[Congressional Record Volume 148, Number 51 (Tuesday, April 30, 2002)]
[Senate]
[Pages S3561-S3573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BIDEN (for himself, Mr. Allen, Mr. Hollings, Mrs. Boxer,
Mrs. Murray, Mr. Smith of Oregon, Mr. Nelson of Nebraska, and
Mr. Dorgan):
S. 2395. A bill to prevent and punish counterfeiting and copyright
piracy, and for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President, I rise today to introduce the
Anticounterfeiting Amendments of 2002, along with Senators Allen,
Hollings, Boxer, Murray, Smith of Oregon, Nelson of Nebraska, and
Dorgan.
In February of this year, I held a hearing entitled, ``Theft of
American Intellectual Property: Fighting Crime Abroad and At Home,''
and I issued a report on the status of our fight against this crime.
What I learned is that every day, thieves steal millions of dollars
of American intellectual property from its rightful owners. Over a
hundred thousand American jobs are lost as a result.
American innovation and creativity need to be protected by our
government no less than our personal property, our homes and our
streets. The Founding Fathers had the foresight to provide for
protection of intellectual property, giving Congress the power to
``promote the progress of science and useful arts'' by providing
copyrights and patents.
American intellectual property represents the largest single sector
of the American economy, employing 4.3 million Americans. It has been
estimated that software piracy alone cost the U.S. economy over 118,000
jobs and $5.7 billion in wage losses in the year 2000. Even more, the
International Planning and Research Corporation estimates that the
government loses more than a billion dollars worth of revenue every
year from intellectual property theft.
To put that in perspective, with a billion dollars in additional
revenue, the American government could pay for child care services for
more than 100,000 children annually. Alternatively, $1 billion could be
used to fund a Senate proposal to assist schools nationally with
emergency school renovations and repairs.
There's another problem. Counterfeiters of software, music CDs and
motion pictures are now tampering with authentication features.
Holograms, certificates of authenticity, and other security features
allow the copyright owners to distinguish genuine works from
counterfeits. But now, highly sophisticated counterfeiters have found
ways to tamper with these features to make counterfeit products appear
genuine and to increase the selling price of genuine products and
licenses. Put another way, not only do crooks illegally copy American
intellectual property, they also now illegally fake or steal the very
features property owners use to prevent that theft.
Copyrights mean nothing if government authorities fail to enforce the
protections they provide intellectual property owners. The criminal
code has not kept up with the counterfeiting operations of today's
high-tech pirates, and it's time to make sure that it does. The
Anticounterfeiting Amendments of 2002 update and strengthen the Federal
criminal code, which currently makes it a crime to traffic in
counterfeit labels or copies of certain forms of intellectual property,
but not authentication features. For example, we can currently
prosecute someone for trafficking in fake labels for a computer
program, but we cannot go after them for faking the hologram that the
software maker uses to ensure that copies of the software are genuine.
In addition, many actions that violate current law go unprosecuted in
this day and age when priorities, such as the fight against terrorism
and life-threatening crimes, necessarily take priority over crimes of
property, be they intellectual or physical. Moreover, the victims of
this theft often do not have a way to recover their losses from this
crime. For this reason, the Anticounterfeiting Amendments of 2002 also
provide a private cause of action, to permit the victims of these
crimes to pursue the criminals themselves and recover damages in
federal court.
Current law criminalizes trafficking in counterfeit documentation and
packaging, but only for software programs. The Anticounterfeiting
Amendments of 2002 update and expand these provisions to include
documentation and packaging for phonorecords, motion pictures and other
audiovisual works.
America is a place where we must encourage diverse ideas, and with
that encouragement we must protect those ideas. They are the source of
our music, our art, our novels, our movies, our software, all that is
American culture and American know-how. The
[[Page S3562]]
Anticounterfeting Amendments of 2002 give our ideas the protection they
deserve.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2395
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting
Amendments of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American innovation, and the protection of that
innovation by the government, has been a critical component
of the economic growth of this Nation throughout the history
of the Nation;
(2) copyright-based industries represent one of the most
valuable economic assets of this country, contributing over 5
percent of the gross domestic product of the United States
and creating significant job growth and tax revenues;
(3) the American intellectual property sector employs
approximately 4,300,000 people, representing over 3 percent
of total United States employment;
(4) the proliferation of organized criminal counterfeiting
enterprises threatens the economic growth of United States
copyright industries;
(5) the American intellectual property sector has invested
millions of dollars to develop highly sophisticated
authentication features that assist consumers and law
enforcement in distinguishing genuine intellectual property
products and packaging from counterfeits;
(6) in order to thwart these industry efforts,
counterfeiters traffic in, and tamper with, genuine
authentication features, for example, by obtaining genuine
authentication features through illicit means and then
commingling these features with counterfeit software or
packaging;
(7) Federal law does not provide adequate civil and
criminal remedies to combat tampering activities that
directly facilitate counterfeiting crimes; and
(8) in order to strengthen Federal enforcement against
counterfeiting of copyrighted works, Congress must enact
legislation that--
(A) prohibits trafficking in, and tampering with,
authentication features of copyrighted works; and
(B) permits aggrieved parties an appropriate civil cause of
action.
SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT
AUTHENTICATION FEATURES.
(a) In General.--Section 2318 of title 18, United States
Code, is amended--
(1) by striking the heading and inserting ``Trafficking in
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in
subsection (c), knowingly traffics in--
``(1) a counterfeit label affixed to, or designed to be
affixed to--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
or
``(D) documentation or packaging;
``(2) an illicit authentication feature affixed to or
embedded in, or designed to be affixed to or embedded in--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
or
``(D) documentation or packaging; or
``(3) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more
than 5 years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work' have'' and
inserting the following: ``, `audiovisual work', and
`copyright owner' have''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(4) the term `authentication feature' means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other physical feature that either
individually or in combination with another feature is used
by the respective copyright owner to verify that a
phonorecord, a copy of a computer program, a copy of a motion
picture or other audiovisual work, or documentation or
packaging is not counterfeit or otherwise infringing of any
copyright;
``(5) the term `documentation or packaging' means
documentation or packaging for a phonorecord, copy of a
computer program, or copy of a motion picture or other
audiovisual work; and
``(6) the term `illicit authentication feature' means an
authentication feature, that--
``(A) without the authorization of the respective copyright
owner has been tampered with or altered so as to facilitate
the reproduction or distribution of--
``(i) a phonorecord;
``(ii) a copy of a computer program;
``(iii) a copy of a motion picture or other audiovisual
work; or
``(iv) documentation or packaging;
in violation of the rights of the copyright owner under title
17;
``(B) is genuine, but has been distributed, or is intended
for distribution, without the authorization of the respective
copyright owner; or
``(C) appears to be genuine, but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) the counterfeit label or illicit authentication
feature is affixed to, is embedded in, or encloses, or is
designed to be affixed to, to be embedded in, or to enclose--
``(A) a phonorecord of a copyrighted sound recording;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work; or
``(D) documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program'';
(5) in subsection (d)--
(A) by inserting ``or illicit authentication features''
after ``counterfeit labels'' each place it appears;
(B) by inserting ``or illicit authentication features''
after ``such labels''; and
(C) by inserting before the period at the end the
following: ``, and of any equipment, device, or materials
used to manufacture, reproduce, or assemble the counterfeit
labels or illicit authentication features''; and
(6) by adding at the end the following:
``(f) Civil Remedies for Violation.--
``(1) In general.--Any copyright owner who is injured by a
violation of this section or is threatened with injury, may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain violations of this section;
``(B) at any time while the action is pending, may order
the impounding, on such terms as the court determines to be
reasonable, of any article that is in the custody or control
of the alleged violator and that the court has reasonable
cause to believe was involved in a violation of this section;
and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional profits of the
violator, as provided by paragraph (3); or
``(II) statutory damages, as provided by paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the injured party as a
result of a violation of this section, as provided by
subparagraph (B); and
``(ii) any profits of the violator that are attributable to
a violation of this section and are not taken into account in
computing the actual damages.
