people that are serving time spent very few dollars in the last 2 ment policy. Some folks do not like for drug possession, 76 percent were ac- years in Bolivia and Peru, two cooper- that. Some folks call for liberalization. tually arrested for sale or intent to sell ating countries under the leadership of They say the drug laws are too tough. charges and eventually pled down to President Banzer in Bolivia and Presi- But we find this New York City chart, possession. So some of the folks that dent Fujimori in Peru. In Peru, we look at index of crime. We have index are in New York State prison are there have cut the coca production by 60 per- of crimes and that is going down as the who may be charged with more minor cent in a little over 2 years. And in Bo- arrests and enforcement go up. offenses but, in fact, have plea bar- livia, some 50 percent of the cocaine Not only do we have crime being re- gained down. And, in fact, some 70 per- production has been reduced. And we duced with tough enforcement with cent of them have one or more felony can almost see the beginning of co- zero tolerance, the statistics on deaths convictions. caine trafficking use and abuse in the are about as dramatic as any figures I So we are not exactly dealing with United States, in fact we do see that have ever seen. There has been a 70 per- people who are being put in prison for and we see less and less of the product cent reduction in deaths since Mayor some minor drug offense. We are deal- coming into the country. So we know a Giuliani took office. The early years of ing with repeat offenders. little bit of money, out of billions and his taking office there were about 2,000 But the statistics do show in the billions expended on other programs deaths, and in 1998 they are down to manner in which this has been handled and certainly enforcement, certainly 629, a 70 percent reduction. Baltimore, in New York that, in fact, this tough imprisonment and certainly treatment, again, a liberal drug policy, more lib- enforcement, zero tolerance does make are very expensive programs. But keep- eral philosophy with their folks, has a big difference and dramatically ing the drugs out of our country again had 312 deaths in Baltimore in 1997, 312, changes the lifestyle, as anyone who is a Federal responsibility. the same figure, in 1998. And one can has visited New York or lives in New The interdiction programs, again, if we go back to the chart here and we see what again a contrasting philos- York can attest to. ophy can do. The other myth that I like to dispel see 1993, the Clinton administration re- So we think that it is very important and will talk about very briefly again duced interdiction, cut interdiction that we continue the fight. If the Presi- tonight is that the war on drugs is a some 23 percent 1 year after the Clin- dent wants to veto the bill again, many failure. Let me repeat some charts if I ton administration took office. So these charts and, again, we can of us here have said let him veto the may. I hear over and over that the war bring up the exact charts. It would al- bill, but we insist on some of these pro- on drugs is a failure. The war on drugs most be nice to superimpose those. But visions. Again, we do have the finances is not working. Let us just take a international programs, again, in the of the District in order. We have minute and look at what has happened. Reagan-Bush years were at this level. brought them in order. We have gone This chart does show 1980 and the Dropped down. We are bringing them from a $700-plus million deficit just in Reagan administration and the Bush back up to where we were 1991, 1992 the District, almost three-quarters of a administration through 1990, and the equivalent dollars, source country pro- billion when we inherited the District, Clinton administration. We see in this grams. to nearly a balanced budget in the Dis- long-term trend in drug use a con- trict of Columbia. tinuing decline. And this is through b 2350 We have reduced the number of em- the Reagan and Bush administration, a Source country programs, interdic- ployees from 48,000 to 33,000. We have tougher policy, awareness campaign tion programs, the same thing. They put in new administration. Of course that was made, interdiction and source cut dramatically. we had to put in a control board, some country programs that were properly Basically they stopped the war on of the operations we had to privatize funded. drugs as far as any effort and put most and some of them we had to reorganize. We saw all of that come to an end in of their effort into drug treatment pro- Programs are in order that were a dis- 1993 with the election of President grams. Most people would think that aster. Welfare and schools. They were Clinton and the new majority at that we have had a decline just of late or in paying some of the highest in taxes in time in the House. Actually, the old that period in drug treatment pro- the District of Columbia and some of majority. They controlled the House grams. In fact, Federal drug treatment the schools were the worst performing. and the Senate, the Democrat side and spending on treatment programs in- Paying highest amount per capita, one the White House. One could almost creased 37 percent from 1992 to 1998. It of the highest in the Nation, and again trace the dismantling of the drug czar’s went from $2 billion to a little over $3 getting some of the lowest results. office and he reduced that staff, and billion. Interestingly enough, even

VerDate 29-OCT-99 06:46 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00143 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.273 pfrm02 PsN: H09PT1 H11850 CONGRESSIONAL RECORD — HOUSE November 9, 1999 with the new majority, we have in- Today, this morning, and last week, I dollars that we ask to appropriate in a creased from 1995 when we took control began a series of closed door meetings fashion go to those specific projects, some 12 percent in spending, not tre- with the Department of State officials, and that the administration follow mendous increases of that past, but DoD officials, in addition to public through as directed by the Congress of there has been a steady increase. hearings that we have held, to find out the United States before we pour more So contrary to some belief and some where the money has gone. money into this war. Again, we are myths, we have been spending and in- Of the money, I have found that committed to put in whatever dollars creasing funding on treatment. But we about $200 million actually ended up are necessary to bring this situation know that dramatic reductions, again, going to the account designated for Co- under control. in interdiction and source country pro- lombia. Of that money, to date, only So we have a horrible situation get- grams cause problems. Those problems, about half of the $200 million has actu- ting worse. This