[Congressional Record Volume 148, Number 7 (Tuesday, February 5, 2002)]
[House]
[Pages H123-H125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     TECHNICAL CORRECTION OF ERROR IN THE CODIFICATION OF TITLE 36

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 1888) to amend title 18 of the United States Code 
to correct a technical error in the codification of title 36 of the 
United States Code.
  The Clerk read as follows:

                                S. 1888

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TECHNICAL CORRECTION OF ERROR IN THE CODIFICATION 
                   OF TITLE 36.

       Section 2320(e)(1)(B) of title 18, United States Code, is 
     amended by striking ``section 220706 of title 36'' and 
     inserting ``section 220506 of title 36''.

  The SPEAKER pro tempore (Mr. Isakson). Pursuant to the rule, the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from 
California (Mr. Berman) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 1888.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 1888, legislation to correct a 
technical error in the Federal Criminal Code concerning the protection 
of certain Olympic trademarks.
  As you know, a great tradition resumes this week. The Winter Olympic 
Games begin in Salt Lake City, Utah. The tradition of the Olympics is 
more important than ever. Amateur athletes from around the world come 
together

[[Page H124]]

to compete in goodwill and strive towards excellence in their sport. 
They are an inspiration to us all.
  Since the tragedies of September 11, it is more important than ever 
that the nations of the world are united in peaceful exhibition. Surely 
my colleagues join me in the pride that our country hosts the games 
this winter.
  The Departments of Justice and the Treasury and the U.S. Olympic 
Committee have recently notified Congress that an incorrect citation 
was made when a recodification of certain laws was passed in 1998. This 
typographical error, the insertion of the number 7 instead of 5, 
inadvertently undermines the protection of Olympic trademarks such as 
the Olympic rings. This legislation corrects the error.
  The need to protect trademarks and other intellectual property is 
stronger today than ever. There are disturbing reports detailing how 
the proceeds of counterfeit and pirated goods are used to fund a 
variety of dangerous criminal enterprises including terrorism. It is 
important that we safeguard the integrity of the goodwill of the 
Olympics as well as our public safety by giving Federal law enforcement 
the tools to go after wrongdoers and to protect these important 
trademarks.
  I would also like to say a few words about something that is very 
disturbing to me. When I was driving in from the airport today, the 
radio carried a report that the International Olympic Committee had 
denied the request of the United States Olympic team to carry as the 
American flag that flag which had been recovered from the wreckage of 
the World Trade Center. Today we are talking about legislation relating 
to the meaning of symbols, the Olympic rings in particular, and how 
important symbols are to the fight against evil and for good, and how 
important symbols are in terms of preventing criminals and terrorists 
from appropriating those symbols for their own use.
  I was honestly shocked to hear that the bureaucrats of the 
International Olympic Committee are denying the American team the right 
to carry the flag that they wanted to as a symbol of the solidarity of 
the world against the events of September 11. And while we are passing 
legislation today protecting one of the symbols of both the 
International and U.S. Olympic Committees, I would hope that the IOC 
would reciprocate and would reconsider the very foolish decision that 
they made, if this radio report was accurate, denying American Olympic 
athletes the right to carry the flag that they want to carry.
  One must remember that there were citizens of 86 countries that died 
in the World Trade Center on September 11. So that flag is not just an 
American symbol, it is a symbol that is being carried in memory of 
those citizens of most of the countries participating in the Olympics, 
and it ought to be present when the games open up in Salt Lake City 
later this week.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to join the distinguished gentleman from 
Wisconsin (Mr. Sensenbrenner), the Chairman of the Committee on the 
Judiciary and support passage of S. 1888.
  S. 1888 appears to be a wholly technical, noncontroversial bill. 
Thus, while the Committee on the Judiciary did not consider and report 
out the bill, I believe it is appropriate to move this bill on 
suspension today. In essence, S. 1888 corrects a drafting error made 
when Congress passed H.R. 1085 in 1998. H.R. 1085 codified into title 
36 of the U.S. Code certain preexisting provisions of U.S. law, 