``(B) Calculation of damages.--The court shall calculate
actual damages by multiplying--
``(i) the value of the phonorecords or copies to which
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging were affixed or
embedded, or designed to be affixed or embedded; by
``(ii) the number of phonorecords or copies to which
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging were affixed or
embedded, or designed to be affixed or embedded,
unless such calculation would underestimate the actual harm
suffered by the copyright owner.
``(C) Definition.--For purposes of this paragraph, the term
`value of the phonorecord or copy' means--
``(i) the retail value of an authorized phonorecord of a
copyrighted sound recording;
``(ii) the retail value of an authorized copy of a
copyrighted computer program; or
``(iii) the retail value of a copy of a copyrighted motion
picture or other audiovisual work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover,
instead of actual damages and profits, an award of statutory
damages for each violation of this section in a sum of not
less than $2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has
subsequently violated this section within 3 years after a
final judgment was entered against that person for a
violation of this section.
``(6) Limitation on actions.--A civil action may not be
commenced under this section unless it is commenced within 3
years after the date on which the claimant discovers the
violation.
``(g) Other Rights Not Affected.--Nothing in this section
shall enlarge, diminish, or otherwise affect liability under
section 1201 or 1202 of title 17.''.
[[Page S3563]]
(b) Technical and Conforming Amendment.--The item relating
to section 2318 in the table of sections at the beginning of
chapter 113 of title 18, United States Code, is amended by
inserting ``or illicit authentication features'' after
``counterfeit labels''.
______
By Mr. CARPER:
S. 2396. A bill to suspend temporarily the duty on prodiamine
technical; to the Committee on Finance.
______
By Mr. CARPER:
S. 2397. A bill to suspend temporarily the duty on thiamethoxam
technical; to the Committee on Finance.
______
By Mr. CARPER:
S. 2398. A bill to suspend temporarily the duty on fluazinam; to the
Committee on Finance.
______
By Mr. CARPER:
S. 2399. A bill to suspend temporarily the duty on benzyl carbazate;
to the Committee on Finance.
______
By Mr. CARPER:
S. 2400. A bill to suspend temporarily the duty on esfenvalerate
technical; to the Committee on Finance.
______
By Mr. CARPER:
S. 2401. A bill to suspend temporarily the duty on triflusulfuron
methyl formulated product; to the Committee on Finance.
______
By Mr. CARPER:
S. 2402. A bill to suspend temporarily the duty on Avaunt and
Steward; to the Committee on Finance.
______
By Mr. CARPER:
S. 2403. A bill to suspend temporarily the duty on 50% Homopolymer,
3-(dimethylamino propyl amide, dimethyl sulfate-quaternized 50%
polyricinoleic acid; to the Committee on Finance.
______
By Mr. CARPER:
S. 2404. A bill to suspend temporarily the duty on black CPW stage,
2,7-naphthalene disulfonic acid, 4-amino-3-[[4-[[-4-[(2 or 4-amino-4 or
2-hydroxylphenyl)azo] phenyl]amino]-3-sulfophenyl]azo]-5-hydroxy-6-
(phenylazo)-trisodium salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2405. A bill to suspend temporarily the duty on fast black 287
paste, 1,3-benzenedicarboxylic acid 5-[[4[(7-amino-1-hydroxy-3-sulfo-2-
naphthalenyl azo]-1-naphthalenyl]azo]-, trisodium salt; to the
Committee on Finance.
______
By Mr. CARPER:
S. 2406. A bill to suspend temporarily the duty on fast black 287 NA
liquid feed, 1, 3-benzenedicarboxylic acid, 5-[[4-[(7-amino-1-hydroxy-
3-sulfo-2-naphthalenyl)azo]-1-naphthalenyl)azo]-, trisodium salt; to
the Committee on Finance.
______
By Mr. CARPER:
S. 2407. A bill to suspend temporarily the duty on fast yellow 2
stage, 1, 3-benzenedicarboxylic acid 5,5'-[[6-(4-morpholinyl)-1, 3, 5-
triazine-2,4-diyl]bis(im ino-4, 1-phenyleneazo)]bis-, ammonium/sodium/
hydrogen salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2408. A bill to suspend temporarily the duty on cyan 1 RO feed,
copper [29H, 31H-phthalocyaninato (2-) -N29,N30,N31,N32]-aminosulfonyl
sulfo derivatives, sodium salts; to the Committee on Finance.
______
By Mr. CARPER:
S. 2409. A bill to suspend temporarily the duty on cyan 1 stage,
copper, [29H, 31H-phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl
sulfo derivatives. Tetra methyl ammonium salts; to the Committee on
Finance.
______
By Mr. CARPER:
S. 2410. A bill to suspend temporarily the duty on cyan 1 OF stage;
copper, [29H,31H-phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl
sulfo derivatives, sodium salts; to the Committee on Finance.
______
By Mr. CARPER:
S. 2411. A bill to suspend temporarily the duty on cyan 9075 stage,
copper [29H,31H-phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl
sulfo derivatives, sodium salts; to the Committee on Finance.
______
By Mr. CARPER:
S. 2412. A bill to suspend temporarily the duty on yellow 1 stage,
1,5- naphthalenedisulfonic acid 3,3'-[[6-(2-hydroxyethy)amino]-1,3,5-
triazine-2,4-diyl]bis[imino(2-methyl-4, 1-phenylene)az o]]bis-
,tetrasodium salt, to the Committee on Finance.
______
By Mr. CARPER:
S. 2413. A bill to suspend temporarily the duty on yellow 1 G stage
benzenesulfonic acid 3,3'-[carbonylbis[imino(3-methoxy-4, 1-
phenylene)azo]]bis-, disodium salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2414. A bill to suspend temporarily the duty on yellow 746 state,
1,3- bipyridirium, 3-carboxy-5'-(2-carboxy-4-sulfophenyl)azo]-1,2',
dihydro-6'-hydroxy-4'-methyl-2'-oxo, inner salt, lithium/sodium salt;
to the Committee on Finance.
______
By Mr. CARPER:
S. 2415. A bill to suspend temporarily the duty on black SCR stage,
2,7-naphthalene disulfonic acid, 4-amino-3-[[-4-[(2 or 4 -amino-4 or 2-
hydroxphenyl)azo]phenyl]amino]-3-sulfophenyl] axo]-5-hydroxy-6-
(phenylazo)-trisodium salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2416. A bill to suspend temporarily the duty on magenta 3B-OA
stage, 2-[[4-chloro-6[[8-hydroxy-3,6-disulphonate-7-[(1-sulpho-2-
naphthalenyl)azo]-1-naphthalenyl]amino]-1,3,5-triazin-2-yl]amino]-5-
sulphobenzoic acid, sodium/lithium salts; to the Committee on Finance.
______
By Mr. CARPER:
S. 2417. A bill to suspend temporarily the duty on yellow 577 stage,
5-{4-[4-[4-(4,8-disulfonapthalen-2-ylazo)-phenylamino]-6-(2-
sulfoethylamino)-[1,3,5]triazin-2-ylamino]phenylazo isophthalic acid/
sodium salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2418. A bill to suspend temporarily the duty on cyan 485/4 stage,
copper [29H,31H-phthalocyaninato (2-)-xN29,xN30,xN31,xN32]-
aminosylfonyl[(2-hydroxy-ethyl)amino] sulfonyl sulfo derivatives,
sodium salt; to the Committee on Finance.
