[Congressional Record (Bound Edition), Volume 147 (2001), Part 16]
[Senate]
[Pages 22753-22764]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 2149. Mr. REID (for Mr. Rockefeller (for himself and Mr. Specter)) 
proposed an amendment to the bill H.R. 2540, an act to amend title 38, 
United States Code, to provide a cost-of-living adjustment in the rates 
of disability compensation for veterans with service-connected 
disabilities and the rates of dependency and indemnity compensation for 
survivors of such veterans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Compensation Rate Amendments of 2001''.
       (b) References to Title 38, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.

     SEC. 2. DISABILITY COMPENSATION.

       (a) Increase in Rates.--Section 1114 is amended--
       (1) by striking ``$98'' in subsection (a) and inserting 
     ``$103'';
       (2) by striking ``$188'' in subsection (b) and inserting 
     ``$199'';
       (3) by striking ``$288'' in subsection (c) and inserting 
     ``$306'';
       (4) by striking ``$413'' in subsection (d) and inserting 
     ``$439'';
       (5) by striking ``$589'' in subsection (e) and inserting 
     ``$625'';
       (6) by striking ``$743'' in subsection (f) and inserting 
     ``$790'';
       (7) by striking ``$937'' in subsection (g) and inserting 
     ``$995'';
       (8) by striking ``$1,087'' in subsection (h) and inserting 
     ``$1,155'';
       (9) by striking ``$1,224'' in subsection (i) and inserting 
     ``$1,299'';
       (10) by striking ``$2,036'' in subsection (j) and inserting 
     ``$2,163'';
       (11) in subsection (k)--
       (A) by striking ``$76'' both places it appears and 
     inserting ``$80''; and
       (B) by striking ``$2,533'' and ``$3,553'' and inserting 
     ``$2,691'' and ``$3,775'', respectively;
       (12) by striking ``$2,533'' in subsection (l) and inserting 
     ``$2,691'';
       (13) by striking ``$2,794'' in subsection (m) and inserting 
     ``$2,969'';
       (14) by striking ``$3,179'' in subsection (n) and inserting 
     ``$3,378'';
       (15) by striking ``$3,553'' each place it appears in 
     subsections (o) and (p) and inserting ``$3,775'';
       (16) by striking ``$1,525'' and ``$2,271'' in subsection 
     (r) and inserting ``$1,621'' and ``$2,413'', respectively; 
     and
       (17) by striking ``$2,280'' in subsection (s) and inserting 
     ``$2,422''.
       (b) Special Rule.--The Secretary of Veterans Affairs may 
     authorize administratively, consistent with the increases 
     authorized by this section, the rates of disability 
     compensation payable to persons within the purview of section 
     10 of Public Law 85-857 who are not in receipt of 
     compensation payable pursuant to chapter 11 of title 38, 
     United States Code.

     SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.

       Section 1115(1) is amended--
       (1) by striking ``$117'' in clause (A) and inserting 
     ``$124'';
       (2) by striking ``$201'' and ``$61'' in clause (B) and 
     inserting ``$213'' and ``$64'', respectively;
       (3) by striking ``$80'' and ``$61'' in clause (C) and 
     inserting ``$84'' and ``$64'', respectively;
       (4) by striking ``$95'' in clause (D) and inserting 
     ``$100'';
       (5) by striking ``$222'' in clause (E) and inserting 
     ``$234''; and
       (6) by striking ``$186'' in clause (F) and inserting 
     ``$196''.

     SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

       Section 1162 is amended by striking ``$546'' and inserting 
     ``$580''.

     SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
                   SPOUSES.

       (a) New Law Rates.--Section 1311(a) is amended--
       (1) by striking ``$881'' in paragraph (1) and inserting 
     ``$935''; and

[[Page 22754]]

       (2) by striking ``$191'' in paragraph (2) and inserting 
     ``$202''.
       (b) Old Law Rates.--The table in section 1311(a)(3) is 
     amended to read as follows:

       

------------------------------------------------------------------------
                         Pay grade                             Monthly
------------------------------------------------------------------------
E-1........................................................         $935
E-2........................................................          935
E-3........................................................          935
E-4........................................................          935
E-5........................................................          935
E-6........................................................          935
E-7........................................................          967
E-8........................................................        1,021
E-9........................................................    \1\ 1,066
W-1........................................................          988
W-2........................................................        1,028
W-3........................................................        1,058
W-4........................................................        1,119
O-1........................................................          988
O-2........................................................        1,021
O-3........................................................        1,092
O-4........................................................        1,155
O-5........................................................        1,272
O-6........................................................        1,433
O-7........................................................        1,549
O-8........................................................        1,699
O-9........................................................        1,818
O-10.......................................................    \2\ 1,994
------------------------------------------------------------------------
``\1\ If the veteran served as Sergeant Major of the Army, Senior
  Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force,
  Sergeant Major of the Marine Corps, or Master Chief Petty Officer of
  the Coast Guard, at the applicable time designated by section 1302 of
  this title, the surviving spouse's rate shall be $1,149.
``\2\ If the veteran served as Chairman or Vice Chairman of the Joint
  Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
  Operations, Chief of Staff of the Air Force, Commandant of the Marine
  Corps, or Commandant of the Coast Guard, at the applicable time
  designated by section 1302 of this title, the surviving spouse's rate
  shall be $2,139.''.

       (c) Additional DIC for Children.--Section 1311(b) is 
     amended by striking ``$222'' and inserting ``$234''.
       (d) Aid and Attendance Allowance.--Section 1311(c) is 
     amended by striking ``$222'' and inserting ``$234''.
       (e) Housebound Rate.--Section 1311(d) is amended by 
     striking ``$107'' and inserting ``$112''.

     SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

       (a) DIC for Orphan Children.--Section 1313(a) is amended--
       (1) by striking ``$373'' in paragraph (1) and inserting 
     ``$397'';
       (2) by striking ``$538'' in paragraph (2) and inserting 
     ``$571'';
       (3) by striking ``$699'' in paragraph (3) and inserting 
     ``$742''; and
       (4) by striking ``$699'' and ``$136'' in paragraph (4) and 
     inserting ``$742'' and ``$143'', respectively.
       (b) Supplemental DIC for Disabled Adult Children.--Section 
     1314 is amended--
       (1) by striking ``$222'' in subsection (a) and inserting 
     ``$234'';
       (2) by striking ``$373'' in subsection (b) and inserting 
     ``$397''; and
       (3) by striking ``$188'' in subsection (c) and inserting 
     ``$199''.

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on 
     December 1, 2001.
                                  ____

  SA 2150. Mr. REID (for Mr. Rockefeller (for himself and Mr. Specter) 
proposed an amendment to the bill H.R. 2540, An act to amend title 38, 
United States Code, to provide a cost-of-living adjustment in the rates 
of disability compensation for veterans with service-connected 
disabilities and the rates of dependency and indemnity compensation for 
survivors of such veterans; as follows:

       Amend the title so as to read ``An Act to amend title 38, 
     United States Code, to provide a cost-of-living adjustment in 
     the rates of disability compensation for veterans with 
     service-connected disabilities and the rates of dependency 
     and indemnity compensation for survivors of such veterans.''.
                                  ____

  SA 2151. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 3090, to provide tax incentives for economic 
recovery; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. __. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION 
                   ISSUES.

       (a) Purpose.--The purpose of this section is to require 
     procedures that ensure the fair and equitable resolution of 
     labor integration issues, in order to prevent further 
     disruption to transactions for the combination of air 
     carriers, which would potentially aggravate the disruption 
     caused by the attack on the United States on September 11, 
     2001.
       (b) Definitions.--In this Act:
       (1) Air carrier.--The term ``air carrier'' means an air 
     carrier that holds a certificate issued under chapter 411 of 
     title 49, United States Code.
       (2) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier that is involved in a covered 
     transaction.
       (3) Covered employee.--The term ``covered employee'' means 
     an employee who--
       (A) is not a temporary employee; and
       (B) is a member of a craft or class that is subject to the 
     Railway Labor Act (45 U.S.C. 151 et seq.).
       (4) Covered transaction.--The term ``covered transaction'' 
     means a transaction that--
       (A) is a transaction for the combination of multiple air 
     carriers into a single air carrier;
       (B) involves the transfer of ownership or control of--
       (i) 50 percent or more of the equity securities (as defined 
     in section 101 of title 11, United States Code) of an air 
     carrier; or
       (ii) 50 percent or more (by value) of the assets of the air 
     carrier;
       (C) became a pending transaction, or was completed, not 
     earlier than January 1, 2001; and
       (D) did not result in the creation of a single air carrier 
     by September 11, 2001.
       (c) Seniority Integration.--In any covered transaction 
     involving a covered air carrier that leads to the combination 
     of crafts or classes that are subject to the Railway Labor 
     Act--
       (1) sections 3 and 13 of the labor protective provisions 
     imposed by the Civil Aeronautics Board in the Allegheny-
     Mohawk merger (as published at 59 CAB 45) shall apply to the 
     covered employees of the covered air carrier; and
       (2) subject to paragraph (1), in a case in which a 
     collective bargaining agreement provides for the application 
     of sections 3 and 13 of the labor protective provisions in 
     the process of seniority integration for the covered 
     employees, the terms of the collective bargaining agreement 
     shall apply to the covered employees and shall not be 
     abrogated.
       (d) Enforcement.--Any aggrieved person (including any labor 
     organization that represents the person) may bring an action 
     to enforce this section, or the terms of any award or 
     agreement resulting from arbitration or a settlement relating 
     to the requirements of this section. The person may bring the 
     action in an appropriate Federal district court, determined 
     in accordance with section 1391 of title 28, United States 
     Code, without regard to the amount in controversy.
                                  ____