last chart, as I close, of course, we are facing today in this ally been expended. shows the latest statistics showing budget battle. Unfortunately, we have requested, from South America 65 percent of the Also on the agenda in Washington and this has been a bipartisan request heroin now an increase from 14 to 17 this week is how much money we put of the administration for the past 4- percent, the heroin coming from Mex- into additional assistance. Today’s years, helicopters, equipment, re- ico, and some 18 percent from south- Washington Post has a story that be- sources, and assistance to Colombia so east Asia. A picture that looks worse rates the Congress a bit not moving the Colombians can fight the Marxist for Mexico, worse for South America, forward on funding for Colombia. insurgency that is financed by inter- and worse for the American people and I cited a success story the last couple national narcotics, narcoterrorists. To for the prospect of hard narcotics, in of years in Peru and Bolivia where we date, unfortunately almost all of that this case heroin, coming into our have made great strides in curtailing equipment has not reached the shores streets and our communities. illegal narcotics coming into the of Colombia. Finally, tomorrow we will meet with United States. In Colombia, we have a We are told that we had delivered the Mexican officials, their attorney reverse situation. this past weekend three helicopters. general, their other officials who will The administration in 1993 began an We have six other helicopters. We have effort to really close down our efforts be here with a high level of working nine helicopters in total of which, real- group to discuss the United States and to assist Colombia. First of all, they ly, not any of them are fully capable of stopped information sharing. Next, Mexico efforts to get illegal narcotics missions yet. Some still need armor- through the major transit country, they stopped overflights and also infor- ing. To make matters worse, we found mation sharing from those overflights. Mexico, under control. It is my hope that the ammunition that we have re- Where we shared information on shoot- that we can we can be successful, but quested year after year to provide to down policies, basically the adminis- we are also going to take a large look the Colombian national police and tration shot down that policy. For at Mexican cooperation, which has their enforcement folks that are going some time, we were left without pro- been lacking. after the narcotraffickers had been viding any assistance. Mr. Speaker, hopefully next week we The next dramatically destructive shipped November 1, some few days will have the opportunity with the step that was taken was the decerti- ago. They could not even confirm this Congress to come back and finish the fication of Colombia. Now, Colombia morning to me that that has arrived. narcotics report. could be decertified as not fully cooper- Now, we are willing to meet our f budget obligations, and we will put ating on the war of drugs, which is a LEAVE OF ABSENCE Presidential responsibility in his an- into Colombia whatever money we need nual assessment as charged by law. But for Colombia to help get that situation By unanimous consent, leave of ab- there is in that law a provision for a under control. But we have repeatedly sence was granted to: waiver which would have allowed us to provided funding assistance. We have Mr. MATSUI (at the request of Mr. get equipment, resources to Colombia. requested the administration to get re- GEPHARDT) for after 3:00 today on ac- In fact, that was not granted for sev- sources, helicopters, ammunition, count of official business. eral years. Until 1998, absolutely noth- whatever it takes to go after the Mr. PASCRELL (at the request of Mr. ing went to Colombia. narcoterrorists. GEPHARDT) for today on account of per- In the meantime, we have seen the I must report to the Speaker and the sonal business. disruption of Colombia. We have seen House of Representatives tonight that f the track record is absolutely dismal of nearly a million people displaced in 1 SPECIAL ORDERS GRANTED year, 300,000. We have seen some 30,000 performance by the administration. So people slaughtered, some 4,000 to 5,000 it is unfortunate that, even with a sup- By unanimous consent, permission to police and public officials, Members of posed request, and I asked this morn- address the House, following the legis- Congress, the Supreme Court slaugh- ing for a specific request of how much lative program and any special orders tered in Colombia. money the administration will be ask- heretofore entered, was granted to: Now we see the disruption of Colom- ing for, and we have heard anywhere (The following Members (at the re- bia and that disruption extending up from $1 billion to $2 billion, some folks quest of Mr. MCNULTY) to revise and into the Panama isthmus and to other have recommended as much as $1.5 bil- extend their remarks and include ex- countries. This region produces 20 per- lion to assist them over a several-year traneous material: cent of the United States daily oil sup- period, we still do not have, and I still Mr. LIPINSKI, for 5 minutes, today. ply, and suddenly this has become a do not have as of this morning a spe- Mr. PALLONE, for 5 minutes, today. crisis. cific proposal from the administration. Mr. STRICKLAND, for 5 minutes, The Washington Post asked today in I think this will be the December sur- today. the current budget negotiation, ‘‘how- prise. I think that once the Congress Mr. GREEN of Texas, for 5 minutes, ever, no one seems to be looking for has finished its work in the next few today. money for Colombia.’’ days that the Congress will be pre- Ms. LEE, for 5 minutes, today. One of my responsibilities of chair of sented with a price tag for this failure, Mr. MINGE, for 5 minutes, today. the Subcommittee on Criminal Justice, failure to get the equipment there, fail- (The following Members (at the re- Drug Policy and Human Relations is to ure to get the resources there, failure quest of Mr. DUNCAN) to revise and ex- find out where the money has gone, in- to spend the money that the Congress tend their remarks and include extra- vestigate how it has been expended. has already expended. neous material:) Last year, we appropriated some $287 So we are going to take a very hard Mr. BURTON of Indiana, for 5 minutes, million towards the antinarcotics ef- look at that and see how those dollars today. fort in a supplemental package, again should be expended. We will try to pro- Mr. FOSSELLA, for 5 minutes, today. to try to get us back on track with Co- vide additional resources. But we must Mr. JONES of North Carolina, for 5 lombia and in the international arena do it mindful of that we are guardians minutes, today. and interdiction arena. of the public Treasury and that those Mr. GOODLATTE, for 5 minutes, today.