______
By Mr. CARPER:
S. 2419. A bill to suspend temporarily the duty on R118118 Salt; to
the Committee on Finance.
______
By Mr. CARPER:
S. 2420. A bill to suspend temporarily the duty on NSMBA; to the
Committee on Finance.
Mr. CARPER. Mr. President, I ask unanimous consent that the text of
the bills be printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:
S. 2396
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PRODIAMINE TECHNICAL.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 Prodiamine Free No change No change On or before 12/
technical - 1, 3- 31/2005 ''
benzenediamine, .
2,6-dinitro-N1,N1-
dipropyl-4-
(trifluoromethyl)-
(CAS No. 29091-
21-2) (provided
in subheading
2921.43.80)......
----------------------------------------------------------------------------------------------------------------
[[Page S3564]]
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
____
S. 2397
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. THIAMETHOXAM TECHNICAL.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 Thiamethoxam Free No change No change On or before 12/
technical -4H- 31/2005 ''
1,3,5-oxadiazin-4- .
imine, 3-[(2-
chloro-5-
thiazolyl]
methylltetrahydro-
5-methyl-N-nitro
(CAS No. 153719-
23-4) (provided
in subheading
2934.10.20)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
____
S. 2398
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MIXTURES OF FLUAZINAM.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 Fluazinam mixed Free No change No change On or before 12/
with - 2- 31/2005 ''
pyridinamine,3- .
chloro-N-[3-
chloro-2,6-
dinitro-4-
(trifluoromethyl)
phenyl]-5-
(trifluoromethyl)
(CAS No. 79622-59-
6) (provided in
subheading
3808.20.15)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
____
S. 2399
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. BENZYL CARBAZATE.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in the numerical sequence the following new
heading:
`` 9902.29.48 Phenylmethyl Free No change No change On or before 12/
hydrazinecarboxyl 31/2007 ''
ate (CAS No. 5331- .
43-1) (provided
for in subheading
2928.00.25)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
shall apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2400
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ESFENVALERATE TECHNICAL.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in the numerical sequence the following new
heading:
`` 9902.29.49 (S)-Cyano (3- Free No change No change On or before 12/
phenoxy-phenyl)- 31/2007 ''
methyl (S)-4- .
chloro--
(1-methyethyl)-
benzeneacetate
(CAS No. 66230-04-
4) (provided for
in subheading
2926.90.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
shall apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2401
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TRIFLUSULFURON METHYL FORMULATED PRODUCT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.38.16 Mixtures of methyl Free No change No change On or before 12/
2-[[[[[4- 31/2007 ''
(dimethylamino) - .
6-(2,2,2-
trifluoroethoxy) -
1,3,5-triazin-2-
yl] -
amino]carbonyl]
amino]sulfonyl]-3-
methylbenzoate
(CAS No. 126535-
15-7) and
application
adjuvants
(provided for in
subheading
3808.10.15)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2402
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AVAUNT AND STEWARD.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page S3565]]
`` 9902.38.17 Mixtures of (S)- Free No change No change On or before 12/
methyl 7-chloro- 31/2007 ''
2,5-dihydro-2- .
[[(methoxycarbony
l) [4
(trifluoromethoxy
) phenyl] amino]-
carbonyl] indeno
[1,2-e][1,3,4]
oxadiazine-4a-
(3H)-carboxylate
(CAS Nos. 144171-
61-9 and 173584-
44-6) and
application
adjuvants
(provided for in
subheading
3808.10.25)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2403
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 50% HOMOPOLYMER, 3-(DIMETHYLAMINO) PROPYL AMIDE,
DIMETHYL SULFATE-QUATERNIZED 50% POLYRICINOLEIC
ACID.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.38.34 50% homopolymer, 3- Free No change No change On or before 12/
(dimethylamino) 31/2007 ''
propyl amide, .
dimethyl sulfate-
quaternized 50%
polyricinoleic
acid (provided
for in subheading
3824.90.40.90)...
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2404
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. BLACK CPW STAGE, 2,7-NAPHTHALENE DISULFONIC ACID,
4-AMINO-3-[[4-[[-4-[(2 OR 4 -AMINO-4 OR 2-
HYDROXYPHENYL)AZO] PHENYL]AMINO]-3-
SULFOPHENYL]AZO]-5-HYDROXY-6-(PHENYLAZO)-
TRISODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.40 Black CPW stage, Free No change No change On or before 12/
2,7-naphthalene 31/2007 ''
disulfonic acid, .
4-amino-3-[[4-[[-
4-[(2 or 4 -amino-
4 or 2-
hydroxyphenyl)azo
] phenyl]amino]-3-
sulfophenyl]azo]-
5-hydroxy-6-
(phenylazo)-
trisodium salt.
(CAS No. 85631-88-
5) (provided for
in subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2405
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FAST BLACK 287 NA PASTE, 1,3-BENZENEDICARBOXYLIC
ACID, 5-[[4-[(7-AMINO-1-HYDROXY-3-SULFO-2-
NAPHTHALENYL)AZO]-1-NAPHTHALENYL]AZO]-,
TRISODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 Fast black 287 NA Free No change No change On or before 12/
paste, 1,3- 31/2007 ''
benzenedicarboxyl .
ic acid, 5-[[4-
[(7-amino-1-
hydroxy-3-sulfo-2-
naphthalenyl)azo]-
1-
naphthalenyl]azo]-
, trisodium salt.
(CAS No. not
available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2406
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FAST BLACK 287 NA LIQUID FEED, 1,3-
BENZENEDICARBOXYLIC ACID, 5-[[4-[(7-AMINO-1-
HYDROXY-3-SULFO-2-NAPHTHALENYL)AZO]-1-
NAPHTHALENYL]AZO]-, TRISODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 Fast black 287 NA Free No change No change On or before 12/
liquid feed, 1,3- 31/2007 ''
benzenedicarboxyl .
ic acid, 5-[[4-
[(7-amino-1-
hydroxy-3-sulfo-2-
naphthalenyl)azo]-
1-
naphthalenyl]azo]-
, trisodium salt.
(CAS No. not
available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2407
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FAST YELLOW 2 STAGE, 1,3-BENZENEDICARBOXYLIC ACID,
5,5'-[[6-(4-MORPHOLINYL)-1,3,5-TRIAZINE-2,4-
DIYL]BIS(IMINO-4,1-PHENYLENEAZO)]BIS-,
AMMONIUM/SODIUM/HYDROGEN SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page S3566]]
`` 9902.39.36 Fast yellow 2 Free No change No change On or before 12/
stage, 1,3- 31/2007 ''
benzenedicarboxyl .
ic acid, 5,5-[[6-
(4-morpholinyl)-
1,3,5-triazine-
2,4-
diyl]bis(imino-
4,1-
phenyleneazo)]bis-
, ammonium/sodium/
hydrogen salt.
(CAS No. not
available)
(provided for in
subheading
3215.19.00.60)...
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2408
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CYAN 1 RO FEED, COPPER, [29H,31H-
PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-,
AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.37 Cyan 1 RO feed, Free No change No change On or before 12/
copper, [29H,31H- 31/2007 ''
phthalocyaninato( .
2-)-
N29,N30,N31,N32]-
, aminosulfonyl
sulfo
derivatives,
sodium salts.