  SA 2152. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill H.R. 3090, to provide tax incentives for economic 
recovery; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE 
                   RESERVE COMPONENT.

       (a) Deduction Allowed.--Section 162 (relating to certain 
     trade or business expenses) is amended by redesignating 
     subsection (p) as subsection (q) and inserting after 
     subsection (o) the following new subsection:
       ``(p) Treatment of Expenses of Members of Reserve Component 
     of Armed Forces of the United States.--For purposes of 
     subsection (a), in the case of an individual who performs 
     services as a member of a reserve component of the Armed 
     Forces of the United States at any time during the taxable 
     year, such individual shall be deemed to be away from home in 
     the pursuit of a trade or business during any period for 
     which such individual is away from home in connection with 
     such service.''.
       (b) Deduction Allowed Whether or Not Taxpayer Elects To 
     Itemize.--Section 62(a)(2) (relating to certain trade and 
     business deductions of employees) is amended by adding at the 
     end the following new subparagraph:
       ``(D) Certain expenses of members of reserve components of 
     the armed forces of the united states.--The deductions 
     allowed by section 162 which consist of expenses paid or 
     incurred by the taxpayer in connection with the performance 
     of services by such taxpayer as a member of a reserve 
     component of the Armed Forces of the United States.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2001.

     SEC. __. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT 
                   PERSONNEL.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.

       ``(a) General Rule.--For purposes of section 38, the 
     reserve component employment credit determined under this 
     section is an amount equal to the sum of--
       ``(1) the employment credit with respect to all qualified 
     employees of the taxpayer, plus
       ``(2) the self-employment credit of a qualified self-
     employed taxpayer.
       ``(b) Employment Credit.--For purposes of this section--
       ``(1) In general.--The employment credit with respect to a 
     qualified employee of the taxpayer for any taxable year is 
     equal to 50 percent of the amount of qualified compensation 
     that would have been paid to the employee with respect to all 
     periods during which the employee participates in qualified 
     reserve component duty to the exclusion of normal employment 
     duties, including time spent in a travel status had the 
     employee not been participating in qualified reserve 
     component duty. The employment credit, with respect to all 
     qualified employees, is equal to the sum of the employment 
     credits for each qualified employee under this subsection.
       ``(2) Qualified compensation.--When used with respect to 
     the compensation paid or

[[Page 22755]]

     that would have been paid to a qualified employee for any 
     period during which the employee participates in qualified 
     reserve component duty, the term `qualified compensation' 
     means compensation--
       ``(A) which is normally contingent on the employee's 
     presence for work and which would be deductible from the 
     taxpayer's gross income under section 162(a)(1) if the 
     employee were present and receiving such compensation, and
       ``(B) which is not characterized by the taxpayer as 
     vacation or holiday pay, or as sick leave or pay, or as any 
     other form of pay for a nonspecific leave of absence, and 
     with respect to which the number of days the employee 
     participates in qualified reserve component duty does not 
     result in any reduction in the amount of vacation time, sick 
     leave, or other nonspecific leave previously credited to or 
     earned by the employee.
       ``(3) Qualified employee.--The term `qualified employee' 
     means a person who--
       ``(A) has been an employee of the taxpayer for the 21-day 
     period immediately preceding the period during which the 
     employee participates in qualified reserve component duty, 
     and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States as defined 
     in sections 10142 and 10101 of title 10, United States Code.
       ``(c) Self-Employment Credit.--
       ``(1) In general.--The self-employment credit of a 
     qualified self-employed taxpayer for any taxable year is 
     equal to 50 percent of the excess, if any, of--
       ``(A) the self-employed taxpayer's average daily self-
     employment income for the taxable year over
       ``(B) the average daily military pay and allowances 
     received by the taxpayer during the taxable year, while 
     participating in qualified reserve component duty to the 
     exclusion of the taxpayer's normal self-employment duties for 
     the number of days the taxpayer participates in qualified 
     reserve component duty during the taxable year, including 
     time spent in a travel status.
       ``(2) Average daily self-employment income and average 
     daily military pay and allowances.--As used with respect to a 
     self-employed taxpayer--
       ``(A) the term `average daily self-employment income' means 
     the self-employment income (as defined in section 1402) of 
     the taxpayer for the taxable year divided by the difference 
     between--
       ``(i) 365, and
       ``(ii) the number of days the taxpayer participates in 
     qualified reserve component duty during the taxable year, 
     including time spent in a travel status, and
       ``(B) the term `average daily military pay and allowances' 
     means--
       ``(i) the amount paid to the taxpayer during the taxable 
     year as military pay and allowances on account of the 
     taxpayer's participation in qualified reserve component duty, 
     divided by
       ``(ii) the total number of days the taxpayer participates 
     in qualified reserve component duty, including time spent in 
     travel status.
       ``(3) Qualified self-employed taxpayer.--The term 
     `qualified self-employed taxpayer' means a taxpayer who--
       ``(A) has net earnings from self-employment (as defined in 
     section 1402) for the taxable year, and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States.
       ``(d) Credit In Addition to Deduction.--The employment 
     credit provided in this section is in addition to any 
     deduction otherwise allowable with respect to compensation 
     actually paid to a qualified employee during any period the 
     employee participates in qualified reserve component duty to 
     the exclusion of normal employment duties.
       ``(e) Limitations.--
       ``(1) Maximum credit.--
       ``(A) In general.--The credit allowed by subsection (a) for 
     the taxable year--
       ``(i) shall not exceed $7,500 in the aggregate, and
       ``(ii) shall not exceed $2,000 with respect to each 
     qualified employee.
       ``(B) Controlled groups.--For purposes of applying the 
     limitations in subparagraph (A)--
       ``(i) all members of a controlled group shall be treated as 
     one taxpayer, and
       ``(ii) such limitations shall be allocated among the 
     members of such group in such manner as the Secretary may 
     prescribe.

     For purposes of this subparagraph, all persons treated as a 
     single employer under subsection (a) or (b) of section 52 or 
     subsection (m) or (o) of section 414 shall be treated as 
     members of a controlled group.
       ``(2) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(A) any taxable year in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(B) the two succeeding taxable years.
       ``(3) Disallowance with respect to persons ordered to 
     active duty for training.--No credit shall be allowed under 
     subsection (a) to a taxpayer with respect to any period for 
     which the person on whose behalf the credit would otherwise 
     be allowable is called or ordered to active duty for any of 
     the following types of duty:
       ``(A) active duty for training under any provision of title 
     10, United States Code,
       ``(B) training at encampments, maneuvers, outdoor target 
     practice, or other exercises under chapter 5 of title 32, 
     United States Code, or
       ``(C) full-time National Guard duty, as defined in section 
     101(d)(5) of title 10, United States Code.
       ``(f) General Definitions and Special Rules.--
       ``(1) Military pay and allowances.--The term `military pay' 
     means pay as that term is defined in section 101(21) of title 
     37, United States Code, and the term `allowances' means the 
     allowances payable to a member of the Armed Forces of the 
     United States under chapter 7 of that title.
       ``(2) Qualified reserve component duty.--The term 
     `qualified reserve component duty' includes only active duty 
     performed, as designated in the reservist's military orders, 
     in support of a contingency operation as defined in section 
     101(a)(13) of title 10, United States Code.
       ``(3) Normal employment and self-employment duties.--A 
     person shall be deemed to be participating in qualified 
     reserve component duty to the exclusion of normal employment 
     or self-employment duties if the person does not engage in or 
     undertake any substantial activity related to the person's 
     normal employment or self-employment duties while 
     participating in qualified reserve component duty unless in 
     an authorized leave status or other authorized absence from 
     military duties. If a person engages in or undertakes any 
     substantial activity related to the person's normal 
     employment or self-employment duties at any time while 
     participating in a period of qualified reserve component 
     duty, unless during a period of authorized leave or other 
     authorized absence from military duties, the person shall be 
     deemed to have engaged in or undertaken such activity for the 
     entire period of qualified reserve component duty.
       ``(4) Certain rules to apply.--Rules similar to the rules 
     of subsections (c), (d), and (e) of section 52 shall apply 
     for purposes of this section.''.
       (b) Conforming Amendment.--Section 38(b) (relating to 
     general business credit) is amended--
       (1) by striking ``plus'' at the end of paragraph (14),
       (2) by striking the period at the end of paragraph (15) and 
     inserting ``, plus'', and
       (3) by adding at the end the following new paragraph:
       ``(16) the reserve component employment credit determined 
     under section 45G(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 45F the 
     following new item:

``Sec. 45G. Reserve component employment credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.
                                  ____

  SA 2153. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 3090, to provide tax incentives for economic 
recovery; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC.   . DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS 
                   OF SELF-EMPLOYED INDIVIDUALS.

       (a) In General.--Paragraph (1) of section 162(l) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) Allowance of deduction.--In the case of an individual 
     who is an employee within the meaning of section 401(c)(1), 
     there shall be allowed as a deduction under this section an 
     amount equal to 100 percent of the amount paid during the 
     taxable year for insurance which constitutes medical care for 
     the taxpayer and the taxpayer's spouse and dependents.''.
       (b) Clarification of Limitations on Other Coverage.--The 
     first sentence of section 162(l)(2)(B) of the Internal 
     Revenue Code of 1986 is amended to read as follows: 
     ``Paragraph (1) shall not apply to any taxpayer for any 
     calendar month for which the taxpayer participates in any 
     subsidized health plan maintained by any employer (other than 
     an employer described in section 401(c)(4)) of the taxpayer 
     or the spouse of the taxpayer.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.
                                  ____

  SA 2154. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 3090, to provide tax incentives 
for economic recovery; which was ordered to lie on the table; as 
follows:

       At the appropriate place, add the following:

[[Page 22756]]



     ``SECTION.  . TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT 
                   TO INCOME OR EMPLOYMENT TAXES.

       (a) In General.--Section 102 of the Internal Revenue Code 
     of 1986 (relating to gifts and inheritances) is amended by 
     adding at the end the following new subsection:
       (d) Tips Received for Certain Services.--
       (1) In general.--For purposes of subsection (a), tips 
     received by an individual for qualified services performed by 
     such individual shall be treated as property transferred by 
     gift.
       (2) Qualified services.--For purposes of this subsection, 
     the term ``qualified services'' means cosmetology, 
     hospitality (including lodging and food and beverage 
     services), recreation, baggage handling, transportation, 
     delivery, shoe shine, and other services where tips are 
     customary.
       (3) Annual limit.--The amount excluded from gross income 
     for the taxable year by reason of paragraph (1) with respect 
     to each service provider shall not exceed $10,000.
       (4) Employee taxable on at least minimum wage.--Paragraph 
     (1) shall not apply to tips received by an employee during 
     any month to the extent that such tips--
       (A) are deemed to have been paid by the employer to the 
     employee pursuant to section 3121(q) (without regard to 
     whether such tips are reported under section 6053), and
       (B) do not exceed the excess of--
       (i) the minimum wage rate applicable to such individual 
     under section 6(a)(1) of the Fair Labor Standards Act of 1938 
     (determined without regard to section 3(m) of such Act), over
       (ii) the amount of the wages (excluding tips) paid by the 
     employer to the employee during such month.
       (5) Tips.--For purposes of this title, the term ``tips'' 
     means a gratuity paid by an individual for services performed 
     for such individual (or for a group which includes such 
     individual) by another individual if such services are not 
     provided pursuant to an employment or similar contractual 
     relationship between such individuals.
       (b) Exclusion From Social Security Taxes.-- (1) Paragraph 
     (12) of section 3121(a) of such Code is amended to read as 
     follows:
       ``(12)(A) tips paid in any medium other than cash;
       ``(B) cash tips received by an employee in any calendar 
     month in the course of his employment by an employer unless 
     the amount of such cash tips is $20 or more and then only to 
     the extent includible in gross income after the application 
     of section 102(d);''
       (2) Paragraph (10 of section 209(a) of the Social Security 
     Act is amended to read as follows:
       ``(10)(A) tips paid in any medium other than cash;
       ``(B) cash tips received by an employee in any calendar 
     month in the course of his employment by an employer unless 
     the amount of such cash tips is $20 or more and then only to 
     the extent includible in gross income after the application 
     of section 102(d) of the Internal Revenue Code of 1986 for 
     such month;''.
       (3) Paragraph (3) of section 3231(e) of such Code is 
     amended to read as follows:
       ``(3) Solely for purposes of the taxes imposed by section 
     3201 and other provisions of this chapter insofar as they 
     relate to such taxes, the term `compensation' also includes 
     cash tips received by an employee in any calendar month in 
     the course of his employment by an employer if the amount of 
     such cash tips is $20 or more and then only to the extent 
     includible in gross income after the application of section 
     102(d).''.
       (c) Exclusion From Unemployment Compensation Taxes.--
     Subsection(s) of section 3306 of such Code is amended to read 
     as follows:
       ``(s) Tips Not Treated as Wages.--For purposes of this 
     chapter, the term `wages' shall include tips received in any 
     month only to the extent includible in gross income after the 
     application of section 102(d) for such month.''
       (d) Exclusion From Wage Withholding.--Paragraph (16) of 
     section 3401(a) of such Code is amended to read as follows:
       ``(16)(a) as tips in any medium other than cash;
       ``(B) as cash tips to an employee in any calendar month in 
     the course of his employment by an employer unless the amount 
     of such cash tips is $20 or more and then only to the extent 
     includible in gross income after the application of section 
     102(d);''
       (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 
     220(b)(4)(A) of such Code are each amended by striking 
     ``tips'' and inserting ``tips to the extent includible in 
     gross income after the application of section 102(d)).''
       (f) Effective Date.--The amendments made by this section 
     shall apply to tips received after the calendar month which 
     includes the date of the enactment of this Act.
                                  ____

  SA 2155. Mr. ENZI (for himself, Mr. Dorgan, Mrs. Hutchison, Mr. 
Graham, Mr. Voinovich, Mr. Breaux, Mr. Hutchinson, and Mr. Carper) 
proposed an amendment to the bill H.R. 1552, to extend the moratorium 
enacted by the Internet Tax Freedom Act through 2006, and for other 
purposes; as follows:

       Strike all after the first word and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Internet Tax Moratorium and 
     Equity Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The moratorium of the Internet Tax Freedom Act on new 
     taxes on Internet access and on multiple and discriminatory 
     taxes on electronic commerce should be extended.
       (2) States should be encouraged to simplify their sales and 
     use tax systems.
       (3) As a matter of economic policy and basic fairness, 
     similar sales transactions should be treated equally, without 
     regard to the manner in which sales are transacted, whether 
     in person, through the mails, over the telephone, on the 
     Internet, or by other means.
       (4) Congress may facilitate such equal taxation consistent 
     with the United States Supreme Court's decision in Quill 
     Corp. v. North Dakota.
       (5) States that adequately simplify their tax systems 
     should be authorized to correct the present inequities in 
     taxation through requiring sellers to collect taxes on sales 
     of goods or services delivered in-state, without regard to 
     the location of the seller.
       (6) The States have experience, expertise, and a vital 
     interest in the collection of sales and use taxes, and thus 
     should take the lead in developing and implementing sales and 
     use tax collection systems that are fair, efficient, and non-
     discriminatory in their application and that will simplify 
     the process for both sellers and buyers.
       (7) Online consumer privacy is of paramount importance to 
     the growth of electronic commerce and must be protected.

     SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM.

       Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 
     151 note) is amended to read as follows:
       ``(a) Moratorium.--No State or political subdivision 
     thereof shall impose--
       ``(1) any taxes on Internet access during the period 
     beginning after September 30, 1998, unless such a tax was 
     generally imposed and actually enforced prior to October 1, 
     1998; and
       ``(2) multiple or discriminatory taxes on electronic 
     commerce during the period beginning on October 1, 1998, and 
     ending on December 31, 2005.''.