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Mr. METCALF, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, 5257. A letter from the Director, Office of Mr. NETHERCUTT, for 5 minutes, ETC. Regulatory Management and Information, today. Environmental Protection Agency, transmit- Under clause 8 of rule XII, executive ting the Agency’s final rule—Approval and Mr. DUNCAN, for 5 minutes, today. communications were taken from the Promulgation of Implementation Plans; Ari- Mr. GOODLING, for 5 minutes, today. Speaker’s table and referred as follows: zona State Implementation Plan Revision, Mr. HORN, for 5 minutes, today. 5248. A letter from the Deputy Legal Coun- Maricopa County [AZ 086–0018a FRL–6468–6] Mr. GANSKE, for 5 minutes, today. sel, Department of the Treasury, transmit- received November 4, 1999, pursuant to 5 (The following Member (at his own ting the Department’s final rule—Commu- U.S.C. 801(a)(1)(A); to the Committee on request) to revise and extend his re- nity Development Financial Institutions Commerce. marks and include extraneous mate- Program (RIN: 1505–AA71) received Novem- 5258. A letter from the Director, Defense rial:) ber 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); Security Cooperation Agency, transmitting notification concerning the Department of Mr. HOLT, for 5 minutes today. to the Committee on Banking and Financial Services. the Navy’s proposed Letter(s) of Offer and (The following Member (at his own Acceptance (LOA) to Egypt for defense arti- request) to revise and extend his re- 5249. A letter from the Assistant Secretary for Legislative Affairs, Department of State, cles and services (Transmittal No. 00–11), marks and include extraneous mate- transmitting Determination and a Memo- pursuant to 22 U.S.C. 2776(b); to the Com- rial:) randum of Justification pursuant to Section mittee on International Relations. Mr. HUNTER, for 5 minutes today. 2(b)(6)(B) of the Export-Import Bank Act of 5259. A letter from the Assistant Secretary (The following Member (at her own 1945; to the Committee on Banking and Fi- for Legislative Affairs, Department of State, request) to revise and extend her re- nancial Services. transmitting certification of a proposed 5250. A letter from the Assistant Secretary Manufacturing License Agreement with marks and include extraneous mate- Japan [Transmittal No. DTC 147–99], pursu- rial:) for Legislative Affairs, Department of State, transmitting the Determinations and Jus- ant to 22 U.S.C. 2776(c); to the Committee on Ms. JACKSON-LEE of Texas, for 5 min- tification pursuant to Section 2(b)(6)(B) of International Relations. 5260. A letter from the Assistant Secretary utes today. the Export-Import Bank Act of 1945; to the for Legislative Affairs, Department of State, (The following member (at his own Committee on Banking and Financial Serv- transmitting certification of a proposed request) to revise and extend his re- ices. Manufacturing License Agreement with marks and include extraneous mate- 5251. A letter from the Director, Office of Greece [Transmittal No. DTC 149–99], pursu- Regulatory Management and Information, rial.) ant to 22 U.S.C. 2776(c); to the Committee on Environmental Protection Agency, transmit- Mr. GOODLING, for 5 minutes, today. International Relations. ting the Agency’s final rule—Approval and (The following Member (at his own 5261. A letter from the Assistant Secretary Promulgation of Air Quality Implementa- request) to revise and extend his re- for Legislative Affairs, Department of State, tion Plans; Rhode Island; Amendments to transmitting certification of a proposed li- marks and include extraneous mate- Air Pollution Control Regulation Number 9; cense for the export of defense articles or de- rial:) Correction [AD–FRL–6471–6] received Novem- fense services sold commercially under a Mr. DREIER, for 5 minutes, today. ber 4, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); contract to Australia [Transmittal No. DTC to the Committee on Commerce. 110–99], pursuant to 22 U.S.C. 2776(c); to the f 5252. A letter from the Director, Office of Committee on International Relations. Regulatory Management and Information, SENATE BILLS REFERRED 5262. A letter from the Assistant Secretary Environmental Protection Agency, transmit- for Legislative Affairs, Department of State, Bills of the Senate of the following ting the Agency’s final rule—Approval and transmitting certification of a proposed titles were taken from the Speaker’s Promulgation of Implementation Plans; Manufacturing License Agreement with Ger- Texas; Revisions to Consumer Products many [Transmittal No. DTC 139–99], pursu- table and, under the rule, referred as Rules [TX–106–1–7405a; FRL–6471–8] received follows: ant to 22 U.S.C. 2776(d); to the Committee on November 4, 1999, pursuant to 5 U.S.C. International Relations. S. 923. An act to promote full equality at 801(a)(1)(A); to the Committee on Commerce. 5263. A letter from the Assistant Secretary the United Nations for Israel; to the Com- 5253. A letter from the Director, Office of for Legislative Affairs, Department of State, mittee on International Relations. Regulatory Management and Information, transmitting certification of a proposed li- S. 1398. An act to clarify certain bound- Environmental Protection Agency, transmit- cense for the export of defense articles or de- aries on maps relating to the Coastal Barrier ting the Agency’s final rule—Removal of the fense services sold commercially under a Resources System; to the Committee on Re- Approval and Promulgation of Air Quality contract to Italy [Transmittal No. DTC 157– sources. Implementation Plans; Connecticut; Na- 99], pursuant to 22 U.S.C. 2776(d); to the Com- S. 1809. An act to improve service systems tional Low Emission Vehicle Program [CT– mittee on International Relations. for individuals with developmental disabil- 054–7213; A–1–FRL–6471–7] received November 5264. A letter from the Assistant Secretary ities, and for other purposes; to the Com- 4, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to for Legislative Affairs, Department of State, mittee on Education and the Workforce. the Committee on Commerce. transmitting certification of a proposed li- S. Con. Res. 30. Concurrent resolution rec- 5254. A letter from the Director, Office of cense for the export of defense articles or de- ognizing the sacrifice and dedication of Regulatory Management and Information, fense services sold commercially under a members of America’s nongovernmental or- Environmental Protection Agency, transmit- contract to Japan [Transmittal No. DTC 131– ganizations (NGO’s) and private volunteer ting the Agency’s final rule—Approval and 99], pursuant to 22 U.S.C. 2776(c); to the Com- organizations (PVO’s) throughout their his- Promulgation of Implementation Plans mittee on International Relations. tory and specifically in answer to their cou- Oklahoma; Visibility Protection [OK–3–1– 5265. A letter from the Assistant Secretary rageous response to recent disasters in Cen- 5201a; FRL–6470–4] received November 4, 1999, for Legislative Affairs, Department of State, tral America and Kosovo; to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting certification of a proposed lion International Relations. mittee on Commerce. cense for the export of defense articles or de- S. Con. Res. 68. Concurrent Resolution ex- 5255. A letter from the Director, Office of fense services sold commercially under a pressing the sense of Congress on the occa- Regulatory Management and Information, contract to Australia, Bermuda, Canada, sion of the 10th anniversary of historic Environmental Protection Agency, transmit- France, Germany, Italy, Japan, Norway, events in Central and Eastern Europe, parting the Agency’s final rule—Approval and Sweden, and the United Kingdom [Trans- ticularly the Velvet Revolution in Czecho- Promulgation of Implementation Plans; mittal No. DTC 161–99], pursuant to 22 U.S.C. slovakia, and reaffirming the bonds of California State Implementation Plan Revi- 2776(c); to the Committee on International friendship and cooperation between the sion, South Coast Air Quality Management Relations. United States and the Czech and Slovak Re- District [CA 034–0181; FRL–6470–6] received 5266. A letter from the Assistant Secretary publics; to the Committee on International November 4, 1999, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, Relations. 