(CAS No. 90295-11-
7) (provided for
in subheading
3204.14.50)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2409
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CYAN 1 STAGE, COPPER, [29H,31H-
PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-,
AMINOSULFONYL SULFO DERIVATIVES. TETRA METHYL
AMMONIUM SALTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.41 Cyan 1 stage, Free No change No change On or before 12/
copper, [29H,31H- 31/2007 ''
phthalocyaninato( .
2-)-
N29,N30,N31,N32]-
, aminosulfonyl
sulfo
derivatives.
Tetra methyl
ammonium salts.
(CAS No. not
available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2410
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CYAN 1 OF STAGE, COPPER, [29H,31H-
PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-,
AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.42 Cyan 1 OF stage, Free No change No change On or before 12/
copper, [29H,31H- 31/2007 ''
phthalocyaninato( .
2-)-
N29,N30,N31,N32]-
, aminosulfonyl
sulfo
derivatives,
sodium salts.
(CAS No. 90295-11-
7) (provided for
in subheading
3204.14.50)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2411
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CYAN 9075 STAGE, COPPER, [29H,31H-
PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-,
AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.43 Cyan 9075 stage, Free No change No change On or before 12/
copper, [29H,31H- 31/2007 ''
phthalocyaninato( .
2-)-
N29,N30,N31,N32]-
, aminosulfonyl
sulfo
derivatives,
sodium salts.
(CAS No. 90295-11-
7) (provided for
in subheading
3204.14.50)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2412
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. YELLOW 1 STAGE, 1,5-NAPHTHALENEDISULFONIC ACID,
3,3'-[[6-[(2-HYDROXYETHYL)AMINO]-1,3,5-
TRIAZINE-2,4-DIYL]BIS[IMINO(2-METHYL-4,1-
PHENYLENE)AZO]]BIS-, TETRASODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page S3567]]
`` 9902.39.39 Yellow 1 stage, Free No change No change On or before 12/
1,5- 31/2007 ''
naphthalenedisulf .
onic acid, 3,3-
[[6-[(2-
hydroxyethyl)amin
o]-1,3,5-triazine-
2,4-
diyl]bis[imino(2-
methyl-4,1-
phenylene)azo]]bi
s-, tetrasodium
salt. (CAS No.
50925-42-3
(confidential
TSCA listing))
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2413
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. YELLOW 1 G STAGE, BENZENESULFONIC ACID, 3,3'-
[CARBONYLBIS[IMINO(3-METHOXY-4,1-
PHENYLENE)AZO]]BIS-, DISODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.38 Yellow 1 G stage, Free No change No change On or before 12/
benzenesulfonic 31/2007 ''
acid, 3,3- .
[carbonylbis[imin
o(3-methoxy-4,1-
phenylene)azo]]bi
s-, disodium
salt. (CAS No.
10114-86-0)
(provided for in
subheading
3204.14.50)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2414
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. YELLOW 746 STAGE, 1,3-BIPYRIDIRIUM, 3-CARBOXY-5'-
[(2-CARBOXY-4-SULFOPHENYL)AZO]-1',2', DIHYDRO-
6'-HYDROXY-4'-METHYL-2'-OXO-, INNER SALT,
LITHIUM/SODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.44 Yellow 746 stage, Free No change No change On or before 12/
1,3-bipyridirium, 31/2007 ''
3-carboxy-5-[(2- .
carboxy-4-
sulfophenyl)azo]-
1,2, dihydro-6-
hydroxy-4-methyl-
2-oxo-, inner
salt, lithium/
sodium salt. (CAS
No. not
available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2415
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. BLACK SCR STAGE, 2,7-NAPHTHALENE DISULFONIC ACID,
4-AMINO-3-[[4-[[-4-[(2 OR 4 -AMINO-4 OR 2-
HYDROXYPHENYL)AZO]*COM003*PHENYL]AMINO]-3-
SULFOPHENYL] AZO]-5-HYDROXY-6-(PHENYLAZO)-
TRISODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.47 Black SCR stage, Free No change No change On or before 12/
2,7-naphthalene 31/2007 ''
disulfonic acid, .
4-amino-3-[[4-[[-
4-[(2 or 4 -amino-
4 or 2-
hydroxyphenyl)azo
] phenyl]amino]-3-
sulfophenyl] azo]-
5-hydroxy-6-
(phenylazo)-
trisodium salt.
(CAS No. 85631-88-
5) (provided for
in subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2416
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MAGENTA 3B-OA STAGE, 2-[[4-CHLORO-6[[8-HYDROXY-
3,6-DISULPHONATE-7-[(1-SULPHO-2-NAPHTHALENYL)
AZO]-1-NAPHTHALENYL] AMINO]-1,3,5-TRIAZIN-2-
YL]AMINO]-5-SULPHOBENZOIC ACID, SODIUM/LITHIUM
SALTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.45 Magenta 3B-OA Free No change No change On or before 12/
stage, 2-[[4- 31/2007 ''
chloro-6[[8- .
hydroxy-3,6-
disulphonate-7-
[(1-sulpho-2-
naphthalenyl)
azo]-1-
naphthalenyl]
amino]-1,3,5-
triazin-2-
yl]amino]-5-
sulphobenzoic
acid, sodium/
lithium salts.
(CAS No. 12237-00-
2) (provided for
in subheading
3204.16.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2417
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. YELLOW 577 STAGE, 5-{4-[4-[4-(4,8-
DISULFONAPHTHALEN-2-YLAZO)-PHENYLAMINO]-6-(2-
SULFOETHYLAMINO)-[1,3,5]TRIAZIN-2-
YLAMINO]PHENYLAZO ISOPHTHALIC ACID/SODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page S3568]]
`` 9902.39.46 Yellow 577 stage, Free No change No change On or before 12/
5-{4-[4-[4-(4,8- 31/2007 ''
disulfonaphthalen- .
2-ylazo)-
phenylamino]-6-(2-
sulfoethylamino)-
[1,3,5]triazin-2-
ylamino]
phenylazoisophth
alic acid/sodium
salt. (CAS No.
not available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2418
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CYAN 485/4 STAGE, COPPER, [29H,31H-
PHTHALOCYANINATO (2-) - XN29,XN30,XN31,XN32]-
AMINOSYLFONYL [(2-HYDROXYETHYL)AMINO] SULFONYL
SULFO DERIVATIVES, SODIUM SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.48 Cyan 485/4 stage, Free No change No change On or before 12/
copper, [29H,31H- 31/2007 ''
phthalocyaninato .
(2-) - xN29,xN30,
xN31,xN32] -
aminosylfonyl [(2-
hydroxyethyl)amin
o] sulfonyl sulfo
derivatives,
sodium salt. (CAS
No. not
available)
(provided for in
subheading
3204.14.30)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____
S. 2419
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. R118118 SALT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 R118118 Salt - Free No change No change On or before 12/
benzoic acid, 3- 31/2005 ''
[2-chloro-4- .
(trifluoromethyl)
phenoxy]-(CAS No.
63734-62-3)
(provided in
subheading
2918.90.20)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
____
S. 2420
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NSMBA.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.39.35 NSMBA - Benzoic Free No change No change On or before 12/
acid, 4- 31/2005 ''
(methylsulfonyl)- .
2-nitro (CAS No.
110964-79-9)
(provided in
subheading
2916.39.45)......
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of
enactment of this Act.
______
By Mr. FEINGOLD (for himself and Mr. Domenici):
S. 2421. A bill to amend section 402A of the Higher Education Act of
1965 to define the terms different campus and different population; to
the Committee of Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, I rise today with my colleague from New
Mexico to introduce the TRIO Education Access Act of 2002, which will
improve access to higher education by ensuring that these programs are
available to all those in need.