     SEC. 4. INTERNET TAX FREEDOM ACT DEFINITIONS.

       (a) Internet Access Services.--Section 1104 of the Internet 
     Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at 
     the end the following new paragraph:
       ``(11) Internet access services.--The term `Internet access 
     services' means services that combine computer processing, 
     information storage, protocol conversion, and routing with 
     transmission to enable users to access Internet content and 
     services. Such term does not include receipt of such content 
     or services.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the 
     Internet Tax Freedom Act.

     SEC. 5. STREAMLINED SALES AND USE TAX SYSTEM.

       (a) Development of Streamlined System.--It is the sense of 
     Congress that States and localities should work together to 
     develop a streamlined sales and use tax system that addresses 
     the following in the context of remote sales:
       (1) A centralized, one-stop, multi-state reporting, 
     submission, and payment system for sellers.
       (2) Uniform definitions for goods or services, the sale of 
     which may, by State action, be included in the tax base.
       (3) Uniform rules for attributing transactions to 
     particular taxing jurisdictions.
       (4) Uniform procedures for--
       (A) the treatment of purchasers exempt from sales and use 
     taxes; and
       (B) relief from liability for sellers that rely on such 
     State procedures.
       (5) Uniform procedures for the certification of software 
     that sellers rely on to determine sales and use tax rates and 
     taxability.
       (6) A uniform format for tax returns and remittance forms.
       (7) Consistent electronic filing and remittance methods.
       (8) State administration of all State and local sales and 
     use taxes.
       (9) Uniform audit procedures, including a provision giving 
     a seller the option to be subject to no more than a single 
     audit per year using those procedures; except that if the 
     seller does not comply with the procedures to elect a single 
     audit, any State can conduct an audit using those procedures.
       (10) Reasonable compensation for tax collection by sellers.
       (11) Exemption from use tax collection requirements for 
     remote sellers falling below a de minimis threshold of 
     $5,000,000 in gross annual sales.
       (12) Appropriate protections for consumer privacy.
       (13) Uniform enforcement criteria and a process for 
     ensuring compliance by those States that adopt the 
     streamlined sales and use tax system.
       (14) A process for resolving conflicts of law among States 
     in the interpretation or application of statutory or 
     regulatory provisions implementing the system.
       (15) Such other features that the States deem warranted to 
     promote simplicity, uniformity, neutrality, efficiency, and 
     fairness.

[[Page 22757]]

       (b) Study.--It is the sense of Congress that a joint, 
     comprehensive study should be commissioned by State and local 
     governments and the business community to determine the cost 
     to all sellers of collecting and remitting State and local 
     sales and use taxes on sales made by sellers under the law as 
     in effect on the date of enactment of this Act and under the 
     system described in subsection (a) to assist in determining 
     what constitutes reasonable compensation.

     SEC. 6. INTERSTATE SALES AND USE TAX COMPACT.

       (a) Authorization.--In general, the States are authorized 
     to enter into an Interstate Sales and Use Tax Compact. The 
     Compact shall describe a uniform, streamlined sales and use 
     tax system consistent with section 5(a), and shall provide 
     that States joining the Compact must adopt that system.
       (b) Expiration.--The authorization in subsection (a) shall 
     expire if the Compact has not been formed before January 1, 
     2005.
       (c) Congressional Approval of Compact.--
       (1) Adopting states to transmit.--Upon the 20th State 
     becoming a signatory to the Compact, the adopting States 
     shall transmit a copy of the Compact to Congress.
       (2) Congressional action.--
       (A) In general.--If a joint resolution described in 
     subparagraph (B) is enacted into law within 120 calendar 
     days, excluding congressional recess period days, of Congress 
     receiving the Compact under paragraph (1), then sections 7 
     and 8 shall apply to the adopting States, and any other State 
     that subsequently adopts the Compact.
       (B) Joint resolution.--A joint resolution described in this 
     subparagraph is a joint resolution of the two Houses of 
     Congress, the matter after the resolving clause of which is 
     as follows: ``That Congress--
       ``(1) agrees that the uniform, streamlined sales and use 
     tax system described in the Compact transmitted to Congress 
     by the States pursuant to section 6(c)(1) of the Internet Tax 
     Moratorium and Equity Act does not create an undue burden on 
     interstate commerce; and
       ``(2) authorizes any State that adopts such Compact to 
     require remote sellers to collect and remit sales and use 
     taxes in accordance with such system .''
       (C) Expedited procedure for approval.--
       (i) Rules of house and senate.--This paragraph is enacted--

       (I) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of the joint resolution described 
     in subparagraph (B), and they supersede other rules only to 
     the extent that they are inconsistent therewith, and
       (II) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

       (ii) Applicable procedural provisions.--Except as otherwise 
     provided in this paragraph, the procedures set forth in 
     section 152 (other than subsection (a) thereof) of the Trade 
     Act of 1974 (19 U.S.C. 2192) shall apply to the joint 
     resolution described in subparagraph (B) by substituting the 
     ``Committee on the Judiciary'' for the ``Committee on Ways 
     and Means'' and the ``Committee on Commerce, Science, and 
     Transportation'' for the ``Committee on Finance'' in 
     subsections (b) and (f)(1)(A)(i) thereof.
       (iii) Introduction of joint resolution after compact 
     received.--Until Congress receives the Compact described in 
     paragraph (1), it shall not be in order in either House to 
     introduce the joint resolution described in subparagraph (B).
       (iv) Consideration of joint resolution.--No amendment to 
     the joint resolution described in subparagraph (B) shall be 
     in order in either the House of Representatives or the 
     Senate, and no motion to suspend the application of this 
     clause shall be in order in either House. Within 120 calendar 
     days, excluding congressional recess period days, after the 
     date on which a joint resolution described in subparagraph 
     (B) is introduced in either House, that House shall proceed 
     to a final vote on the joint resolution without intervening 
     action. If either House approves the resolution, it shall be 
     placed on the calendar in the other House, which shall 
     proceed immediately to a final vote on the joint resolution 
     without intervening action.

     SEC. 7. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH 
                   AVERAGING.

       (a) In General.--Subject to the exceptions in subsections 
     (c) and (d), a State that adopts the Compact authorized and 
     approved under section 6 and that levies a use tax shall 
     impose a single, uniform State-wide use-tax rate on all 
     remote sales on which it assesses a use tax for any calendar 
     year for which the State meets the requirements of subsection 
     (b).
       (b) Averaging Requirement.--A State meets the requirements 
     of this subsection for any calendar year in which the single, 
     uniform State-wide use-tax rate is in effect if such rate is 
     no greater than the weighted average of the sales tax rates 
     actually imposed by the State and its local jurisdictions 
     during the 12-month period ending on June 30 prior to such 
     calendar year.
       (c) Annual Option To Collect Actual Tax.--Notwithstanding 
     subsection (a), a remote seller may elect annually to collect 
     the actual applicable State and local use taxes on each sale 
     made in the State.
       (d) Alternative System.--A State that adopts the uniform, 
     streamlined sales and use tax system described in the Compact 
     authorized and approved under section 6 so that remote 
     sellers can use information provided by the State to identify 
     the single applicable rate for each sale, may require a 
     remote seller to collect the actual applicable State and 
     local sales or use tax due on each sale made in the State if 
     the State provides such seller relief from liability to the 
     State for relying on such information provided by the State.

     SEC. 8. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.

       (a) Grant of Authority.--
       (1) States that adopt the system may require collection.--
     Any State that has adopted the system described in the 
     Compact authorized and approved under section 6 is 
     authorized, notwithstanding any other provision of law, to 
     require all sellers not qualifying for the de minimis 
     exception to collect and remit sales and use taxes on remote 
     sales to purchasers located in such State.
       (2) States that do not adopt the system may not require 
     collection.--Paragraph (1) does not extend to any State that 
     does not adopt the system described in the Compact.
       (b) No Effect on Nexus, etc.--No obligation imposed by 
     virtue of authority granted by subsection (a)(1) or denied by 
     subsection (a)(2) shall be considered in determining whether 
     a seller has a nexus with any State for any other tax 
     purpose. Except as provided in subsection (a), nothing in 
     this Act permits or prohibits a State--
       (1) to license or regulate any person;
       (2) to require any person to qualify to transact intrastate 
     business; or
       (3) to subject any person to State taxes not related to the 
     sale of goods or services.

     SEC. 9. NEXUS FOR STATE BUSINESS ACTIVITY TAXES.

       It is the sense of Congress that before the conclusion of 
     the 107th Congress, legislation should be enacted to 
     determine the appropriate factors to be considered in 
     establishing whether nexus exists for State business activity 
     tax purposes.