801(a)(1)(A); to the Committee on Commerce. transmitting certification of a proposed 5256. A letter from the Director, Office of Manufacturing License Agreement with Tur- f Regulatory Management and Information, key [Transmittal No. DTC 85–99], pursuant to Environmental Protection Agency, transmit- 22 U.S.C. 2776(c); to the Committee on Inter- ADJOURNMENT ting the Agency’s final rule—Approval and national Relations. Mr. MICA. Mr. Speaker, I move that Promulgation of Implementation Plans Ten- 5267. A letter from the Assistant Secretary the House do now adjourn. nessee: Approval of Revisions to Knox Coun- for Legislative Affairs, Department of State, ty portion of Tennessee Implementation transmitting certification of a proposed li- The motion was agreed to; accord- Plan [TN–105–1–9949a; TN–209–1–9950a; FRL– cense for the export of defense articles or de- ingly (at 12 midnight), the House ad- 6469–4] received November4, 1999, pursuant to fense services sold commercially under a journed until today, Wednesday, No- 5 U.S.C. 801(a)(1)(A); to the Committee on contract to NATO and the Netherlands vember 10, 1999, at 10 a.m. Commerce. [Transmittal No. DTC 150–99], pursuant to 22

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00145 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.279 pfrm02 PsN: H09PT1 H11852 CONGRESSIONAL RECORD — HOUSE November 9, 1999 U.S.C. 2776(c); to the Committee on Inter- pheric Administration, transmitting the Ad- H.R. 3264. A bill to amend the Investment national Relations. ministration’s final rule—National Fisheries Company Act of 1940 to promote the estab- 5268. A letter from the Assistant Secretary Habitat Program: Request for Proposals for lishment of small business investment com- for Legislative Affairs, Department of State, FY 2000 [Docket No. 990927267–9267–01] (RIN: panies; to the Committee on Commerce. transmitting certification of a proposed li- 0648–ZA71) received November 2, 1999, pursu- By Ms. BALDWIN (for herself, Mr. BAR- cense for the export of defense articles or de- ant to 5 U.S.C. 801(a)(1)(A); to the Committee RETT of Wisconsin, Mr. KIND, Mr. fense services sold commercially under a on Resources. KLECZKA, Mr. LUTHER, Mr. MARKEY, contract to Japan [Transmittal No. DTC 151– 5281. A letter from the Program Analyst, Mr. OBERSTAR, Mr. OBEY, Mr. WU, Mr. 99], pursuant to 22 U.S.C. 2776(c); to the Com- FAA, Department of Transportation, trans- LARSON, and Mr. SENSENBRENNER): mittee on International Relations. mitting the Department’s final rule—Year H.R. 3265. A bill to terminate operation of 5269. A letter from the Assistant Secretary 2000 Airport Safety Inspections [Docket No. the Extremely Low Frequency Communica- for Legislative Affairs, Department of State, FAA–1999–5924; SFAR No. 85] (RIN: 2120– tion System of the Navy; to the Committee transmitting certification of a proposed li- AG83) received November 1, 1999, pursuant to on Armed Services. cense for the export of defense articles or de- 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. BROWN of Ohio (for himself, fense services sold commercially under a Transportation and Infrastructure. Mr. WAXMAN, and Ms. SLAUGHTER): contract to Thailand [Transmittal No. DTC 5282. A letter from the Program Analyst, H.R. 3266. A bill to direct that essential an- 140–99], pursuant to 22 U.S.C. 2776(c); to the FAA, Department of Transportation, trans- tibiotic drugs not be used in livestock unless Committee on International Relations. mitting the Department’s final rule—Estab- there is a reasonable certainty of no harm to 5270. A letter from the Chief Counsel, For- lishment of Class E Airspace; St. Michael, human health; to the Committee on Com- eign Assets Control, Department of the AK [Airspace Docket No. 99–AAL–10] re- merce. Treasury, transmitting the Department’s ceived October 7, 1999, pursuant to 5 U.S.C. By Mr. CAMPBELL: final rule—Blocked Persons, Specially Des- 801(a)(1)(A); to the Committee on Transpor- H.R. 3267. A bill to improve benefits for ignated Nationals, Specially Designated Ter- tation and Infrastructure. members of the reserve components of the rorists, Foreign Terrorist Organizations, and 5283. A letter from the Acting Regulations Armed Forces and their dependents; to the Specially Designated Narcotics Traffickers: Officer, Social Security Administration, Committee on Armed Services. Addition of Persons Blocked to Executive transmitting the Administration’s final By Mr. COOK: Order 13088—received November 2, 1999, pur- rule—Reduction of Title II Benefits Under H.R. 3268. A bill to provide for the return of suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Family Maximum Provisions in Cases of fair and reasonable fees to the Federal Gov- mittee on International Relations. Dual Entitlement (RIN: 0960–AE85) received ernment for the use and occupancy of Na- 5271. A letter from the Assistant Secretary November 3, 1999, pursuant to 5 U.S.C. tional Forest System land under the recre- for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Ways and ation residence program, and for other pur- transmitting certification of a proposed li- Means. poses; to the Committee on Resources. cense for the export of defense articles or de- 5284. A letter from the Secretary of Trans- By Ms. DEGETTE (for herself and Mr. fense services sold commercially under a portation, transmitting a proposed bill enti- STRICKLAND): contract to the Republic of Korea [Trans- tled, ‘‘Surface Transportation Board Reau- H.R. 3269. A bill to amend title XIX of the mittal No. DTC 154–99], pursuant to 22 U.S.C. thorization Act of 1999’’; jointly to the Com- Social Security Act to make technical im- 2776(c); to the Committee on International mittees on Transportation and Infrastruc- provements in the operation of the Medicaid Relations. Program, particularly with respect to the 5272. A letter from the Chairman, Council ture, the Judiciary, and Commerce. treatment of disproportionate share hos- of the District of Columbia, transmitting a f pitals; to the Committee on Commerce. copy of D.C. Act 13–158, ‘‘Noise Control Tem- REPORTS OF COMMITTEES ON porary Amendment Act of 1999 ’’ received By Mr. DIAZ-BALART (for himself and November 2, 1999, pursuant to D.C. Code sec- PUBLIC BILLS AND RESOLUTIONS Mr. MCCOLLUM): H.R. 3270. A bill to amend title 18 of the tion 1—233(c)(1); to the Committee on Gov- Under clause 2 of rule XIII, reports of United States Code to prevent stalking of ernment Reform. committees were delivered to the Clerk 5273. A letter from the Chairman, Defense minors, and for other purposes; to the Com- for printing and reference to the proper mittee on the Judiciary. Nuclear Facilities Safety Board, transmit- calendar, as follows: ting the report on commercial activities; to By Mr. DUNCAN: H.R. 3271. A bill to amend title XVIII of the the Committee on Government Reform. Mr. TAUZIN: Committee of Conference. 