While many students in my State benefit immensely from the TRIO
programs, misguided regulations are preventing Wisconsin's two year
colleges from receiving funds to begin more than one TRIO program for
the entire State.
Many students today dream of going to college, but the things that
can put college out of reach for some students don't always get the
attention that they deserve. Students who face these additional
barriers to higher education need a helping hand, and thanks to the
TRIO Program, more students are getting the help they need.
The TRIO Program was so named because there were originally three
programs, all of which had roots dating back to Lyndon Johnson's
administration in the 1960s. Today TRIO consists of eight programs that
offer vital advice and academic support to middle and high school
students hoping to get into college, and it continues to offer that
support to students after they enter college and begin working toward
their diploma.
Many Federal education programs have come and gone, but the TRIO
programs have not only survived, they've thrived and expanded to aid
more than 10 million Americans.
In my home State of Wisconsin, many students at the University of
Wisconsin's two-year colleges could reap tremendous benefits from the
services the TRIO programs have to offer.
But today, because of the way that TRIO grants are structured, UW's
13 two-year colleges can only be considered for TRIO grants
collectively, instead of applying for grants to serve each campus.
The Department of Education has ruled that the unique structure of
the University of Wisconsin's two-year system, a centrally run system
with 13 branch campuses, does not meet the criteria of having
``independent'' campuses.
This decision deeply concerns me, as the Federal Government is simply
penalizing UWs' two-year colleges simply because of their
administrative structure.
As a result of the Department of Education's decision, only one TRIO
Program, the Student Support Services Program, is available to these
two-year colleges. UW--Waukesha is home to a thriving Student Support
Services Program, which offers students counseling and vital academic
support and skills development.
[[Page S3569]]
But UW's two-year colleges deserve to have access to all the TRIO
Programs available to four-year institutions, such as Upward Bound,
Talent Search, and Educational Opportunity Centers.
In different ways, each of these programs has helped students break
through difficult economic or physical circumstances to successfully
enter and graduate from college. Students in the Upward Bound program
are four times more likely to earn an undergraduate degree than those
students from similar backgrounds who did not participate in TRIO.
Students in the TRIO Student Support Services program are more than
twice as likely to remain in college than those students from similar
backgrounds who did not participate in the program.
By discriminating against the unique structure of the University of
Wisconsin's two year colleges, the Department of Education hurts the
very population the TRIO Programs aim to serve.
That's why it's so important that the rules at the Department of
Education be changed, so that Wisconsin's two-year colleges have the
opportunity to apply individually for the TRIO grants they see fit.
By clarifying the ``Different Campus'' and ``Different Population of
Participants'' in the TRIO regulations, this legislation makes UW's
two-year colleges eligible for all the programs TRIO has to offer. No
definition or regulation should get in the way of qualified Wisconsin
students gaining access to TRIO programs and the chance to earn a
college degree.
I have heard from many Wisconsinites who have shared their personal
stories about how TRIO had made a difference in their lives. TRIO
offers hope to millions of students across the country who dream of a
college education, and students at the University of Wisconsin's two-
year colleges should be no exception. Waukesha can be proud of the TRIO
program that has served so many students at UW-Waukesha.
Now it's time to give UW-Waukesha, and other two-year colleges around
my State, an opportunity to open more TRIO programs, and open the doors
of higher education to more Wisconsin students.
I urge my colleagues to co-sponsor this legislation.
______
By Mr. BAYH (for himself and Mr. Brownback):
S. 2425. A bill to prohibit United States assistance and commercial
arms exports to countries and entities supporting international
terrorism; to the Committee on Foreign Relations.
Mr. BAYH. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2425
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperative
Antiterrorism Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The use of terrorism is detestable and an illegitimate
means of political expression.
(2) International terrorist organizations pose a direct
threat to the United States, and this threat is becoming more
acute and more difficult to prevent.
(3) The threat from international terrorism is made far
more dangerous by the proliferation of chemical, biological,
and radiological weapons and the means to produce those
weapons.
(4) The prosecution of the war against international
terrorist organizations must continue until the threat they
pose to the people and interests of the United States is
eliminated.
(5) The United States can only win the war against
terrorism if it receives cooperation from other countries and
entities.
(6) Protecting the United States homeland and United States
interests overseas from terrorism is of the highest priority
in the foreign relations of the United States.
(7) Cooperation in the global war against international
terrorism must be a primary focus of United States foreign
relations, United States assistance, and international
security relations.
(8) Winning the global war against international terrorism
requires cooperation from the international community,
especially in the areas of preventing the financing of
terror, sharing information on international terror networks,
eliminating terror cells, and in preventing the promotion of
virulent anti-Americanism with the intent to incite violence
and the glorification of terrorism in state-owned media and
state-controlled schools.
(9) The promotion of terrorism, intolerance, and virulent
anti-Americanism in state-owned media and state-controlled
education systems is abhorrent and poses a long-term threat
to the safety and security of the United States as well as
the community of nations.
(10) All countries and entities must be encouraged to
cooperate in the global war against international terrorism.
(11) Some foreign governments and entities are doing little
to counter proterrorist and prointolerance messages to mass
audiences, including to school age children.
(12) Countries providing direct or indirect assistance to
international terrorist organizations undermine the direct
security interests of the United States.
(13) Countries demonstrating indifference to or providing
actual endorsement of international terror as a legitimate
political tool make a direct threat to the security interests
of the United States.
(14) United States economic assistance programs and the
transfer of United States Munitions List items are a critical
tool of United States foreign policy and winning the global
war against international terrorism.
(15) Countries receiving United States assistance and the
export of items on the United States Munitions List should be
expected to support the global war against international
terror.
(16) Several existing laws, including the USA Patriot Act
of 2001, the Antiterrorism and Effective Death Penalty Act of
1996, the Foreign Assistance Act of 1961, the Arms Export
Control Act, and the Export Administration Act of 1979 (or
successor statute), prohibit the provision of United States
assistance, and the licensing for export of items on the
United States Munitions List, to countries supporting terror
or not fully cooperating in antiterror efforts of the United
States. It would be appropriate in the implementation of
these laws to apply the definition of ``fully cooperative in
the global war against international terrorism'' set forth in
this Act, including preventing promotion of terror in state-
owned and state-controlled media and educational systems.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States that--
(1) no United States economic assistance, other than
humanitarian assistance, may be provided to any foreign
country or entity that is not making a maximum effort to be
fully cooperative in the global war against international
terrorism; and
(2) no license for export of an item on the United States
Munitions List to a country or entity may be issued if that
country or entity is not making a maximum effort to be fully
cooperative in the global war against international
terrorism.
SEC. 4. PROHIBITION ON UNITED STATES ECONOMIC ASSISTANCE AND
COMMERCIAL ARMS EXPORTS.
(a) United States Economic Assistance.--If the President
determines that a country or entity is not making a maximum
effort to be fully cooperative in the global war against
international terrorism--
(1) no United States economic assistance may be provided to
such country or entity; and
(2) the United States shall oppose and vote against any
lending from any international financial institution,
including the World Bank, the International Monetary Fund,
the Asian Development Bank, or other related institutions to
such country or entity.
(b) Commercial Arms Exports.--No license for the export of
an item on the United States Munitions List to any country or
entity may be issued if the President determines that such
country or entity is not making a maximum effort to be fully
cooperative in the global war against international
terrorism.
SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.