     SEC. 10. LIMITATION.

       In general, nothing in this Act shall be construed as 
     subjecting sellers to franchise taxes, income taxes, or 
     licensing requirements of a State or political subdivision 
     thereof, nor shall anything in this Act be construed as 
     affecting the application of such taxes or requirements or 
     enlarging or reducing the authority of any State or political 
     subdivision to impose such taxes or requirements.

     SEC. 11. DEFINITIONS.

       In this Act:
       (1) State.--The term ``State'' means any State of the 
     United States of America and includes the District of 
     Columbia.
       (2) Goods or services.--The term ``goods or services'' 
     includes tangible and intangible personal property and 
     services.
       (3) Remote sale.--The term ``remote sale'' means a sale in 
     interstate commerce of goods or services attributed, under 
     the rules established pursuant to section 5(a)(3), to a 
     particular taxing jurisdiction that could not, except for the 
     authority granted by this Act, require that the seller of 
     such goods or services collect and remit sales or use taxes 
     on such sale.
       (4) Locus of remote sale.--The term ``particular taxing 
     jurisdiction'', when used with respect to the location of a 
     remote sale, means a remote sale of goods or services 
     attributed, under the rules established pursuant to section 
     5(a)(3), to a particular taxing jurisdiction.

  SA 2156. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2155 submitted by Mr. Enzi and intended to be proposed to 
the bill (H.R. 1552) to extend the moratorium enacted by the Internet 
Tax Freedom Act through 2006, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike paragraph (1) of Sec. 6(c) and insert in lieu 
     thereof the following:
       ``(1) Adopting states to transmit.--Upon the 25th State 
     becoming a signatory to the Compact, the adopting States 
     shall transmit a copy of the Compact to Congress.''.

  SA 2157. Mr. McCAIN (for himself, Mr. Allard, Mr. Lieberman, Ms. 
Snowe, Mr. Levin, Mr. Murkowski, Mr. Cleland, Mr. Inhofe, Ms. Landrieu, 
Mr. Burns, Mr. Durbin, Mr. Sessions, and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3090, to 
provide tax incentives for economic recovery; which was ordered to lie 
on the table; as follows:

       At the appropriate place insert the following:

[[Page 22758]]



     SEC. __. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND 
                   FOREIGN SERVICE IN DETERMINING EXCLUSION OF 
                   GAIN ON SALE OF PRINCIPAL RESIDENCE.

       (a) In General.--Section 121(d) (relating to special rules) 
     is amended by adding at the end the following:
       ``(9) Members of uniformed services and foreign service.--
       ``(A) In general.--The running of the 5-year period 
     described in subsection (a) shall be suspended with respect 
     to an individual during any time that such individual or such 
     individual's spouse is serving on qualified official extended 
     duty as a member of a uniformed service or of the Foreign 
     Service.
       ``(B) Qualified official extended duty.--For purposes of 
     this paragraph--
       ``(i) In general.--The term `qualified official extended 
     duty' means any period of extended duty during which the 
     member of a uniformed service or the Foreign Service is under 
     a call or order compelling such duty at a duty station which 
     is a least 50 miles from the property described in 
     subparagraph (A) or compelling residence in Government 
     furnished quarters while on such duty.
       ``(ii) Extended duty.--The term `extended duty' means any 
     period of active duty pursuant to a call or order to such 
     duty for a period in excess of 90 days or for an indefinite 
     period.
       ``(C) Definitions.--For purposes of this paragraph--
       ``(i) Uniformed service.--The term `uniformed service' has 
     the meaning given such term by section 101(a)(5) of title 10, 
     United States Code.
       ``(ii) Foreign service of the united states.--The term 
     `member of the Foreign Service' has the meaning given the 
     term `member of the Service' by paragraph (1), (2), (3), (4), 
     or (5) of section 103 of the Foreign Service Act of 1980.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales or exchanges on or after the date of the 
     enactment of this Act.
                                  ____

  SA 2158. Mr. REID (for Mrs. Hutchison) proposed an amendment to the 
bill S. 1573, to authorize the provision of educational and health care 
assistance to the women and children of Afghanistan; as follows:

       Beginning on page 4, strike line 19 and all that follows 
     through page 5, line 16, and insert the following:
       (2) Beginning 6 months after the date of enactment of this 
     Act, and at least annually for the 2 years thereafter, the 
     Secretary of State shall submit a report to the Committee on 
     Appropriations and the Committee on Foreign Relations of the 
     Senate and the Committee on Appropriations and the Committee 
     on International Relations of the House of Representatives 
     describing the activities carried out under this Act and 
     otherwise describing the condition and status of women and 
     children in Afghanistan and the persons in refugee camps 
     while United States aid is given to displaced Afghans.
       (c) Availability of Funds.--Funds made available under the 
     2001 Emergency Supplemental Appropriations Act for Recovery 
     from and Response to Terrorist Attacks on the United States 
     (Public Law 107-38), shall be available to carry out this 
     Act.
                                  ____

  SA 2159. Mr. REID (for Mr. Fitzgerald (for himself and Mr. Durbin)) 
proposed an amendment to the concurrent resolution S. Con. Res. 44, 
expressing the sense of the Congress regarding National Pearl Harbor 
Remembrance Day; as follows:

       Strike all after the resolving clause and insert the 
     following:
       ``That the Congress, on the occasion of the 60th 
     anniversary of December 7, 1941, pays tribute to--
       ``(1) the United States citizens who died as a result of 
     the attack by Japanese imperial forces on Pearl Harbor, 
     Hawaii; and
       ``(2) the service of the American sailors and soldiers who 
     survived the attack.''.
                                  ____

  SA 2160. Mr. REID (for Mr. Bond (for himself and Mr. Kerry)) proposed 
an amendment to the bill S. 1196, to amend the Small Business 
Investment Act of 1958, and for other purposes; as follows:

       On page 2, lines 8 and 16, strike ``1.28'' each place it 
     appears and insert ``1.38''.
                                  ____

  SA 2161. Mr. DASCHLE proposed an amendment to the bill S. 1389, to 
provide for the conveyance of certain real property in South Dakota to 
the State of South Dakota with indemnification by the United States 
government, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homestake Mine Conveyance 
     Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the United States is among the leading nations in the 
     world in conducting basic scientific research;
       (2) that leadership position strengthens the economy and 
     national defense of the United States and provides other 
     important benefits;
       (3) the Homestake Mine in Lead, South Dakota, owned by the 
     Homestake Mining Company of California, is approximately 
     8,000 feet deep and is situated in a unique physical setting 
     that is ideal for carrying out certain types of particle 
     physics and other research;
       (4) the Mine has been selected by the National Underground 
     Science Laboratory Committee, an independent panel of 
     distinguished scientists, as the preferred site for the 
     construction of the National Underground Science Laboratory;
       (5) such a laboratory would be used to conduct scientific 
     research that would be funded and recognized as significant 
     by the United States;
       (6) the establishment of the laboratory is in the national 
     interest, and would substantially improve the capability of 
     the United States to conduct important scientific research;
       (7) for economic reasons, Homestake intends to cease 
     operations at the Mine in 2001;
       (8) on cessation of operations of the Mine, Homestake 
     intends to implement reclamation actions that would preclude 
     the establishment of a laboratory at the Mine;
       (9) Homestake has advised the State that, after cessation 
     of operations at the Mine, instead of closing the entire 
     Mine, Homestake is willing to donate the underground portion 
     of the Mine and certain other real and personal property of 
     substantial value at the Mine for use as the National 
     Underground Science Laboratory;
       (10) use of the Mine as the site for the laboratory, 
     instead of other locations under consideration, would result 
     in a savings of millions of dollars for the Federal 
     Government;
       (11) if the Mine is selected as the site for the 
     laboratory, it is essential that closure of the Mine not 
     preclude the location of the laboratory at the Mine;
       (12) Homestake is unwilling to donate, and the State is 
     unwilling to accept, the property at the Mine for the 
     laboratory if Homestake and the State would continue to have 
     potential liability with respect to the transferred property; 
     and
       (13) to secure the use of the Mine as the location for the 
     laboratory, and to realize the benefits of the proposed 
     laboratory, it is necessary for the United States to--
       (A) assume a portion of any potential future liability of 
     Homestake concerning the Mine; and
       (B) address potential liability associated with the 
     operation of the laboratory.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Affiliate.--
       (A) In general.--The term ``affiliate'' means any 
     corporation or other person that controls, is controlled by, 
     or is under common control with Homestake.
       (B) Inclusions.--The term ``affiliate'' includes a 
     director, officer, or employee of an affiliate.
       (3) Conveyance.--The term ``conveyance'' means the 
     conveyance of the Mine to the State under section 4(a).
       (4) Fund.--The term ``Fund'' means the Environment and 
     Project Trust Fund established under section 8.
       (5) Homestake.--
       (A) In general.--The term ``Homestake'' means the Homestake 
     Mining Company of California, a California corporation.
       (B) Inclusion.--The term ``Homestake'' includes--
       (i) a director, officer, or employee of Homestake;
       (ii) an affiliate of Homestake; and
       (iii) any successor of Homestake or successor to the 
     interest of Homestake in the Mine.
       (6) Independent entity.--The term ``independent entity'' 
     means an independent entity selected jointly by Homestake, 
     the South Dakota Department of Environment and Natural 
     Resources, and the Administrator--
       (A) to conduct a due diligence inspection under section 
     4(b)(2)(A); and
       (B) to determine the fair value of the Mine under section 
     5(a).
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Laboratory.--
       (A) In general.--The term ``laboratory'' means the national 
     underground science laboratory proposed to be established at 
     the Mine after the conveyance.
       (B) Inclusion.--The term ``laboratory'' includes operating 
     and support facilities of the laboratory.
       (9) Mine.--
       (A) In general.--The term ``Mine'' means the portion of the 
     Homestake Mine in Lawrence County, South Dakota, proposed to 
     be conveyed to the State for the establishment and operation 
     of the laboratory.
       (B) Inclusions.--The term ``Mine'' includes--
       (i) real property, mineral and oil and gas rights, shafts, 
     tunnels, structures, backfill,