5274. A letter from the Staff Director, Fed- Conference report on H.R. 1554. A bill to Social Security Act to expand the Medicare eral Election Commission, transmitting the amend the provisions of title 17, United Payment Advisory Commission to 19 mem- response to the Office of Management and States Code, and the Communications Act of bers and to include on such commission indi- Budget memorandum of July 12, 1999 regard- 1934, relating to copyright licensing and car- viduals with national recognition for their ing the inventory of commercial activities; riage of broadcast signals by satellite (Rept. expertise in manufacturing and distributing to the Committee on Government Reform. 106–464). Ordered to be printed. finished medical goods; to the Committee on 5275. A letter from the Executive Director, f Ways and Means, and in addition to the Com- Japan-United States Friendship Commis- mittee on Commerce, for a period to be sub- sion, transmitting a report that the Commis- PUBLIC BILLS AND RESOLUTIONS sequently determined by the Speaker, in sion does not engage in any contracting ac- Under clause 2 of rule XII, public each case for consideration of such provi- tivities that would be covered under the sions as fall within the jurisdiction of the bills and resolutions were introduced committee concerned. FAIR Act; to the Committee on Government and severally referred, as follows: Reform. By Mr. FILNER: 5276. A letter from the Executive Director, By Mr. BLILEY (for himself, Mr. MAR- H.R. 3272. A bill to amend the Immigration Marine Mammal Commission, transmitting KEY, Mr. TAUZIN, Mr. OXLEY, Mr. and Nationality Act to restore certain provi- the Commercial Activities Inventory Report; GILLMOR, Mr. DEUTSCH, Mr. PICK- sions relating to the definition of aggravated to the Committee on Government Reform. ERING, Mr. ENGEL, Mr. BILBRAY, Mr. felony and other provisions as they were be- 5277. A letter from the Office of the Direc- BURR of North Carolina, Mr. fore the enactment of the Illegal Immigra- tor, National Gallery of Art, transmitting a LARGENT, Mr. COBURN, Mr. SHAYS, tion Reform and Immigrant Responsibility copy of the Commercial Activities Inventory Mr. FOSSELLA, Mr. EHRLICH, Mr. Act of 1996; to the Committee on the Judici- of the civil service positions in accordance DAVIS of Virginia, and Mr. BLUNT): ary. with Public Law 105–270; to the Committee H.R. 3261. A bill to amend the Communica- By Mr. FILNER: on Government Reform. tions Satellite Act of 1962 to promote com- H.R. 3273. A bill to except spouses and chil- 5278. A letter from the Chairman, National petition and privatization in satellite com- dren of Philippine servicemen in the United Labor Relations Board, Office of Inspector munications, and for other purposes; to the States Navy from bars to admission and re- General, transmitting the Commercial Ac- Committee on Commerce. lief under the Immigration and Nationality tivities Inventory; to the Committee on Gov- By Mr. BISHOP: Act; to the Committee on the Judiciary. ernment Reform. H.R. 3262. A bill to provide for Federal rec- By Mr. GUTIERREZ: 5279. A letter from the Deputy Assistant ognition of the Lower Muscogee-Creek In- H.R. 3274. A bill to amend the Public Administrator, National Oceanic and Atmos- dian Tribe of Georgia, and for other pur- Health Service Act, the Employee Retire- pheric Administration, transmitting the Ad- poses; to the Committee on Resources. ment Income Security Act of 1974, the Inter- ministration’s final rule—Application of Ma- By Mr. BISHOP (for himself and Mr. nal Revenue Code of 1986, and title XVIII of rine Biotechnology to Assess the Health of EVERETT): the Social Security Act to provide protec- Coastal Ecosystems: Request for Proposals H.R. 3263. A bill to require country of ori- tion for beneficiaries of group and individual for FY 2000 [Docket No. 991027290–9290–01] gin labeling of peanuts and peanut products health insurance coverage, group health (RIN: 0648–ZA74) received November 2, 1999, and to establish penalties for violations of plans, and MedicareChoice plans in the use of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the labeling requirements; to the Committee prescription drug formularies; to the Com- mittee on Resources. on Agriculture. mittee on Commerce, and in addition to the 5280. A letter from the Deputy Assistant By Mr. KUYKENDALL (for himself and Committees on Education and the Work- Administrator, National Oceanic and Atmos- Mr. CAMPBELL): force, and Ways and Means, for a period to be

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00146 Fmt 7634 Sfmt 0634 E:\CR\FM\L09NO7.000 pfrm02 PsN: H09PT1 November 9, 1999 CONGRESSIONAL RECORD — HOUSE H11853

subsequently determined by the Speaker, in gency rooms and other sites provide special- Mississippi, Mr. TAYLOR of Mis- each case for consideration of such provi- ized assistance to victims of sexual assault sissippi, Mr. HASTERT, and Mr. sions as fall within the jurisdiction of the and interpersonal violence; to the Com- LARGENT): committee concerned. mittee on Commerce. H. Res. 370. A resolution recognizing and By Mr. HOLT: By Mrs. WILSON (for herself and Mr. honoring Walter Payton and expressing the H.R. 3275. A bill to amend the Federal In- UDALL of New Mexico): condolences of the House of Representatives secticide, Fungicide, and Rodenticide Act to H.R. 3288. A bill to authorize the acquisi- to his family on his death; to the Committee require local educational agencies and tion of the Valles Caldera, to provide for an on Government Reform. schools to implement integrated pest man- effective land and wildlife management pro- By Mr. SHOWS: agement systems to minimize the use of pes- gram for this resource within the Depart- H. Res. 371. A resolution providing for con- ticides in schools and to provide parents, ment of Agriculture, and for other purposes; sideration of the bill (H.R. 664) to provide for guardians, and employees with notice of the to the Committee on Resources. substantial reductions in the price of pre- use of pesticides in schools, and for other By Mrs. CHENOWETH-HAGE: scription drugs for Medicare beneficiaries; to purposes; to the Committee on Agriculture. H.J. Res. 77. A joint resolution notifying the Committee on Rules. By Mr. JENKINS: the Government of Panama of the nullity of By Mr. STARK (for himself and Mr. H.R. 3276. A bill to suspend temporarily the the Carter-Torrijos treaties and recognizing BROWN of Ohio): duty on thionyl chloride; to the Committee the validity of the Hay-Bunau-Varilla Treaty H. Res. 372. A resolution providing for con- on Ways and Means. with respect to control of the Panama Canal sideration of the bill (H.R. 1495) to amend By Mr. LEVIN: Zone; to the Committee on Armed Services. title XVIII of the Social Security Act to pro- H.R. 3277. A bill to provide for inter- By Mr. YOUNG of Florida: vide for coverage of