including those which gave the United States Olympic Committee 
exclusive use of Olympic symbols such as the five interlocking rings.
  It is somewhat important to move this legislation now before the 
Olympics in Salt Lake City begin. U.S. Customs officials have expressed 
concern that they will not be able to prosecute infringement of the 
Olympic symbols in Salt Lake City unless this legislation is passed.
  In conclusion, Mr. Speaker, it is apparent that while technical in 
nature, S. 1888 is an important piece of legislation. It is also 
apparent that its passage is somewhat time-sensitive with the Olympics 
shortly due to begin.
  I have much more to say on this legislation, Mr. Speaker, but given 
the critical importance of the special order which will commence as 
soon as we are done with this bill, I will yield back the balance of my 
time.
  Mr. Speaker, I yield back the balance of my time, and I urge an aye 
vote.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Utah (Mr. Cannon).
  Mr. CANNON. Mr. Speaker, I would like to begin by associating myself 
with the comments of the gentleman from Wisconsin (Mr. Sensenbrenner), 
the Chairman of the Committee on the Judiciary, as regards the choice 
of flag that the American team proposes to carry and would also 
encourage the IOC to reconsider their decision.
  I rise in support of this small but vital technical correction to the 
trademark law. This legislation would fix a drafting error which would 
otherwise allow unauthorized use of the protected Olympic symbols.
  As Utah and America prepare to welcome the rest of the world this 
weekend to the Salt Lake City Winter Olympics, we must close a loophole 
that would let counterfeiters of Olympic merchandise of the games go 
unpunished.
  Congress clearly intended to protect against the unauthorized use of 
Olympic-related symbols, logos, slogans and other marks without 
permission from the Olympic governing bodies. Such protected and 
familiar symbols include the Olympic rings and even the title 
``Olympics.'' Revenues generated by the Olympic trademarks go to 
support the games and American athletes.
  Title 36, section 220501 of the U.S. Code provides these protections 
and makes available the remedies under the Lantham Act for trademark 
counterfeiting to criminally prosecute counterfeiters of Olympic marks.
  Unfortunately, the necessary cross-reference to the section entitled 
title 18, section 2320 of the U.S. Code, which sets forth the actual 
criminal penalties, mistakenly references another section of title 36. 
Rather than protecting Olympics trademarks, the erroneously cross-
referenced section deals with the powers of a federally chartered, 
nonprofit veterans society of World War II submariners. This error must 
be corrected today.
  Section 2320 of title 18 is the primary basis for criminal 
prosecutions of those who traffic in counterfeit Olympic goods. The 
start of the Salt Lake City Winter Olympics later this week is already 
producing a sharp spike in the amount of trafficking in phony Olympic 
goods and services.
  The Customs officers and other law enforcement officials who have 
been trained to intercept fake merchandise are currently relying upon a 
section of the U.S. Code that does not actually provide any criminal 
penalties for Olympic-related counterfeiting. They are, in effect, 
enforcing a law that does not exist because of a typographical error.
  The bill today simply corrects the cross-reference in title 18 to 
refer to the intended section of title 36 dealing with Olympic marks. 
S. 1888 passed the Senate by unanimous consent on December 20. House 
action today can ensure that this bill reaches the President for 
enactment prior to the start of the Salt Lake Winter Olympic Games.
  Mr. Speaker, I am grateful to the gentleman from Wisconsin (Mr. 
Sensenbrenner) and the gentleman from Texas (Mr. Armey) for recognizing 
the urgency of the problem and acting quickly to bring this bill to the 
floor.
  I want to take this opportunity to thank all my colleagues for their 
steadfast support of the Salt Lake Olympic Games. The response from 
this body on nearly every Winter Olympic request, especially on 
increased Federal security measures, has been one of unqualified 
support. It is a direct result of that support that the Salt Lake 
Winter Olympics will be the most secure and successful in history.
  I hope all of the Members will get a chance to watch some of the 
Winter Olympic Games over the next few weeks. It will be a heck of a 
show and one that demonstrates the resilience of the American spirit.
  Mr. SENSENBRENNER. Mr. Speaker, I urge an aye vote.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by

[[Page H125]]

the gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend 
the rules and pass the Senate bill, S. 1888.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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