[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.
____________________