outpatient prescription regional primary elections and caucuses for H.J. Res. 78. A joint resolution making fur- drugs under the Medicare Program; to the selection of delegates to political party Pres- ther continuing appropriations for the fiscal Committee on Rules. idential nominating conventions; to the year 2000, and for other purposes; to the Committee on House Administration. Committee on Appropriations. f By Mr. LUCAS of Oklahoma: By Mr. THOMAS: H.R. 3278. A bill to amend the Federal De- H. Con. Res. 221. Concurrent resolution au- posit Insurance Act and the Federal Home thorizing printing of the brochures entitled MEMORIALS ‘‘How Our Laws Are Made‘‘ and ’’Our Amer- Loan Bank Act to provide for the payment of Under clause 3 of rule XII, memorials Financing Corporation interest obligations ican Government’’, the pocket version of the from balances in the deposit insurance funds United States Constitution, and the docu- were presented and referred as follows: in excess of a designated reserve ratio; to the ment-sized, annotated version of the United 280. The SPEAKER presented a memorial Committee on Banking and Financial Serv- States Constitution; to the Committee on of the General Assembly of the State of Illi- ices. House Administration. nois, relative to House Resolution No. 303 en- By Mr. MEEHAN: By Mr. ROGAN: couraging and supporting Governor George H.R. 3279. A bill to prohibit the possession H. Con. Res. 222. Concurrent resolution Ryan’s decision to immediately engage the of a firearm in a hospital zone; to the Com- condemning the assassination of Armenian Administrator of the United States Environ- mittee on the Judiciary. Prime Minister Vazgen Sargsian and other mental Protection Agency in a dialogue to- By Mrs. MINK of Hawaii: officials of the Armenian Government and wards meeting and resolving the technical H.R. 3280. A bill to amend title II of the So- expressing the sense of the Congress in challenges of using ethanol in Phase II RFG; cial Security Act to provide for continued mourning this tragic loss of the duly elected that the dialogue shall include presentation entitlement to child’s insurance benefits of leadership of Armenia; to the Committee on of recent research data suggesting ethanol individuals who marry after attaining age 18 International Relations. benefits and the request that the U.S. Envi- and who have Hansen’s disease; to the Com- By Mr. COX (for himself, Mr. HASTERT, ronmental Protection Agency permit the mittee on Ways and Means. Mr. ARMEY, Mr. DELAY, Mr. WATTS of continued use of ethanol under phase II of By Mrs. MINK of Hawaii: Oklahoma, Mrs. FOWLER, Ms. PRYCE the RFG Program in a way that will not eco- H.R. 3281. A bill to amend title II of the So- of Ohio, Mr. DAVIS of Virginia, Mr. nomically disadvantage Illinois’ to the Com- cial Security Act to provide for payment in GILMAN, Mr. DREIER, Mr. SPENCE, and mittee on Commerce. all cases of lump-sum death payments; to the Mr. LANTOS): 281. Also, a memorial of the General As- Committee on Ways and Means. H. Con. Res. 223. Concurrent resolution ex- sembly of the State of Illinois, relative to By Mrs. MORELLA: pressing the sense of the Congress regarding House Resolution No. 229 memorializing the H.R. 3282. A bill to amend the Internal Rev- Freedom Day; to the Committee on Govern- United States Congress to pass H.R. 8; to the enue Code of 1986 to make the dependent care ment Reform, and in addition to the Com- Committee on Ways and Means. credit refundable, and for other purposes; to mittee on International Relations, for a pe- 282. Also, a memorial of the General As- the Committee on Ways and Means. riod to be subsequently determined by the sembly of the State of Illinois, relative to By Mr. NEAL of Massachusetts: Speaker, in each case for consideration of House Resolution No. 160 memorializing the H.R. 3283. A bill to amend the Internal Rev- such provisions as fall within the jurisdic- Illinois congressional delegation to influence enue Code of 1986 to revise the tax treatment tion of the committee concerned. and guide the federal budgeting process for of derivative transactions entered into by a By Mr. THOMPSON of California (for FFY 2000 and beyond to restore full funding corporation with respect to its stock; to the himself, Mr. REYES, Mr. CUNNINGHAM, for Social Service Block Grant/Title XX Pro- Committee on Ways and Means. Mr. PITTS, and Mr. BOYD): gram and incrementally increase funding for By Mr. PALLONE: H. Con. Res. 224. Concurrent resolution this essential program as future federal H.R. 3284. A bill to amend part C of title calling upon the President to issue a procla- budget opportunities present themselves; to XVIII to provide for an improved method- mation recognizing the 25th anniversary of the Committee on Ways and Means. ology for the calculation of MedicareChoice the end of the Vietnam era and commemo- 283. Also, a memorial of the General As- payment rates; to the Committee on Ways rating the service and sacrifice of the men sembly of the State of Illinois, relative to and Means, and in addition to the Committee and women who, as members of the Armed House Resolution No. 95 memorializing Con- on Commerce, for a period to be subse- Forces or as civilians, during that era served gress to take the steps to strengthen Social quently determined by the Speaker, in each the Nation in the Republic of Vietnam and Security so that all Americans can be as- case for consideration of such provisions as elsewhere in Southeast Asia or otherwise sured that the program will be there for fall within the jurisdiction of the committee served in support of United States operations them; to the Committee on Ways and Means. concerned. in Vietnam and in support of United States 284. Also, a memorial of the General As- By Mr. SESSIONS: interests throughout the world; to the Com- sembly of the State of Illinois, relative to H.R. 3285. A bill to authorize public-private mittee on Veterans’ Affairs. House Resolution No. 228 memorializing the partnerships to rehabilitate Federal real By Mr. STUMP: U.S. Congress to pass H.R. 2; jointly to the property, and for other purposes; to the Com- H. Res. 368. A resolution providing for the Committees on Education and the Workforce mittee on Government Reform. concurrence by the House with amendments and Ways and Means. By Mr. TAYLOR of Mississippi: in the amendment of the Senate to H.R. 2280. H.R. 3286. A bill to continue coverage of By Mr. KUCINICH (for himself, Ms. f custodial care under the military health care WOOLSEY, Mr. HINCHEY, Ms. BALDWIN, system for certain individuals during fiscal Mr. OWENS, Mr. MARKEY, Ms. MCKIN- year 2000; to the Committee on Armed Serv- NEY, Mr. GUTIERREZ, and Mr. JACKSON PRIVATE BILLS AND ices. of Illinois): RESOLUTIONS By Mr. WEINER (for himself and Mr. H. Res. 369. A resolution on reducing the CHABOT): risks and dangers associated with nuclear Under clause 3 of rule XII, H.R. 3287. A bill to amend the Public weapons in the new millennium; to the Com- Mr. TAYLOR of Mississippi introduced a Health Service Act to provide for demonstra- mittee on International Relations. bill (H.R. 3289) for the relief of Janet Louise tion projects in which nurses and other By Mr. PICKERING (for himself, Mr. Ruehling; which was referred to the Com- health care professionals in hospital emer- WICKER, Mr. SHOWS, Mr. THOMPSON of mittee on Armed Services.

