[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]
                         phenylazoisophth
                         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.

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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.

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