(a) Requirement for Report.--The President, in consultation
with the Secretary of State, the Secretary of the Treasury,
the Administrator of the United States Agency for
International Development, and the Director of Central
Intelligence, shall prepare an unclassified annual report
that--
(1) contains a list of each country or entity for which the
President has determined that there is credible evidence that
such country or entity is not being fully cooperative in the
global war against international terrorism under section 4;
and
(2) describes for each country or entity listed under
paragraph (1)--
(A) the specific failures of each country or entity to be
fully cooperative in the global war against international
terrorism;
(B) the reasons why such country or entity is not fully
cooperative;
(C) the efforts being made by the United States Government
to promote greater adherence by such countries or entities
with the global war against international terrorism; and
(D) any removal of a country or entity from the list in
paragraph (1).
(b) Transmission to Congress.--
(1) Report.--The report required by this section shall be
submitted to Congress every year as a section of the annual
country reports on terrorism required by section 140(a) of
the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656(f)).
(2) Briefing.--The President shall make the appropriate
officials available to provide
[[Page S3570]]
a classified briefing to the appropriate committees of
Congress if such committees request additional clarifying
details on why a country or entity is listed under subsection
(a)(1).
SEC. 6. PRESIDENTIAL WAIVER.
United States economic assistance or exports prohibited by
section 4 may be provided to a country or entity described in
that section if the President--
(1) determines that permitting such assistance or exports
is important to the national security interests of the United
States; and
(2) not later than 15 days before permitting such
assistance or exports, furnishes a report describing the
United States economic assistance or exports to be provided
to the appropriate committees of Congress.
SEC. 7. DEFINITIONS.
In this Act:
(1) Expression of support for terrorism against the united
states.--The term ``expression of support for terrorism
against the United States'' means a pattern of actions or
expressions that are designed to provoke or incite anti-
American violence, advocate international terrorism, or to
glorify the use of violence against citizens or government
officials of the United States.
(2) Fully cooperative in the global war against
international terrorism.--The term ``fully cooperative in the
global war against international terrorism'' means a country
or entity that has the necessary legal framework and, to the
maximum extent possible, is enforcing efforts to--
(A) prevent the knowing financing of terrorism, including
preventing--
(i) direct financial payments to any terrorist
organization;
(ii) any terrorist organization or any entity supporting a
terrorist organization from receiving financial services such
as brokering, lending, or transferring currency or credit;
(iii) any person from soliciting funds or items of value
for a terrorist group; and
(iv) any humanitarian or other nongovernmental organization
from providing financial support to terrorist organizations;
(B) share intelligence information with the United States,
including--
(i) releasing information to the United States related to
any terrorist organization;
(ii) cooperating in investigations conducted by the United
States; and
(iii) providing, to the extent possible, access to
individuals suspected of or supporting terrorist
organizations to United States investigators; and
(C) act against terrorist organizations, including--
(i) preventing terrorist organizations from committing or
inciting to commit terrorist acts against the United States
or its interests overseas;
(ii) preventing terrorist organizations from operating safe
houses or providing transportation, communication,
documentation, identification, weapons (including chemical,
biological, or radiological weapons), explosives, or training
to terrorists; and
(iii) in the cases of a country--
(I) investigating suspected terrorists within its national
territory;
(II) enforcing international agreements and United Nations
Security Council Resolutions against terrorism; and
(III) curbing any domestic expression of support for
terrorism against the United States and its allies in state-
owned media, state-sanctioned gatherings, state-governed
religious institutions, and state-sanctioned school and
textbooks.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means any humanitarian goods and services,
including foodstuffs, medicines, and health assistance
programs.
(4) Terrorist organization.--The term ``terrorist
organization'' means an organization designated as a foreign
terrorist organization by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(5) United states economic assistance.--The term ``United
States economic assistance'' means--
(A) any assistance under the Foreign Assistance Act of 1961
(including programs under title IV of chapter 2, relating to
the Overseas Private Investment Corporation);
(B) sales, or financing on any terms, under the Arms Export
Control Act;
(C) the provision of agricultural commodities, other than
food, under the Agricultural Trade Development and Assistance
Act of 1954;
(D) financing under the Export-Import Bank Act of 1945; and
(E) does not include humanitarian assistance or other
assistance that is intended to support cooperative
antiterrorism, peacekeeping, counter-narcotics,
nonproliferation and counter-proliferation programs, or
funding for nongovernmental organizations promoting education
and democratic institutions.
(6) United states munitions list.--The term ``United States
Munitions List'' means the defense articles and defense
services controlled by the President under section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
______
By Mr. KERRY (for himself, Ms. Snowe, Mr. Hollings, Mr. Stevens,
Mr. Breaux, Mr. Murkowski, Mr. Sarbanes, Mr. Reed, and Mr.
Feingold):
S. 2428. A bill to amend the National Sea Grant College Program Act;
to the Committee on Commerce, Science, and Transportation.
Mr. KERRY. Mr. President, I rise today to introduce with my
colleagues, Ms. Snowe, Mr. Hollings, Mr. Stevens, Mr. Breaux, Mr.
Sarbanes, Mr. Reed and Mr. Feingold the National Sea Grant College
Program Act Amendments of 2002, legislation to reauthorize the National
Sea Grant College Program Act.
Congress established the Sea Grant program back in 1966. Since that
time Sea Grant has provided the Administration and Congress a
comprehensive vehicle that engages our best universities to respond to
complex and changing ocean, coastal, and Great Lakes issues. The 31 Sea
Grant programs, located in coastal and Great Lakes States and Puerto
Rico, serve as the core of this dynamic national network of over 300
participating institutions involving more than 3,000 scientists,
engineers, educators, students, and outreach experts.
Sea Grant's legislative charge is to ``increase the understanding,
assessment, development, utilization, and conservation of the nation's
ocean and coastal resources by providing assistance to promote a strong
education base, responsive research and training activities, and broad
and prompt dissemination of knowledge and techniques''. Sea Grant has
consistently proven its value to taxpayers as a program that supports
rigorous, high quality research that is directly responsive to the
concerns of coastal constituents. The Sea Grant Program brings academic
creativity and expertise to bear on a host of issues affecting the
oceans, coasts and Great Lakes.
Most decisions that affect the coastal environment are made locally,
and, through the Sea Grant Colleges, the federal government has the
ability to partner with state and local constituencies to address
national problems at state and local levels. Moreover, many coastal
issues cross State jurisdictions and need to be addressed regionally.
In addition to its state-based infrastructure, Sea Grant has developed
a system of regional networks for organizing multi-state responses to
regional/ecosystem-level problems.
The current administration proposed moving the Sea Grant program from
the National Oceanic and Atmospheric Administration, NOAA, to the
National Science Foundation, NSF. I do not support such a move. The Sea
Grant program has been a success in NOAA and one has to wonder if
something is not broke why should we fix it. This is obviously the case
with Sea Grant and I see no reason why we should move the program from
NOAA to NSF.
Allow me for a moment to point out one area where the Sea Grant/NOAA
partnership is working. As Chairman of the Oceans, Fisheries and
Atmosphere Subcommittee I know first-hand the struggles that commercial
fishermen face as we try and rebuild our stocks. Sea Grant is currently
working in coastal communities to better document the social and
economic impacts of fishery regulations on communities, so that we can
develop regulations that not only preserve and protect are valuable
marine resources but also protect the fabric of our coastal
communities. As you may know, the National Marine Fisheries Service is
one of five line offices within NOAA, that is charged with regulating
all of our domestic commercial fisheries. One thing that all of us from
coastal states will agree on is the need to improve our knowledge of
fishing communities and how regulations affect the lives of the people
who live there.
