[Congressional Record Volume 149, Number 171 (Saturday, November 22, 2003)]
[Senate]
[Pages S15573-S15574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BUNNING (for himself, Mr. Miller, Mr. Inhofe, Mr. Nelson 
        of Nebraska, Mr. Craig, Mr. Lugar, Mr. Santorum, Mr. Coleman, 
        Mr. Smith, Mr. Hatch, and Mr. Carper):
  S. 1931. A bill to repeal the sunset of the Economic Growth and Tax 
Relief Reconciliation Act of 2001 with respect to the expansion of the 
adoption credit and adoption assistance programs; to the Committee on 
Finance.
  Mr. BUNNING. Mr. President, I rise today in celebration of National 
Adoption Day by introducing legislation to repeal the sunset on two 
current-law tax provisions that make adoption more affordable for 
American families.
  In 2001, this Congress passed and President Bush signed into law the 
Economic Growth and Tax Relief Reconciliation Act. This act contains 
many much needed tax relief provisions for the American people. 
However, because of procedural rules in the Senate, this law sunsets 
and expires after December 31, 2010.
  The legislation I introduce today makes permanent two tax provisions 
contained in that law, the adoption tax credit and the exclusion for 
employer-provided adoption assistance benefits. If we do not pass this 
bill and therefore allow these provisions to sunset, then this tax 
credit will be cut overnight from a maximum of $10,000 to $5,000. 
Families who adopt special needs children will no longer receive a flat 
$10,000 credit, and instead, they will be limited to a maximum of 
$6,000. As well, families claiming the credit may be pushed into the 
Alternative Minimum Tax.
  Today, National Adoption Day, we celebrate the adoption of over 3,000 
children from foster care. There are over 542,000 kids in foster care. 
Of these, more than 125,000 children are waiting to be adopted 
permanently. We here in Congress need to continue to help these 
children to find loving homes. We need to make it easier for families 
to adopt, not throw up barriers. If the adoption tax credit is cut to 
the prior law level of $5,000, many families will not be able to afford 
adoptions. And therefore less children will be welcomed into what they 
want the most, a permanent family.
  Last year, the House of Representative passed this permanent 
extension of the adoption tax credit by a vote of 391 yeas to 1 nay. We 
in this Chamber failed to act. I am hopeful that my colleagues in the 
Senate recognize the importance of moving on this legislation to 
permanently extend this tax credit. The children and parents deserve to 
see this adoption tax credit set into law for good. This is not a 
partisan issue, but something all Americans can agree on. We owe it to 
them all.
  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. 1931

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

     SECTION 1. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC 
                   GROWTH AND TAX RELIEF RECONCILIATION ACT OF 
                   2001 WITH RESPECT TO ADOPTION CREDIT AND 
                   ADOPTION ASSISTANCE PROGRAMS.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended by adding at the end 
     the following new subsection:
       ``(c) Exception.--Subsection (a) shall not apply to the 
     amendments made by section 202 (relating to expansion of 
     adoption credit and adoption assistance programs).''.

  Mr. INHOFE. Mr. President, I rise today to join my colleagues in 
introducing this bill to repeal the provisions of the Economic Growth 
and Tax Relief Act of 2001 that sunset the adoption tax credit and 
adoption assistance programs.
  Under the current legislation, families with adopted children are 
given a tax credit of up to $10,000 to cover their adoption expenses 
and families who adopt children with special needs are credited the 
full $10,000. Providing this type of assistance is important in easing 
the costs of the adoption process and helping families cover expenses 
incurred by adopting children with special needs.
  Currently, there are around 550,000 children in foster care. Of this 
number, 126,000 are up for adoption. In order to facilitate and 
expedite the adoption process, I have worked as a member of the 
Congressional Coalition on Adoption to encourage and support families 
who are willing to provide a loving, stable, and permanent home for 
these children. The Coalition has been active in promoting adoption 
around the country through a number of programs, including the National 
Adoption Day, a day set aside to draw attention to expediting and 
finalizing adoptions. In fact, Oklahoma held 20 adoptions this week in 
celebration of the day.
  I strongly believe that it is critical to repeal the sunset provision 
of the Economic Growth and Tax Relief Act and continue to support those 
families who are making it possible for children to grow up in a loving 
and caring environment. As the grandfather of an adopted granddaughter, 
I can say through personal experience that providing a home where a 
child can be nurtured and given opportunities to become a contributing 
member of society is one of the greatest and most rewarding gifts we 
can ever give.
                                 ______
                                 
      By Mr. HATCH (for himself, Mrs. Feinstein, and Mr. Cornyn):
  S. 1933. A bill to promote effective enforcement of copyrights, an 
for other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise to introduce the Enhancing Federal 
Obscenity Reporting and Copyright Enforcement Act of 2003, the EnFORCE 
Act. This bill makes three sets of narrow, but important, changes that 
will build greater flexibility and accountability into our system of 
intellectual property laws.
  First the EnFORCE Act will expand an existing antitrust exemption to 
conform the law to market realities. Today, an antitrust exemption in 
the Copyright Act gives record companies and music publishers the 
flexibility they need to negotiate mechanical royalty rates in the 
rapidly evolving market for legal music downloading. These parties now 
need the same flexibility to ensure that they can negotiate royalties 
associated with innovative forms of physical phonorecords, like 
enhanced compact disks and DVD audio disks.
  The music industry has sometimes been criticized for being too slow 
to

[[Page S15574]]

adopt its business models to new technologies. The industry is now 
responding to such concerns by developing new products and new 
distribution channels. The EnFORCE Act will ensure that Federal law 
allows the music industry to provide consumers with these innovative 
products and services.
  Second, the EnFORCE Act will also resolve two narrow issues relating 
to statutory damages in copyright infringement litigation. Some accused 
infringers have tried to avoid liability for statutory damages by 
challenging the accuracy of the information in copyright registrations; 
this bill clarifies that courts should resolve such challenges by 
applying the existing judicial doctrine of fraud-on-the-Copyright-
Office. In other cases, disputes have arisen about how many ``works'' 
have been infringed for purposes of computing statutory damages. These 
disputes are important for the music industry, which has received 
inconsistent adjudications about whether an album consisting of ten 
songs counts as one or ten works for statutory-damages computation. The 
bill gives courts discretion to conform the law of statutory damages to 
changing market realities.
  Third, and finally, the EnFORCE Act will also enhance both the 
enforcement and oversight of federal intellectual property law. The 
bill authorizes appropriations to ensure that all Department of Justice 
units that investigate intellectual property crimes have the support of 
at least one agent specifically trained in the investigation of such 
crimes. The bill also requires the Department of Justice to report to 
Congress detailed information about the scope of its efforts to 
investigate and prosecute crimes involving the sexual exploitation of 
minors or intellectual property.
  For the above reasons, I urge my colleagues to support the Enhancing 
Federal Obscenity Reporting and Copyright Enforcement Act of 2003. I 
look forward to working with my colleagues in the Senate and the 
affected public to ensure that this bill achieves its important 
objectives.

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