VerDate 29-OCT-99 05:37 Nov 10, 1999 Jkt 079060 PO 00000 Frm 00147 Fmt 7634 Sfmt 0634 E:\CR\FM\L09NO7.100 pfrm02 PsN: H09PT1 H11854 CONGRESSIONAL RECORD — HOUSE November 9, 1999 ADDITIONAL SPONSORS H.R. 1841: Mr. BLUMENAUER and Mr. OWENS. H.R. 3144: Mr. CONDIT, Mr. SISISKY, Mr. H.R. 1871: Mr. THOMPSON of Mississippi. MATSUI, Mr. BOUCHER, Mr. CUMMINGS, and Under clause 7 of rule XII, sponsors H.R. 1896: Ms. EDDIE BERNICE JOHNSON of Mr. RAHALL. were added to the public bills and reso- Texas and Mr. FOLEY. H.R. 3148: Mr. PAYNE and Ms. DEGETTE. lutions as follows: H.R. 1899: Mr. MEEKS of New York. H.R. 3159: Mr. KUCINICH. H.R. 303: Mr. SCOTT, Mr. MARKEY, Mrs. H.R. 1917: Mr. SMITH of Washington. H.R. 3173: Mr. BLUNT, Mr. NUSSLE, Mr. LOWEY, Mr. MEEKS of New York, and Mr. H.R. 2233: Mrs. THURMAN. LUCAS of Oklahoma, Mr. MCHUGH, Mr. WELDON of Pennsylvania. H.R. 2241: Mrs. MEEK of Florida. EVANS, Mr. LATHAM, Mr. OSE, Mrs. THURMAN, H.R. 372: Mr. ENGEL and Mr. SMITH of New H.R. 2294: Mrs. MCCARTHY of New York. Mr. JOHN, Mr. FOLEY, and Mr. CANADY of Jersey. H.R. 2298: Mr. THOMPSON of Mississippi. Florida. H.R. 382: Mr. MINK of Hawaii, Ms. BALDWIN, H.R. 2335: Mr. NETHERCUTT, Mr. WYNN, Mr. H.R. 3180: Mr. REGULA, Mr. DUNCAN, Mr. Mr. TOWNS, Mr. JACKSON of Illinois, Mr. OXLEY, Mrs. MYRICK, Mr. HOEKSTRA, Mr. PE- BILBRAY, and Mr. SAXTON. PHELPS, and Ms. WOOLSEY. TERSON of Pennsylvania, and Mr. BOEHNER.. H.R. 3192: Mr. QUINN, Mr. BROWN of Ohio, H.R. 443: Mr. MOAKLEY, Mr. BASS, Mr. H.R. 2345: Mr. RANGEL. and Mr. STRICKLAND. HASTINGS of Florida, Mr. MENENDEZ, Mr. H.R. 2372: Mr. BARR of Georgia, Mr. H.R. 3193: Mr. THOMPSON of California. SAKSON OMBEST HOLT, Mr. ANDREWS, Mr. WU, and Mr. I , and Mr. C . H.R. 3197: Mrs. LOWEY. H.R. 2376: Mr. GOODE. FRELINGHUYSEN. H.R. 3242: Mr. KLECZKA, Mr. GRAHAM, Mr. H.R. 2412: Ms. CARSON, Mr. BURTON of Indi- H.R. 453: Mr. UDALL of Colorado and Mr. VITTER, Mr. BARRETT of Wisconsin, Mr. ana, Mr. VISCLOSKY, Mr. ROEMER, Mr. HILL of WYNN. NETHERCUTT, Mr. NORWOOD, Mr. Indiana, Mr. BUYER, Mr. PEASE, Mr. H.R. 460: Mr. HOYER. LATOURETTE, Mr. DEMINT, Mr. BACHUS, and HOSTETTLER, and Mr. MCINTOSH. H.R. 475: Mr. ROMERO-BARCELO, Mr. Mr. DEAL of Georgia. H.R. 2420: Mr. VISCLOSKY, Mr. BISHOP, Mr. FALEOMAVAEGA, and Ms. MCKINNEY. H.R. 3246: Mr. EWING. SIMPSON, Mr. MCDERMOTT, Mr. PITTS, Mr. H.R. 493: Mr. BARTON of Texas. H.J. Res. 41: Mr. GREEN of Texas. LOBIONDO, Mr. MOLLOHAN, Mr. DAVIS of Illi- H.R. 534: Mr. JOHN and Mr. POMEROY. H.J. Res. 53: Mr. MCKEON. nois, and Mr. MENENDEZ. H.R. 692: Mr. YOUNG of Florida. H.J. Res. 66: Mr. LARGENT, Mrs. MYRICK, H.R. 2498: Mr. STUPAK, Mrs. ROUKEMA, and H.R. 708: Ms. NORTON. Mr. COLLINS, and Mr. WHITFIELD. ANFORD Mr. SALMON. H.R. 721: Mr. S . H. Con. Res. 30: Mr. OSE. H.R. 742: Ms. HOOLEY of Oregon. H.R. 2512: Mr. FALEOMAVAEGA. H. Con. Res. 62: Mr. GREEN of Wisconsin. H.R. 750: Ms. HOOLEY of Oregon and Mr. H.R. 2644: Mr. KUCINICH. H. Con. Res. 89: Mr. LIPINSKI. FORBES. H.R. 2655: Mr. SESSIONS. H. Con. Res. 111: Ms. SCHAKOWSKY. H.R. 783: Ms. DUNN, Mr. CROWLEY, and Mr. H.R. 2660: Mr. GOODE. H. Con. Res. 152: Mr. MARTINEZ. HUTCHINSON. H.R. 2726: Mr. GOODE and Mr. RADANOVICH. H. Con. Res. 169: Mr. PETERSON of Min- H.R. 876: Mr. BURR of North Carolina. H.R. 2727: Mr. REGULA. nesota, Mr. WELDON of Pennsylvania, Mr. H.R. 925: Mr. FARR of California. H.R. 2749: Mr. MORAN of Kansas. BLILEY, and Mr. WOLF. H.R. 936: Mr. BARTLETT of Maryland. H.R. 2815: Mr. LAMPSON. H. Con. Res. 170: Mr. PETERSON of