[[Page 22759]]

     broken rock, fixtures, facilities, and personal property to 
     be conveyed for establishment and operation of the 
     laboratory, as agreed upon by Homestake and the State; and
       (ii) any water that flows into the Mine from any source.
       (C) Exclusions.--The term ``Mine'' does not include--
       (i) the feature known as the ``Open Cut'';
       (ii) any tailings or tailings storage facility (other than 
     backfill in the portion of the Mine described in subparagraph 
     (A)); or
       (iii) any waste rock or any site used for the dumping of 
     waste rock (other than broken rock in the portion of the Mine 
     described in subparagraph (A)).
       (10) Person.--The term ``person'' means--
       (A) an individual;
       (B) a trust, firm, joint stock company, corporation 
     (including a government corporation), partnership, 
     association, limited liability company, or any other type of 
     business entity;
       (C) a State or political subdivision of a State;
       (D) a foreign governmental entity;
       (E) an Indian tribe; and
       (F) any department, agency, or instrumentality of the 
     United States.
       (11) Project sponsor.--The term ``project sponsor'' means 
     an entity that manages or pays the costs of 1 or more 
     projects that are carried out or proposed to be carried out 
     at the laboratory.
       (12) Scientific advisory board.--The term ``Scientific 
     Advisory Board'' means the entity designated in the 
     management plan of the laboratory to provide scientific 
     oversight for the operation of the laboratory.
       (13) State.--
       (A) In general.--The term ``State'' means the State of 
     South Dakota.
       (B) Inclusions.--The term ``State'' includes an 
     institution, agency, officer, or employee of the State.

     SEC. 4. CONVEYANCE OF REAL PROPERTY.

       (a) In General.--
       (1) Delivery of documents.--Subject to paragraph (2) and 
     subsection (b) and notwithstanding any other provision of 
     law, on the execution and delivery by Homestake of 1 or more 
     quit-claim deeds or bills of sale conveying to the State all 
     right, title, and interest of Homestake in and to the Mine, 
     title to the Mine shall pass from Homestake to the State.
       (2) Condition of mine on conveyance.--The Mine shall be 
     conveyed as is, with no representations as to the condition 
     of the property.
       (b) Requirements for Conveyance.--
       (1) In general.--As a condition precedent of conveyance and 
     of the assumption of liability by the United States in 
     accordance with this Act, the Administrator shall accept the 
     final report of the independent entity under paragraph (3).
       (2) Due diligence inspection.--
       (A) In general.--As a condition precedent of conveyance and 
     of Federal participation described in this Act, Homestake 
     shall permit an independent entity to conduct a due diligence 
     inspection of the Mine to determine whether any condition of 
     the Mine may pose an imminent and substantial threat to human 
     health or the environment.
       (B) Consultation.--As a condition precedent of the conduct 
     of a due diligence inspection, Homestake, the South Dakota 
     Department of Environment and Natural Resources, the 
     Administrator, and the independent entity shall consult and 
     agree upon the methodology and standards to be used, and 
     other factors to be considered, by the independent entity 
     in--
       (i) the conduct of the due diligence inspection;
       (ii) the scope of the due diligence inspection; and
       (iii) the time and duration of the due diligence 
     inspection.
       (3) Report to the administrator.--
       (A) In general.--The independent entity shall submit to the 
     Administrator a report that--
       (i) describes the results of the due diligence inspection 
     under paragraph (2); and
       (ii) identifies any condition of or in the Mine that may 
     pose an imminent and substantial threat to human health or 
     the environment.
       (B) Procedure.--
       (i) Draft report.--Before finalizing the report under this 
     paragraph, the independent entity shall--

       (I) issue a draft report;
       (II) submit to the Administrator, Homestake, and the State 
     a copy of the draft report;
       (III) issue a public notice requesting comments on the 
     draft report that requires all such comments to be filed not 
     later than 45 days after issuance of the public notice; and
       (IV) during that 45-day public comment period, conduct at 
     least 1 public hearing in Lead, South Dakota, to receive 
     comments on the draft report.

       (ii) Final report.--In the final report submitted to the 
     Administrator under this paragraph, the independent entity 
     shall respond to, and incorporate necessary changes suggested 
     by, the comments received on the draft report.
       (4) Review and approval by administrator.--
       (A) In general.--Not later than 60 days after receiving the 
     final report under paragraph (3), the Administrator shall--
       (i) review the report; and
       (ii) notify the State in writing of acceptance or rejection 
     of the final report.
       (B) Conditions for rejection.--The Administrator may reject 
     the final report only if the Administrator identifies 1 or 
     more conditions of the Mine that--
       (i) may pose an imminent and substantial threat to human 
     health or the environment, as determined by the 
     Administrator; and
       (ii) require response action to correct each condition that 
     may pose an imminent and substantial threat to human health 
     or the environment identified under clause (i) before 
     conveyance and assumption by the Federal Government of 
     liability concerning the Mine under this Act.
       (C) Response actions and certification.--
       (i) Response actions.--

       (I) In general.--If the Administrator rejects the final 
     report, Homestake may carry out or bear the cost of, or 
     permit the State or another person to carry out or bear the 
     cost of, such response actions as are necessary to correct 
     any condition identified by the Administrator under 
     subparagraph (B)(i) that may pose an imminent and substantial 
     threat to human health or the environment.
       (II) Long-term response actions.--

       (aa) In general.--In a case in which the Administrator 
     determines that a condition identified by the Administrator 
     under subparagraph (B)(i) requires continuing response 
     action, or response action that can be completed only as part 
     of the final closure of the laboratory, it shall be a 
     condition of conveyance that Homestake, the State, or another 
     person deposit into the Fund such amount as is estimated by 
     the independent entity, on a net present value basis and 
     after taking into account estimated interest on that basis, 
     to be sufficient to pay the costs of the long-term response 
     action or the response action that will be completed as part 
     of the final closure of the laboratory.
       (bb) Limitation on use of funds.--None of the funds 
     deposited into the Fund under item (aa) shall be expended for 
     any purpose other than to pay the costs of the long-term 
     response action, or the response action that will be 
     completed as part of the final closure of the Mine, 
     identified under that item.
       (ii) Contribution by homestake.--The total amount that 
     Homestake may expend, pay, or deposit into the Fund under 
     subclauses (I) and (II) of clause (i) shall not exceed--

       (I) $75,000,000; less
       (II) the fair value of the Mine as determined under section 
     5(a).

       (iii) Certification.--

       (I) In general.--After any response actions described in 
     clause (i)(I) are carried out and any required funds are 
     deposited under clause (i)(II), the independent entity may 
     certify to the Administrator that the conditions for 
     rejection identified by the Administrator under subparagraph 
     (B) have been corrected.
       (II) Acceptance or rejection of certification.--Not later 
     than 60 days after an independent entity makes a 
     certification under subclause (I), the Administrator shall 
     accept or reject the certification.

       (c) Review of Conveyance.--For the purposes of the 
     conveyance, the requirements of this section shall be 
     considered to be sufficient to meet any requirement of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).

