[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Senate]
[Pages S6628-S6629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN:
  S. 3609. A bill to adopt fair standards and procedures by which 
determinations of Copyright Royalty Judges are made with respect to 
webcasting, and for other purposes; to the Committee on the Judiciary.
  Mr. WYDEN. Mr. President, today I rise to introduce the Internet 
Radio Fairness Act. The goal of this proposal is to help one of 
America's oldest, most dynamic industries grow into the 21st Century. 
Thanks to new digital music technologies, the ways in which consumers 
can listen and buy music has been revolutionized.
  Internet technology is even changing the music industry itself. The 
Net is freeing artists from the shackles of major record label 
middlemen by enabling artists to broadcast and sell directly to 
consumers. In fact, right now bands on independent labels are 
dominating the music charts. Artists like Amanda Palmer are leaving the 
record labels behind by instead reaching for success by embracing 
Internet platforms like Kickstarter to get her music heard.
  I am a firm believer that further unleashing Internet technology will 
expand the music marketplace to better reward Internet innovation and 
musical artists.
  The Internet has changed our lives. It is reshaping how people 
communicate, collaborate and engage in commerce. The Internet empowers 
the powerless, it gives everyone a voice, and it advances human rights 
and the cause of freedom around the world. The growth and evolution of 
the Internet comes from good, innovative ideas and from policy 
environments that protect the Net from unfair and discriminatory taxes, 
regulation, and legal liability.
  Unfortunately, one area of the Internet ecosystem that is stifled is 
the digital services of broadcast music. In 1998 Federal laws were 
enacted to specifically thwart the development of Internet platforms 
that are commercially viable as broadcasters of digital music. Since 
then, concerns about online copyright infringement intensified, record 
sales plummeted, and many commercially successful musicians are 
struggling. Consumers and rightsholders are increasingly seeking 
innovative, new models that can better promote music and compensate 
artists. The Internet Radio Fairness Act intends to answer some of 
these calls.
  Under current law royalty rates prescribed for Internet Radio are 
established based on what a panel of special copyright judges determine 
to be the market rate for musical licenses. But there is no functioning 
market for these licenses and these judges are left with very little 
information to make reasonable conclusions. That is why Congress 
routinely intervenes to correct the work of these judges. The current 
method these judges use to establish royalty rates for Internet Radio 
has led to webcasters paying five times the amount of royalties--as a 
percentage of revenue--as other digital music broadcasters, like 
satellite and cable. The long-established method that copyright judges 
use to determine royalty rates for satellite and cable providers 
enables a broader set of factors to be considered.
  The Internet Radio Fairness Act would end the discrimination against 
the Internet and Internet Radio in the digital marketplace. It would 
treat Internet Radio, for purposes of establishing royalty rates, in 
the same way that satellite and cable radio are treated. It would 
enable the copyright judges the ability to consider factors they have 
long been familiar with to establish royalty rates for Internet

[[Page S6629]]