A unique feature of the existing National Sea Grant College Program
Act, which is maintained through this reauthorization bill, is that the
majority of grants awarded require that every $2 of federal funds be
matched by $1 of non-federal funds that are usually provided by host
universities, as well as state or local governments, thus providing
outstanding leverage as well as strong regional support for the federal
funds awarded.
Because Sea Grant is non-regulatory and science-based, it serves as
an ``honest broker'' among a wide range of constituents. In an age that
emphasizes multi-disciplinary, goal-oriented, performance-measured
partnerships, Sea Grant has demonstrated its capability to effectively
deliver relevant science and services.
[[Page S3571]]
In short, Sea Grant offers numerous economic opportunities, problem-
solving processes and programmatic efficiencies for the federal
government to achieve its marine and coastal science agenda. Based on
the Sea Grant College Program's remarkable capabilities, excellent
track record, and cost effective use of federal funds, I ask for your
support in quick passage of this reauthorization bill.
I ask unanimous consent the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2428
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College
Program Act Amendments of 2002''.
SEC. 2. AMENDMENTS TO FINDINGS.
Findings.--Section 202(a)(6) of the National Sea Grant
College Program Act (33 U.S.C. 1121(a)(6)) is amended by
striking the period at the end and inserting ``, including
strong collaborations between Administration scientists and
scientists at academic institutions.''.
SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE
PROGRAM.
(a) Quadrennial Strategic Plan.--Section 204 (c)(1) of the
National Sea Grant College Program Act (33 U.S.C. 1123
(c)(1)) is amended to read as follows: ``The Secretary, in
consultation with the panel, sea grant colleges, and sea
grant institutes, shall develop at least every 4 years a
strategic plan which establishes priorities for the national
sea grant college program, provides an appropriately balanced
response to local, regional, and national needs, and is
reflective of integration with the strategic plans of the
Department of Commerce and of NOAA.''.
(b) Allocation of Funding.--Section 204(d)(3)(B) of the
National Sea Grant College Program Act (33 U.S.C.
1123(d)(3)(B)) is amended.--
(1) by striking ``and'' after the semicolon at the end of
clause (ii);
(2) by adding at the end the following:
``(iv) encourage and promote coordination and cooperation
between the research, education, and outreach programs of the
Administration and those of academic institutions; and''.
(c) Ensuring Equal Access.--Section 208(a) of such Act (33
U.S.C. 1127(a)) is amended by adding at the end the
following: ``The Secretary shall strive to ensure equal
access for minority and economically disadvantaged students
to the program carried out under this subsection.''.
SEC. 4. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.
Section 209(c)(2) of the National Sea Grant College Program
Act (33 U.S.C. 1128(c)(2)) is amended by striking the first
sentence and inserting the following: ``The term of office of
a voting member of the panel shall be 3 years for a member
appointed before the date of enactment of the National Sea
Grant College Program Act Amendments of 2002, and 4 years for
a member appointed or reappointed after the date of enactment
of the National Sea Grant College Program Act Amendments of
2002. The Director may extend the term of office of a voting
member of the panel appointed before the date of enactment of
the National Sea Grant College Program Act Amendments of 2002
by up to 1 year.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subsections (a) and (b) of section 212 of
the National Sea Grant College Program Act (33 U.S.C. 1131)
are amended to read as follows:
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this title--
``(A) $75,000,000 for fiscal year 2004;
``(B) $77,500,000 for fiscal year 2005;
``(C) $80,000,000 for fiscal year 2006;
``(D) $82,500,000 for fiscal year 2007; and
``(E) $85,000,000 for fiscal year 2008.
``(2) Priority research.--In addition to the amount
authorized under paragraph (1), there are authorized to be
appropriated for each of fiscal years 2004 through 2008--
``(A) $5,000,000 for competitive grants for university
research on biology and control of zebra mussels and other
important non-native species as identified in section
1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4171(b)(4)(A));
``(B) $5,000,000 for competitive grants for university
research on oyster diseases, oyster restoration, and oyster-
related human health risks;
``(C) $5,000,000 for competitive grants for university
research on the biology, prevention, and forecasting of
harmful algal blooms, including Pfiesteria piscicida; and
``(D) $3,000,000 for competitive grants for research
contributing to the fisheries extension program to enhance,
not supplant, existing core program funding.
``(b) Limitations.--
``(1) Administration.--There may not be used for
administration of programs under this title in a fiscal year
more than 5 percent of the lesser of--
``(A) the amount authorized to be appropriated under this
title for the fiscal year; or
``(B) the amount appropriated under this title for the
fiscal year.
``(2) Use for other offices or programs.--Sums appropriated
under the authority of subsection (a)(2) shall not be
available for administration of this title by the National
Sea Grant Office, for any other Administration or department
program, or for any other administrative expenses.''.
(b) Distribution of Funds.--Such section is further amended
by striking subsection (c) and inserting the following:
``(c) Distribution of Funds.--In any fiscal year in which
the appropriations made pursuant to subsection (a)(1) exceed
the amounts appropriated for fiscal year 2003 for the
purposes described in such subsection, the Secretary shall
distribute the excess amounts (except amounts used for the
administration of programs) solely to--
``(1) State sea grant programs on a merit reviewed,
competitive basis to support, enhance, and reward programs
that are best managed and carry out the highest quality
research, education, extension, and training programs; and
``(2) national strategic initiatives.''.
______
by Mr. HUTCHINSON (for himself, Mr. Craig, Mr. Enzi, Mr. Gregg,
Mr. Hagel, Mr. Inhofe, and Mr. Smith of New Hampshire):
S. 2429. A bill to amend the Internal Revenue Code of 1986 to allow
an above-the-line deduction from certain expenses in connection with
the determination, collection, or refund of any tax; to the Committee
on Finance.
Mr. HUTCHINSON. Mr. President, I rise today to introduce legislation
that will help ease the financial burden for the millions of Americans
that find themselves extremely confused and frustrated every year as
they try to prepare their tax returns. This year's tax filing deadline
expired on April 15 for most American taxpayers, and the 17,000-page,
2.8 million-word tax code was more complex than ever. One estimate is
that it now takes 28 hours and six minutes to tackle the Internal
Revenue Service's 1040 form and do the necessary record keeping.
According to the Tax Foundation, it is estimated that in 2002,
individuals and small businesses will spend approximately 5.8 billion
hours complying with the Federal income tax code, with an estimated
compliance cost of over $194 billion. This amounts to imposing a more
than 20 cent tax compliance surcharge for every dollar the tax system
collects. By 2007, the compliance surcharge is conservatively estimated
at $244.3 billion. Under current law, there is a way for those
taxpayers who itemize and accumulate tax preparation fees up to at
least 2 percent of their Adjusted Gross Income to receive a financial
break from the IRS to help offset the cost of having a tax preparer
calculate their tax. The problem is that there are millions more low-
or middle-income individuals and small business owners trying to
decipher the same complicated instructions and forms, for which there
is no tax break.
Since 1985, we have more than doubled the pages in the instruction
booklet that accompanies the 1040. In response to this increased
complexity, American taxpayers are seeking professional help at a
record level that equals almost 60 percent of all returns filed. I
believe it is time that we acknowledge how difficult our current tax
system has become and help the millions of Americans who have to look
to outside help in filing their yearly tax returns. I suggest that
since the Federal Government is the party responsible for creating this
overly complicated code, it is the Federal Government that should bear
the burden of the costs that are incurred in its compliance.
My proposal is simple, my legislation provides for the expenses that
are incurred by a taxpayer in having their return prepared to be fully
deducted. This would be treated as an above-the-line deduction and
would allow for anyone who pays for these services to deduct up to $500
of these costs. Further, for those who already qualify to have their
preparation cost be deducted because they reach the 2 percent
threshold, they can opt not to have this deduction apply and continue
to have their tax preparation fees be deducted under the current
guidelines.