Min- H.R. 980: Mr. BOSWELL. H.R. 2831: Mr. OBERSTAR, Mr. FROST, Mr. nesota, Mr. ROMERO-BARCELO´ , Mr. LIPINSKI, H.R. 1044: Mr. BUYER, Mr. COOK, Mr. GOODE, DOYLE, Mr. WELDON of Pennsylvania, Mr. Mr. QUINN, Mr. SMITH of New Jersey, and Mr. and Mr. SOUDER. BARRETT of Wisconsin, and Mr. LAFALCE. WOLF. H.R. 1046: Mr. LAHOOD. H.R. 2864: Ms. EDDIE BERNICE JOHNSON of AXMAN OLT H.R. 1071: Mr. BAIRD, Mr. FALEOMAVAEGA, Texas, Mr. ACKERMAN, Mr. KIND, and Mrs. H. Con. Res. 177: Mr. W , Mr. H , BERSTAR and Mr. HERGER. LOWEY. and Mr. O . H.R. 1111: Mr. FLETCHER. H.R. 2906: Mr. PORTER. H. Con. Res. 186: Mr. CHABOT and Mr. SIMP- H.R. 1163: Mr. KUCINICH. H.R. 2939: Mr. THOMPSON of Mississippi. SON. H.R. 1168: Mr. OWENS. H.R. 2966: Mrs. CHENOWETH-HAGE, Mr. H. Con. Res. 205: Ms. BERKLEY and Mr. GIB- H.R. 1215: Mr. WU. CLEMENT, Mr. DAVIS of Virginia, Mr. DICKS, BONS. H.R. 1226: Ms. SLAUGHTER and Mr. DAVIS of Mrs. NAPOLITANO, Mr. UPTON, Mr. BAIRD, Mr. H. Con. Res. 206: Mr. CARDIN and Mr. Florida. BARR of Georgia, Mr. BERRY, Mrs. CAPPS, Mr. STARK. H.R. 1238: Mrs. MALONEY of New York. CHAMBLISS, Mr. COLLINS, Mr. CONDIT, Mr. H. Con. Res. 209: Mr. WEXLER, Mr. H.R. 1248: Mr. FORD. DEAL of Georgia, Mr. DICKEY, Mr. GOODE, Mr. CAPUANO, Mr. THOMPSON of Mississippi, and H.R. 1275: Mr. FILNER, Mr. WELDON of Flor- ISAKSON, Mr. LINDER, Mrs. MORELLA, Mr. PE- Mr. PETRI. ida, Mr. MALONEY of Connecticut, Mr. TERSON of Pennsylvania, Mr. RILEY, Mr. H. Con. Res. 212: Mr. DOOLITTLE. TANCREDO, Mr. WEXLER, Mr. GALLEGLY, Mr. STEARNS, Mr. SWEENEY, Mr. WATKINS, Mr. H. Con. Res. 216: Mr. ROTHMAN, Mr. BILI- HORN, Mr. HOLT, and Mr. ANDREWS. WEINER, Mr. WOLF, and Mr. WU. RAKIS, and Mr. WEXLER. H.R. 1286: Ms. NORTON and Mr. RYAN of H.R. 3010: Mr. THOMPSON of Mississippi. H. Con. Res. 218: Mr. UDALL of Colorado Wisconsin. H.R. 3091: Mr. CANADY of Florida, Mr. and Mr. MCNULTY. H.R. 1356: Mr. STUPAK. LAHOOD, Mr. HASTINGS of Florida, Mr. H. Res. 146: Mr. COOK. H.R. 1478: Mr. KUCINICH. BLUMENAUER, Mr. SANDLIN, Mr. WEINER, Mr. H. Res. 187: Mr. HOYER. H.R. 1504: Mr. PICKERING and Mr. MINGE. KUCINICH, Mr. BRADY of Pennsylvania, Mr. H. Res. 309: Mr. PAYNE, Mr. SMITH of New H.R. 1525: Mr. GUTIERREZ. FROST, Mr. DIAZ-BALART, Mr. BENTSEN, Mr. Jersey, Mr. OWENS, and Mr. KUCINICH. H.R. 1594: Mr. SMITH of Washington and Mr. DICKEY, Mr. KENNEDY of Rhode Island, Mr. H. Res. 332: Mr. DOOLITTLE. CLAY. KLINK, Mr. WYNN, and Mr. WEXLER. H. Res. 340: Ms. LEE. H.R. 1601: Mr. ISAKSON, Mrs. FOWLER, Mr. H.R. 3100: Mr. GREENWOOD, Mr. LATHAM, BASS, Ms. RIVERS, and Ms. STABENOW. Mr. QUINN, Mr. HORN, and Mr. REGULA. f H.R. 1622: Mr. SCHAKOWSKY, Mr. PHELPS, H.R. 3107: Mr. OWENS, Mr. SANDERS, Mr. and Ms. LEE. COYNE, and Mr. CAPUANO. H.R. 1625: Mr. TIERNEY and Mr. KANJORSKI. H.R. 3113: Mr. BARTON of Texas. DELETIONS OF SPONSORS FROM H.R. 1671: Mr. MCNULTY. H.R. 3116: Mr. TALENT, Mr. HALL of Texas, PUBLIC BILLS AND RESOLUTIONS H.R. 1681: Mr. THOMPSON of Mississippi and Mr. HORN, Mr. EHLERS, Mr. KUYKENDALL, Mr. Under clause 7 of rule XII, sponsors Mr. FATTAH. UPTON, Mr. SHAYS, Mrs. JOHNSON of Con- were deleted from public bills and reso- H.R. 1775: Mr. WELDON of Florida, and Mr. necticut, Mr. GILCHREST, Mrs. THURMAN, and THOMPSON of Mississippi. Mr. BOEHLERT. lutions as follows: H.R. 1814: Mr. FRANKS of New Jersey. H.R. 3142: Mr. BOEHLERT and Ms. H.R. 1300: Mr. WHITFIELD. H.R. 1816: Mr. LANTOS and Mr. GILCHREST. MILLENDER-MCDONALD. H.R. 2907: Mr. BILIRAKIS.

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