Radio in the same way they have long done for other broadcasters.
  Doing this can enable new Internet Radio startups to succeed and 
create jobs, foster competition, and the expansion of the music 
marketplace in part so that artists can obtain broader exposure and 
more compensation.
  I hope to work with you, with stakeholders, and with my Senate 
colleagues to discuss this legislation and additional ideas that are 
necessary to unleash the power of the Internet to foster a broader, 
more dynamic marketplace for digital music.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 3610. A bill to amend the Internal Revenue Code of 1986 to deny 
the inclusion of any antidumping or countervailing duties in the 
determination of the basis of any energy tax credit property; to the 
Committee on Finance.
  Mr. WYDEN. Mr. President, I rise today to sponsor two important 
pieces of legislation. My colleagues in this body are all aware of the 
challenges that American manufacturers struggle with in the global 
market. A particular challenge faces producers of renewable energy 
technology. Not only do these producers compete against decades of 
government subsidies provided to the oil and gas industry, these 
manufacturers are increasingly competing against China's unfair trade 
practices.
  As my colleagues know, the record is clear that China is cheating. 
China is illegally subsidizing their producers of solar and wind energy 
technology. China is enabling solar panels and wind energy property to 
be sold in the U.S. at below market value due to the government 
subsidies they are provided by China.
  The Department of Commerce is investigating these practices. The 
Department has already found specific practices employed by China that 
are against international trade rules. As a result the government will 
soon assign antidumping and countervailing duties on solar panels, for 
example, as they have been determined by the Department of Commerce to 
be unfairly traded.
  The first measure that I sponsored today is very simple. The 
Investment Tax Credit Integrity Act, S. 3610, would simply say for 
purposes of the tax credit that American buyers of solar panels and 
other qualifying renewable energy can claim, taxpayers cannot use the 
tax credit to offset the antidumping and countervailing duties that are 
assigned to this merchandise. As you know, the rate of these duties is 
designed to remedy the unfair trade that was exposed; it would be 
counterproductive to allow the Investment Tax Credit to undermine the 
purpose of these duties.
  The second measure that I filed today, S. 3611, is equally important. 
The Buy Fairly Traded Goods Act says that federal agencies should not, 
with taxpayer money, buy merchandise, like Chinese subsidized solar 
panels, that are subject to U.S. duties assigned to remedy the unfair 
trade practices. Taxpayer money should not be used to buy property that 
the Department of Commerce has determined is unfairly traded and which 
is shown to harm U.S. manufacturers. This measure is written so there 
may be limited exceptions in the event of a national security issue, 
and it is crafted to comply with America's international trade 
obligations. Importantly, this bill also instructs federal agencies to 
use their contracting power to ensure that developers who are producing 
renewable energy for use by the federal government do not buy property 
for that purpose that is subject to trade remedies.
  I am pleased that Senator Merkley has joined me in sponsoring these 
proposals. Mr. Merkley has a strong record for standing up for American 
businesses and the workers who are struggling during these difficult 
times due to the unscrupulous trade practices employed by the People's 
Republic of China.
                                 ______
                                 
      By Mr. REED (for himself and Mr. Johanns):
  S. 3614. A bill to establish a pilot program to authorize the 
Secretary of Housing and Urban Development to make grants to nonprofit 
organizations to rehabilitate and modify homes of disabled and low-
income veterans; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. REED. Mr. President, today I am introducing the Housing 
Assistance for Veterans Act along with my colleague Senator Johanns.
  Our veterans have made many personal sacrifices in service to our 
nation. We must honor our commitment to provide them with the care they 
have earned and deserved, in both word and deed. One such way is to 
ensure that they have access to adequate housing.
  According to Rebuilding Together, more than a quarter of all 
veterans, about six million, are estimated to be disabled. In my home 
State of Rhode Island, according to the U.S. Census Bureau, there are 
more than 19,000 veterans with disabilities, each of whom face their 
own unique challenges in terms of their housing needs.
  The Department of Veterans Affairs, VA, has programs that assist 
these veterans in adapting and improving their homes. Unfortunately, 
these programs do not extend assistance to all veterans with 
disabilities. It is clear we must do more, and with this legislation, 
we are seeking to serve all veterans with disabilities, regardless of 
the severity of the disability and whether the disability is service-
connected. The Housing Assistance for Veterans Act will give them the 
opportunity to renovate and modify their existing homes by installing 
wheelchair ramps, widening doors, re-equipping rooms, and making 
necessary additions and adjustments to existing structures, all so that 
these homes are both more suitable and safer for our veterans.
  Our legislation encourages key stakeholders, such as the Department 
of Housing and Urban Development, the VA, housing non-profits, and 
veterans service organizations, to work together to serve our veterans. 
In order to extend the reach of this Federal funding, grant recipients 
would be expected to either match Federal funding or make in-kind 
contributions, through encouraging volunteers to help make repairs or 
engaging businesses to donate needed supplies.
  This bill is supported by Rebuilding Together, VetsFirst, Vietnam 
Veterans of America, Veterans of Foreign Wars, Paralyzed Veterans of 
America, and Habitat for Humanity. I thank Senator Johanns for working 
with me on this important bill, and I look forward to working with him 
and the rest of our colleagues to pass this legislation.

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