[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[Senate]
[Pages S5714-S5715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3891. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 3843 proposed by Mr. Brownback to the bill (S. 2600) to 
ensure the continued financial capacity of insurers to provide coverage 
for risks from terrorism; which was ordered to lie on the table; as 
follows:

       Strike all after ``SEC. ____.'' and insert the following:

     PROHIBITION ON HUMAN CLONING.

       (a) Purpose.--It is the purpose of this Act to prohibit 
     human cloning.
       (b) Prohibition.--
       (1) In general.--Title 18, United States Code, is amended 
     by inserting after chapter 15, the following:

               ``CHAPTER 16--PROHIBITION ON HUMAN CLONING

``Sec.
``301. Prohibition on human cloning.

     ``Sec. 301. Prohibition on human cloning

       ``(a) Definitions.--In this section:
       ``(1) Human cloning.--The term `human cloning' means 
     implanting or attempting to implant the product of nuclear 
     transplantation into a uterus or the functional equivalent of 
     a uterus.
       ``(2) Human somatic cell.--The term `human somatic cell' 
     means any human cell other than a haploid germ cell.
       ``(3) Nuclear transplantation.--The term `nuclear 
     transplantation' means transferring the nucleus of a human 
     somatic cell into an oocyte from which the nucleus or all 
     chromosomes have been or will be removed or rendered inert.
       ``(4) Nucleus.--The term `nucleus' means the cell structure 
     that houses the chromosomes.
       ``(5) Oocyte.--The term `oocyte' means the female germ 
     cell, the egg.
       ``(b) Prohibitions on Human Cloning.--It shall be unlawful 
     for any person or other legal entity, public or private--
       ``(1) to conduct or attempt to conduct human cloning; or
       ``(2) to ship the product of nuclear transplantation in 
     interstate or foreign commerce for the purpose of human 
     cloning in the United States or elsewhere.
       ``(c) Protection of Research.--Nothing in this section 
     shall be construed to restrict practices not expressly 
     prohibited in this section.
       ``(d) Penalties.--
       ``(1) Criminal penalties.--Whoever intentionally violates 
     paragraph (1) or (2) of subsection (b) shall be fined under 
     this title and imprisoned not more than 10 years.
       ``(2) Civil penalties.--Whoever intentionally violates 
     paragraph (1) or (2) of subsection (b) shall be subject to a 
     civil penalty of $1,000,000 or three times the gross 
     pecuniary gain resulting from the violation, whichever is 
     greater.
       ``(3) Forfeiture.--Any property, real or personal, derived 
     from or used to commit a violation or attempted violation of 
     the provisions of subsection (b), or any property traceable 
     to such property, shall be subject to forfeiture to the 
     United States in accordance with the procedures set forth in 
     chapter 46 of title 18, United States Code.
       ``(e) Right of Action.--Nothing in this section shall be 
     construed to give any individual or person a private right of 
     action.''.
                                  ____

  SA 3892. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3871 submitted by Mr. Hatch and intended to be proposed to 
the bill (S. 2600) to ensure the continued financial capacity of 
insurers to provide coverage for risks from terrorism; which was 
ordered to lie on the table; as follows:

       On page 1, line 4, before ``.'' insert the following: 
     ``except for an individual or corporation which engages in 
     wanton, willful, reckless or malicious conduct related to an 
     act of terrorism and any amounts attributable to such 
     punitive damages shall not count as insured losses for 
     purposes of this Act''.
                                  ____

  SA 3893. Mr. DASCHLE (for Mr. Ensign (for himself, Mr. Kerry, and Mr. 
Stevens)) proposed an amendment to the bill H.R. 4560, to eliminate the 
deadlines for spectrum auctions of spectrum previously allocated to 
television broadcasting; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Auction Reform Act of 
     2002''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Circumstances in the telecommunications market have 
     changed dramatically since the auctioning of spectrum in the 
     700 megahertz band was originally mandated by Congress in 
     1997, raising serious questions as to whether the original 
     deadlines, or the subsequent revision of the deadlines, are 
     consistent with sound telecommunications policy and spectrum 
     management principles.
       (2) No comprehensive plan yet exists for allocating 
     additional spectrum for third-generation wireless and other 
     advanced communications services. The Federal Communications 
     Commission should have the flexibility to auction frequencies 
     in the 700 megahertz band for such purposes.
       (3) The study being conducted by the National 
     Telecommunications and Information Administration in 
     consultation with the Department of Defense to determine 
     whether the Department of Defense can share or relinquish 
     additional spectrum for third generation wireless and other 
     advanced communications services will not be completed until 
     after the June 19th auction date for the upper 700 megahertz 
     band, and long after the applications must be filed to 
     participate in the auction, thereby creating further 
     uncertainty as to whether the frequencies in the 700 
     megahertz band will be put to their highest and best use for 
     the benefit of consumers.
       (4) The Federal Communications Commission is also in the 
     process of determining how to resolve the interference 
     problems that exist in the 800 megahertz band, especially for 
     public safety. One option being considered for the 800 
     megahertz band would involve the 700 megahertz band. The 
     Commission should not hold the 700 megahertz auction before 
     the 800 megahertz interference issues are resolved or a 
     tenable plan has been conceived.
       (5) The 700 megahertz band is currently occupied by 
     television broadcasters, and will be so until the transfer to 
     digital television is completed. This situation creates a 
     tremendous amount of uncertainty concerning when the spectrum 
     will be available and reduces the value placed on the 
     spectrum by potential bidders. The encumbrance of the 700 
     megahertz band reduces both the amount of money that the 
     auction would be likely to produce and the probability that 
     the spectrum would be purchased by the entities that valued 
     the spectrum the most and would put the spectrum to its most 
     productive use.
       (6) The Commission's rules governing voluntary mechanisms 
     for vacating the 700 megahertz band by broadcast stations--
       (A) produced no certainty that the band would be available 
     for advanced mobile communications services, public safety 
     operations, or other wireless services any earlier than the 
     existing statutory framework provides; and
       (B) should advance the transition of digital television and 
     must not result in the unjust enrichment of any incumbent 
     licensee.