I believe the legislation that I have introduced today will provide
much needed relief to the millions of American taxpayers that are
forced to comply with this complex code. I ask my colleagues for their
support.
I ask unanimous consent that the text of the legislation be printed
in the Record.
[[Page S3572]]
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2429
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES IN
CONNECTION WITH THE DETERMINATION, COLLECTION,
OR REFUND OF ANY TAX.
(a) Deduction Allowed Whether or Not Taxpayer Itemizes
Other Deductions.--Section 62(a) of the Internal Revenue Code
of 1986 (defining adjusted gross income) is amended by
inserting after paragraph (18) the following new paragraph:
``(19) Certain tax expenses.--Unless the taxpayer elects to
not have this paragraph apply, the deduction allowed by
paragraph (3) of section 212 with respect to so much of the
expenses described in such paragraph as does not exceed
$500.''.
(b) Effective Date.--The amendment made by this section
shall apply to expenses paid or incurred in taxable years
beginning after the date of the enactment of this Act.
______
By Mr. BREAUX (for himself, Mr. Nickles, Mr. Cleland, Mr.
Brownback, Mr. Miller, Mrs. Hutchison, and Mr. Hutchinson):
S. 2430. A bill to provide for parity in regulatory treatment of
broadband services providers and of broadband access services
providers, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. BREAUX. Mr. President, I rise today along with Senators Nickles,
Cleland, Brownback, Miller, Hutchison, and Hutchinson to introduce
legislation that is designed to rejuvenate the struggling
telecommunications and high-tech sectors of our economy. The Broadband
Regulatory Parity Act of 2002 requires the Federal Communications
Commission, FCC, to adopt rules that establish a level playing field
for all broadband service providers in order to spur investment in
broadband technology and to ensure that consumers can obtain the
benefits of free and open competition.
Federal and State regulations on the books today governing high-speed
Internet access are based largely on an outdated view of the telecom
and high-tech industry. Both Federal and State regulators continue to
view the emerging broadband market through different sets of eyes,
focusing their regulatory policies on the type of provider rather than
the type of service. Cable, wireless, and satellite providers face no
regulation of their broadband networks, while telephone companies are
heavily regulated. The effect of this disparate regulatory treatment
among providers has been to construct a barrier to new investment in
broadband networks by incumbent local telephone companies.
I am not alone in calling on the FCC to level the regulatory playing
field for broadband providers. Several weeks ago, the High Tech
Broadband Coalition, a group comprised of six leading trade
associations representing the computer, telecommunications equipment,
semiconductor, consumer electronics, software and manufacturing
industries, filed comments with the FCC requesting the removal of
burdensome, outdated regulations that are hindering investment and
limiting competition in high-speed Internet access.
In order to promote free and fair competition in the broadband
market, my legislation requires the FCC to promulgate regulations,
within 120 days of enactment, to achieve regulatory parity between
broadband services providers and facilities. The key provision in my
bill is, I believe, the 120-day requirement for FCC action. The FCC, to
its credit, is attempting by means of a tortuously slow process to move
in the direction of regulatory parity among broadband services and
providers. Once the FCC completes action on its rulemakings, however,
its orders will certainly be appealed, just as the FCC's March 14,
2002, order declaring cable modem service to be an information service
has already been appealed to the United States Court of Appeals for the
Ninth Circuit. To effect this needed regulatory parity, we need the
expert agency to accomplish this reform with the necessary fine tuning
that will further the public interest, but we need the force of
Congressional action to bring about prompt results. I urge prompt
action on this legislation.
Mr. NICKLES. Mr. President, I'm pleased to join Senator Breaux today
to introduce a bill that will allow all providers of broadband services
to compete under the same rules and regulations. This bill will bring
certainty to the regulatory environment ensuring more Americans will
have a choice in their broadband service provider.
Access to broadband is crucial to consumers and communities in
today's economy. High-speed connections to the Internet can provide a
lifeline to small businesses, schools and hospitals, and can help
communities prosper and grow in the Information Age.
But unfortunately, different rules for competing high-speed Internet
companies are stifling competition. Phone companies that offer the same
service as wireless, satellite, and cable companies face different
rules and regulations that raise costs and slow innovation. These rules
make it more difficult and expensive for phone companies to provide
broadband service, leaving millions of consumers without access to
high-speed connections and millions more with only one choice.
This service disparity is growing wider, and dozens of communities
are at risk of being left behind, especially rural areas and inner-city
neighborhoods. This bill will help close the Digital Divide and help
ensure that all Americans have choices for high-speed Internet
services. This issue is not about choosing winners and losers, it is
about helping to ensure that high speed Internet service is not only
available but competitive and affordable all across the country.
The Breaux-Nickles bill is a free-market, deregulatory approach to
encourage private companies to rapidly deploy this new technology. It
does nothing to change what the 1996 Telecom Act sought to accomplish,
to open up the local voice telephone market to competition. At the
time, no one envisioned the growth of the Internet. In fact, the web
browser had just been invented. This bill simply eliminates regulations
that were intended for the legacy network but have been mistakenly
applied to new infrastructure investment.
The goal of this bill is to provide an economic incentive for local
telephone companies to upgrade their networks and to rapidly deploy
high-speed, broadband services throughout the U.S. According to the
most recent nation-wide data, there are approximately 11 million high
speed Internet subscribers. Of that total, 7.2 million currently use
high-speed cable modems and 3.5 million use Digital Subscriber Lines
(DSL) provided by the telephone companies.
Today's rules are not only unfair but they are a disincentive to
deployment. No company will invest the capital required to upgrade
their network and deploy new technologies when they are required to
provide this new, upgraded technology to their competitors at a
government-set price. If high speed, broadband service is going to be
deployed rapidly throughout the country, especially in rural areas, the
answer is not more rules and regulations, but a market-based
deregulatory approach.
For a new market to evolve quickly and efficiently, government should
not regulate the market out of existence before it has a chance to
flourish. In fact, yesterday's Wall Street Journal had an editorial
expressing concern about over-regulation at a critical time, it states,
``Then the digital revolution ran headlong into the FCC and Congress,
whose tender mercies enfolded consumer broadband at the moment of
creation.'' It is not too late to encourage growth and innovation. As
the Wall Street Journal points out, ``There's still plenty of Internet
and telecom enthusiasm out there, if only regulators will let it
blossom.''
With regulatory certainty, companies have the incentive to invest.
For example, earlier this week, in my home State of Oklahoma, less than
two weeks after Gov. Frank Keating signed the first state broadband
parity law in the country, SBC Southwestern Bell announced a massive
program of technology investment that will nearly double the number of
Oklahoma towns with access to high-speed DSL Internet Access Service.
This initiative will bring high-speed DSL Internet service to 37 more
towns, and expand access by building new broadband equipment in another
25 towns that already have the service. The initiative will make DSL
available to about 137,000 more homes and businesses in 62 Oklahoma
communities.
[[Page S3573]]
SBC is making this investment at a time when they, and other
telecommunications companies, have dramatically slashed capital
spending throughout the country.
This is the kind of investment that regulatory certainty and real
competition bring and that is why I strongly support this legislation.
If we can do for the country what we have done for the state of
Oklahoma, Congress will go a long way toward reversing the economic
slide currently enveloping the telecom sector. When all broadband
providers are allowed to compete under the same rules, consumers win
and the economy wins. I am pleased to sponsor this bipartisan approach
to promoting competition for broadband services.
____________________