     SEC. 5. ASSESSMENT OF PROPERTY.

       (a) Valuation of Property.--The independent entity shall 
     assess the fair value of the Mine.
       (b) Fair Value.--For the purposes of this section, the fair 
     value of the Mine shall include the estimated cost, as 
     determined by the independent entity under subsection (a), of 
     replacing the shafts, winzes, hoists, tunnels, ventilation 
     system, and other equipment and improvements at the Mine that 
     are expected to be used at, or that will be useful to, the 
     laboratory.
       (c) Report.--Not later than the date on which each report 
     developed in accordance with section 4(b)(3) is submitted to 
     the Administrator, the independent entity described in 
     subsection (a) shall submit to the State a report that 
     identifies the fair value assessed under subsection (a).

     SEC. 6. LIABILITY.

       (a) Assumption of Liability.--
       (1) In general.--Subject to paragraph (2), notwithstanding 
     any other provision of law, on completion of the conveyance 
     in accordance with this Act, the United States shall assume 
     any and all liability relating to the Mine and laboratory, 
     including liability for--
       (A) damages;
       (B) reclamation;
       (C) the costs of response to any hazardous substance (as 
     defined in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601)), contaminant, or other material on, under, or relating 
     to the Mine and laboratory; and
       (D) closure of the Mine and laboratory.
       (2) Claims against united states.--In the case of any claim 
     brought against the United States, the United States shall be 
     liable for response costs under paragraph (1)(C) only to the 
     extent that an award of response costs is made in a civil 
     action brought under--

[[Page 22760]]

       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (C) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
       (D) any other applicable Federal environmental law, as 
     determined by the Administrator.
       (b) Liability Protection.--On completion of the conveyance, 
     neither Homestake nor the State shall be liable to any person 
     or the United States for injuries, costs, injunctive relief, 
     reclamation, damages (including damages to natural resources 
     or the environment), or expenses, or liable under any other 
     claim (including claims for indemnification or contribution, 
     claims by third parties for death, personal injury, illness, 
     or loss of or damage to property, or claims for economic 
     loss), under any law (including a regulation) for any claim 
     arising out of or in connection with contamination, 
     pollution, or other condition, use, or closure of the Mine 
     and laboratory, regardless of when a condition giving rise to 
     the liability originated or was discovered.
       (c) Indemnification.--Notwithstanding any other provision 
     of law, on completion of the conveyance in accordance with 
     this Act, the United States shall indemnify, defend, and hold 
     harmless Homestake and the State from and against--
       (1) any and all liabilities and claims described in 
     subsection (a), without regard to any limitation under 
     subsection (a)(2); and
       (2) any and all liabilities and claims described in 
     subsection (b).
       (d) Waiver of Sovereign Immunity.--For the purposes of this 
     Act, the United States waives any claim to sovereign 
     immunity.
       (e) Timing for Assumption of Liability.--If the conveyance 
     is effectuated by more than 1 legal transaction, the 
     assumption of liability, liability protection, 
     indemnification, and waiver of sovereign immunity provided 
     for under this section shall apply to each legal transaction, 
     as of the date on which the transaction is completed and with 
     respect to such portion of the Mine as is conveyed under that 
     transaction.
       (f) Exceptions for Homestake Claims.--Nothing in this 
     section constitutes an assumption of liability by the United 
     States, or relief of liability of Homestake, for--
       (1) any unemployment, worker's compensation, or other 
     employment-related claim or cause of action of an employee of 
     Homestake that arose before the date of conveyance;
       (2) any claim or cause of action that arose before the date 
     of conveyance, other than an environmental claim or a claim 
     concerning natural resources;
       (3) any violation of any provision of criminal law; or
       (4) any claim, injury, damage, liability, or reclamation or 
     cleanup obligation with respect to any property or asset that 
     is not conveyed under this Act, except to the extent that any 
     such claim, injury, damage, liability, or reclamation or 
     cleanup obligation arises out of the continued existence or 
     use of the Mine subsequent to the date of conveyance.

     SEC. 7. INSURANCE COVERAGE.

       (a) Property and Liability Insurance.--
       (1) In general.--To the extent property and liability 
     insurance is available and subject to the requirements 
     described in paragraph (2), the State shall purchase property 
     and liability insurance for the Mine and the operation of the 
     laboratory to provide coverage against the liability 
     described in subsections (a) and (b) of section 6.
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are the following:
       (A) Terms of insurance.--In determining the type, extent of 
     coverage, and policy limits of insurance purchased under this 
     subsection, the State shall--
       (i) periodically consult with the Administrator and the 
     Scientific Advisory Board; and
       (ii) consider certain factors, including--

       (I) the nature of the projects and experiments being 
     conducted in the laboratory;
       (II) the availability and cost of commercial insurance; and
       (III) the amount of funding available to purchase 
     commercial insurance.

       (B) Additional terms.--The insurance purchased by the State 
     under this subsection may provide coverage that is--
       (i) secondary to the insurance purchased by project 
     sponsors; and
       (ii) in excess of amounts available in the Fund to pay any 
     claim.
       (3) Financing of insurance purchase.--
       (A) In general.--Subject to section 8, the State may 
     finance the purchase of insurance required under this 
     subsection by using--
       (i) funds made available from the Fund; and
       (ii) such other funds as are received by the State for the 
     purchase of insurance for the Mine and laboratory.
       (B) No requirement to use state funds.--Nothing in this Act 
     requires the State to use State funds to purchase insurance 
     required under this subsection.
       (4) Additional insured.--Any insurance purchased by the 
     State under this subsection shall--
       (A) name the United States as an additional insured; or
       (B) otherwise provide that the United States is a 
     beneficiary of the insurance policy having the primary right 
     to enforce all rights of the United States under the policy.
       (5) Termination of obligation to purchase insurance.--The 
     obligation of the State to purchase insurance under this 
     subsection shall terminate on the date on which--
       (A) the Mine ceases to be used as a laboratory; or
       (B) sufficient funding ceases to be available for the 
     operation and maintenance of the Mine or laboratory.
       (b) Project Insurance.--
       (1) In general.--The State, in consultation with the 
     Administrator and the Scientific Advisory Board, may require, 
     as a condition of approval of a project for the laboratory, 
     that a project sponsor provide property and liability 
     insurance or other applicable coverage for potential 
     liability associated with the project described in 
     subsections (a) and (b) of section 6.
       (2) Additional insured.--Any insurance obtained by the 
     project sponsor under this section shall--
       (A) name the State and the United States as additional 
     insureds; or
       (B) otherwise provide that the State and the United States 
     are beneficiaries of the insurance policy having the primary 
     right to enforce all rights under the policy.
       (c) State Insurance.--
       (1) In general.--To the extent required by State law, the 
     State shall purchase, with respect to the operation of the 
     Mine and the laboratory--
       (A) unemployment compensation insurance; and
       (B) worker's compensation insurance.
       (2) Prohibition on use of funds from fund.--A State shall 
     not use funds from the Fund to carry out paragraph (1).

     SEC. 8. ENVIRONMENT AND PROJECT TRUST FUND.

       (a) Establishment.--On completion of the conveyance, the 
     State shall establish, in an interest-bearing account at an 
     accredited financial institution located within the State, 
     the Environment and Project Trust Fund.
       (b) Amounts.--The Fund shall consist of--
       (1) an annual deposit from the operation and maintenance 
     funding provided for the laboratory in an amount to be 
     determined--
       (A) by the State, in consultation with the Administrator 
     and the Scientific Advisory Board; and
       (B) after taking into consideration--
       (i) the nature of the projects and experiments being 
     conducted at the laboratory;
       (ii) available amounts in the Fund;
       (iii) any pending costs or claims that may be required to 
     be paid out of the Fund; and
       (iv) the amount of funding required for future actions 
     associated with the closure of the facility;
       (2) an amount determined by the State, in consultation with 
     the Administrator and the Scientific Advisory Board, and to 
     be paid by the appropriate project sponsor, for each project 
     to be conducted, which amount--
       (A) shall be used to pay--
       (i) costs incurred in removing from the Mine or laboratory 
     equipment or other materials related to the project;
       (ii) claims arising out of or in connection with the 
     project; and
       (iii) if any portion of the amount remains after paying the 
     expenses described in clauses (i) and (ii), other costs 
     described in subsection (c); and
       (B) may, at the discretion of the State, be assessed--
       (i) annually; or
       (ii) in a lump sum as a prerequisite to the approval of the 
     project;
       (3) interest earned on amounts in the Fund, which amount of 
     interest shall be used only for a purpose described in 
     subsection (c); and
       (4) all other funds received and designated by the State 
     for deposit in the Fund.
       (c) Expenditures From Fund.--Amounts in the Fund shall be 
     used only for the purposes of funding--
       (1) waste and hazardous substance removal or remediation, 
     or other environmental cleanup at the Mine;
       (2) removal of equipment and material no longer used, or 
     necessary for use, in conjunction with a project conducted at 
     the laboratory;
       (3) a claim arising out of or in connection with the 
     conducting of such a project;
       (4) purchases of insurance by the State as required under 
     section 7;
       (5) payments for and other costs relating to liability 
     described in section 6; and
       (6) closure of the Mine and laboratory.
       (d) Federal Payments From Fund.--The United States--
       (1) to the extent the United States assumes liability under 
     section 6--
       (A) shall be a beneficiary of the Fund; and
       (B) may direct that amounts in the Fund be applied to pay 
     amounts and costs described in this section; and
       (2) may take action to enforce the right of the United 
     States to receive 1 or more payments from the Fund.
       (e) No Requirement of Deposit of Public Funds.--Nothing in 
     this section requires the State to deposit State funds as a 
     condition of the assumption by the United States of 
     liability, or the relief of the State or Homestake from 
     liability, under section 6.