     SEC. 3. ELIMINATION OF STATUTORY DEADLINES FOR SPECTRUM 
                   AUCTIONS.

       (a) FCC To Determine Timing of Auctions.--Section 309(j) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)) is amended 
     by adding at the end the following new paragraph:
       ``(15) Commission to determine timing of auctions.--
       ``(A) Commission authority.--Subject to the provisions of 
     this subsection (including paragraph (11)), but 
     notwithstanding any other provision of law, the Commission 
     shall determine the timing of and deadlines for the conduct 
     of competitive bidding under this subsection, including the 
     timing of and deadlines for qualifying for bidding; 
     conducting auctions; collecting, depositing, and reporting 
     revenues; and completing licensing processes and assigning 
     licenses.

[[Page S5715]]

       ``(B) Termination of portions of auctions 31 and 44.--
     Except as provided in subparagraph (C), the Commission shall 
     not commence or conduct auctions 31 and 44 on June 19, 2002, 
     as specified in the public notices of March 19, 2002, and 
     March 20, 2002 (DA 02-659 and DA 02-563).
       ``(C) Exception.--
       ``(i) Blocks excepted.--Subparagraph (B) shall not apply to 
     the auction of--

       ``(I) the C-block of licenses on the bands of frequencies 
     located at 710-716 megahertz, and 740-746 megahertz; or
       ``(II) the D-block of licenses on the bands of frequencies 
     located at 716-722 megahertz.

       ``(ii) Eligible bidders.--The entities that shall be 
     eligible to bid in the auction of the C-block and D-block 
     licenses described in clause (i) shall be those entities that 
     were qualified entities, and that submitted applications to 
     participate in auction 44, by May 8, 2002, as part of the 
     original auction 44 short form filing deadline.
       ``(iii) Auction deadlines for excepted blocks.--
     Notwithstanding subparagraph (B), the auction of the C-block 
     and D-block licenses described in clause (i) shall be 
     commenced no earlier than August 19, 2002, and no later than 
     September 19, 2002, and the proceeds of such auction shall be 
     deposited in accordance with paragraph (8) not later than 
     December 31, 2002.
       ``(iv) Report.--Within one year after the date of enactment 
     of this paragraph, the Commission shall submit a report to 
     Congress--

       ``(I) specifying when the Commission intends to reschedule 
     auctions 31 and 44 (other than the blocks excepted by clause 
     (i)); and
       ``(II) describing the progress made by the Commission in 
     the digital television transition and in the assignment and 
     allocation of additional spectrum for advanced mobile 
     communications services that warrants the scheduling of such 
     auctions.

       ``(D) Return of payments.--Within one month after the date 
     of enactment of this paragraph, the Commission shall return 
     to the bidders for licenses in the A-block, B-block, and E-
     block of auction 44 the full amount of all upfront payments 
     made by such bidders for such licenses.''.
       (b) Conforming Amendments.--
       (1) Communications act of 1934.--Section 309(j)(14)(C)(ii) 
     of the Communications Act of 1934 (47 U.S.C. 
     309(j)(14)(C)(ii)) is amended by striking the second 
     sentence.
       (2) Balanced budget act of 1997.--Section 3007 of the 
     Balanced Budget Act of 1997 (111 Stat. 269) is repealed.
       (3) Consolidated appropriations act.--Paragraphs (2) and 
     (3) of section 213(a) of H.R. 3425 of the 106th Congress, as 
     enacted into law by section 1000(a)(5) of an Act making 
     consolidated appropriations for the fiscal year ending 
     September 30, 2000, and for other purposes (Public Law 106-
     113; 113 Stat. 1501A-295), are repealed.

     SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY.

       The Federal Communications Commission shall conduct 
     rescheduled auctions 31 and 44 prior to the expiration of the 
     auction authority under section 309(j)(11) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(11)).

     SEC. 5. PRESERVATION OF BROADCASTER OBLIGATIONS.

       Nothing in this Act shall be construed to relieve 
     television broadcast station licensees of the obligation to 
     complete the digital television service conversion as 
     required by section 309(j)(14) of the Communications Act of 
     1934 (47 U.S.C. 309(j)(14)).

     SEC. 6. INTERFERENCE PROTECTION.

       (a) Interference Waivers.--In granting a request by a 
     television broadcast station licensee assigned to any of 
     channels 52-69 to utilize any channel of channels 2-51 that 
     is assigned for digital broadcasting in order to continue 
     analog broadcasting during the transition to digital 
     broadcasting, the Federal Communications Commission may not, 
     either at the time of the grant or thereafter, waive or 
     otherwise reduce--
       (1) the spacing requirements provided for analog 
     broadcasting licensees within channels 2-51 as required by 
     section 73.610 of the Commission's rules (and the table 
     contained therein) (47 CFR 73.610), or
       (2) the interference standards provided for digital 
     broadcasting licensees within channels 2-51 as required by 
     sections 73.622 and 73.623 of such rules (47 CFR 73.622, 
     73.623),
     if such waiver or reduction will result in any degradation in 
     or loss of service, or an increased level of interference, to 
     any television household except as the Commission's rules 
     would otherwise expressly permit, exclusive of any waivers 
     previously granted.
       (b) Exception for Public Safety Channel Clearing.--The 
     restrictions in subsection (a) shall not apply to a station 
     licensee that is seeking authority (either by waiver or 
     otherwise) to vacate the frequencies that constitute 
     television channel 63, 64, 68, or 69 in order to make such 
     frequencies available for public safety purposes pursuant to 
     the provisions of section 337 of the Communications Act of 
     1934 (47 U.S.C. 337).
                                  ____

  SA 3894. Mr. REID (for himself and Mr. Smith of New Hampshire) 
submitted an amendment intended to be proposed by him to the bill S. 
2514, to authorize appropriations for fiscal year 2003 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 641 and insert the following:

     SEC. 641. PAYMENT OF RETIRED PAY AND COMPENSATION TO DISABLED 
                   MILITARY RETIREES.

       (a) In General.--Section 1414 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1414. Members eligible for retired pay who have 
       service-connected disabilities: payment of retired pay and 
       veterans' disability compensation

       ``(a) Payment of Both Retired Pay and Compensation.--Except 
     as provided in subsection (b), a member or former member of 
     the uniformed services who is entitled to retired pay (other 
     than as specified in subsection (c)) and who is also entitled 
     to veterans' disability compensation is entitled to be paid 
     both without regard to sections 5304 and 5305 of title 38.
       ``(b) Special Rule for Chapter 61 Career Retirees.--The 
     retired pay of a member retired under chapter 61 of this 
     title with 20 years or more of service otherwise creditable 
     under section 1405 of this title at the time of the member's 
     retirement is subject to reduction under sections 5304 and 
     5305 of title 38, but only to the extent that the amount of 
     the member's retired pay under chapter 61 of this title 
     exceeds the amount of retired pay to which the member would 
     have been entitled under any other provision of law based 
     upon the member's service in the uniformed services if the 
     member had not been retired under chapter 61 of this title.
       ``(c) Exception.--Subsection (a) does not apply to a member 
     retired under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 of 
     this title at the time of the member's retirement.
       ``(d) Definitions.--In this section:
       ``(1) The term `retired pay' includes retainer pay, 
     emergency officers' retirement pay, and naval pension.
       ``(2) The term `veterans' disability compensation' has the 
     meaning given the term `compensation' in section 101(13) of 
     title 38.''.
       (b) Repeal of Special Compensation Program.--Section 1413 
     of such title is repealed.
       (c) Conforming Amendment.--Section 641(d) of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1150; 10 U.S.C. 1414 note) is repealed.
       (d) Clerical Amendments.--The table of sections at the 
     beginning of chapter 71 of title 10, United States Code, is 
     amended by striking the items relating to sections 1413 and 
     1414 and inserting the following new item:

``1414. Members eligible for retired pay who have service-connected 
              disabilities: payment of retired pay and veterans' 
              disability compensation.''.

       (e) Effective Date.--The amendments made by this section 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
       (f) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person by reason of section 1414 of title 10, 
     United States Code, as amended by subsection (a), for any 
     period before the effective date specified in subsection (e).
                                  ____

  SA 3895. Mrs. HUTCHISON (for herself and Mr. Brownback) submitted an 
amendment intended to be proposed by her to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end add the following:

                     DIVISION D--REVENUE PROVISIONS

     SEC.   . MARRIAGE PENALTY RELIEF PROVISIONS MADE PERMANENT.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of Act) shall not apply to title III of such Act (relating to 
     marriage penalty relief).
                                  ____

  SA 3896. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 100, between lines 3 and 4, insert the following:

     SEC. 503. REINSTATEMENT OF AUTHORITY TO REDUCE SERVICE 
                   REQUIREMENT FOR RETIREMENT IN GRADES ABOVE 0-4.

       Section 1370 of title 10, United States Code, is amended by 
     striking ``December 31, 2001'' in subsections (a)(2)(A) and 
     (d)(5) and inserting ``September 30, 2004''.




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