[[Page 22761]]



     SEC. 9. WASTE ROCK MIXING.

       After completion of the conveyance, the State shall obtain 
     the approval of the Administrator before disposing of any 
     material quantity of laboratory waste rock if--
       (1) the disposal site is on land not conveyed under this 
     Act; and
       (2) the State determines that the disposal could result in 
     commingling of laboratory waste rock with waste rock disposed 
     of by Homestake before the date of conveyance.

     SEC. 10. REQUIREMENTS FOR OPERATION OF LABORATORY.

       After the conveyance, nothing in this Act exempts the 
     laboratory from compliance with any law (including a Federal 
     environmental law).

     SEC. 11. CONTINGENCY.

       This Act shall be effective contingent on the selection, by 
     the National Science Foundation, of the Mine as the site for 
     the laboratory.

     SEC. 12. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

       If the conveyance under this Act does not occur, any 
     obligation of Homestake relating to the Mine shall be limited 
     to such reclamation or remediation as is required under any 
     applicable law other than this Act.

     SEC. 13. PAYMENT AND REIMBURSEMENT OF COSTS.

       The United States may seek payment--
       (1) from the Fund, under section 8(d), to pay or reimburse 
     the United States for amounts payable or liabilities incurred 
     under this Act; and
       (2) from available insurance, to pay or reimburse the 
     United States and the Fund for amounts payable or liabilities 
     incurred under this Act.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     SEC. 15. TANF BONUSES TO REWARD DECREASE IN ILLEGITIMACY 
                   RATIO.

       (a) Rescission.--Effective on the date of enactment of this 
     Act, $100,000,000 of the amount appropriated under 
     subparagraph (D) of section 403(a)(2) of the Social Security 
     Act (42 U.S.C. 603(a)(2)) is rescinded.
       (b) Budget Scoring.--Notwithstanding section 257(b)(2) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 907(b)(2)), the Director of the Congressional 
     Budget Office and the Director of the Office of Management 
     and Budget shall project the baseline assumption with respect 
     to the amount of bonus grants that shall be made under 
     section 403(a)(2) of the Social Security Act (42 U.S.C. 
     603(a)(2)) for fiscal year 2003 and each fiscal year 
     thereafter without regard to the amount rescinded under 
     subsection (a).
                                  ____

  SA 2162. Mr. REID (for Mr. Hatch) proposed an amendment to the bill 
S. 320, to make technical corrections in patent, copyright, and 
trademark laws; as follows:

       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intellectual Property and 
     High Technology Technical Amendments Act of 2001''.

     SEC. 2. OFFICERS AND EMPLOYEES.

       (a) Renaming of Officers.--(1)(A) Except as provided in 
     subparagraph (B), title 35, United States Code, other than 
     section 210(d), is amended--
       (i) by striking ``Director'' each place it appears and 
     inserting ``Commissioner''; and
       (ii) by striking ``Director's'' each place it appears and 
     inserting ``Commissioner's''.
       (B) Section 3(b)(5) of title 35, United States Code, is 
     amended by striking ``Director'' the first place it appears 
     and inserting ``Commissioner''.
       (C) Section 3(a) of title 35, United States Code, is 
     amended in the subsection heading, by striking ``Director'' 
     and inserting ``Commissioner''.
       (D) Section 3(b)(1) of title 35, United States Code, is 
     amended in the paragraph heading, by striking ``director'' 
     and inserting ``commissioner''.
       (2) The Act of July 5, 1946 (commonly referred to as the 
     ``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.) is amended 
     by striking ``Director'' each place it appears and inserting 
     ``Commissioner''.
       (3)(A) Title 35, United States Code, other than subsection 
     (f) of section 3, is amended by striking ``Commissioner for 
     Patents'' each place it appears and inserting ``Assistant 
     Commissioner for Patents''.
       (B) Title 35, United States Code, other than subsection (f) 
     of section 3, is amended by striking ``Commissioner for 
     Trademarks'' each place it appears and inserting ``Assistant 
     Commissioner for Trademarks''.
       (C) Section 3(b)(2) of title 35, United States Code, is 
     amended--
       (i) in the paragraph heading, by striking ``Commissioners'' 
     and inserting ``Assistant commissioners'';
       (ii) in subparagraph (A), in the last sentence--
       (I) by striking ``a Commissioner'' and inserting ``an 
     Assistant Commissioner''; and
       (II) by striking ``the Commissioner'' and inserting ``the 
     Assistant Commissioner'';
       (iii) in subparagraph (B)--
       (I) by striking ``Commissioners'' each place it appears and 
     inserting ``Assistant Commissioners'';
       (II) by striking ``Commissioners' '' each place it appears 
     and inserting ``Assistant Commissioners' ''; and
       (iv) in subparagraph (C), by striking ``Commissioners'' and 
     inserting ``Assistant Commissioners''.
       (D) Section 3(b) of title 35, United States Code, is 
     amended--
       (i) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (ii) by inserting after paragraph (2) the following:
       ``(3) Special counsel for intellectual property policy and 
     deputy commissioner for legislative and international affairs 
     of the united states patent and trademark office.--
       ``(A) Appointment and duties.--The Special Counsel for 
     Intellectual Property Policy shall be a citizen of the United 
     States and shall be appointed by the President, after 
     consultation with the Secretary of Commerce. The Deputy 
     Commissioner for Legislative and International Affairs shall 
     be a citizen of the United States and shall be appointed by 
     the President, after consultation with the Secretary of 
     Commerce. The Special Counsel shall serve as the chief 
     intellectual property policy advisor to the Under Secretary 
     of Commerce for Intellectual Property and Commissioner for 
     Patents and Trademarks. The Deputy Commissioner for 
     Legislative and International Affairs shall serve as the 
     chief advisor on all congressional and international matters 
     relating to intellectual property and administration of the 
     Office.
       ``(B) Oath.--The Special Counsel and the Deputy 
     Commissioner for Legislative and International Affairs shall, 
     before taking office, take an oath to discharge faithfully 
     responsible duties.
       ``(C) Removal.--The Special Counsel and the Deputy 
     Commissioner for Legislative and International Affairs may be 
     removed from office by the President. The President shall 
     provide notification of any such removal to both Houses of 
     Congress.
       ``(D) Compensation.--The Special Counsel and the Deputy 
     Commissioner for Legislative and International Affairs of the 
     United States Patent and Trademark Office shall be paid an 
     annual rate of basic pay--
       ``(i) not less than the minimum rate of basic pay for a 
     position at ES-4 of the Senior Executive Service established 
     under section 5382 of title 5; and
       ``(ii) not to exceed the maximum rate of basic pay for the 
     Senior Executive Service established under section 5382 of 
     title 5, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of title 5.''.
       (E) Section 3(f) of title 35, United States Code, is 
     amended in subparagraphs (A) and (B) of paragraph (2)--
       (i) by striking ``the Commissioner'' each place it appears 
     and inserting ``the Assistant Commissioner''; and
       (ii) by striking ``a Commissioner'' each place it appears 
     and inserting ``an Assistant Commissioner''.
       (F) Section 13 of title 35, United States Code, is 
     amended--
       (i) by striking ``Commissioner of'' each place it appears 
     and inserting ``Assistant Commissioner for''; and
       (ii) by striking ``Commissioners'' and inserting 
     ``Assistant Commissioners''.
       (G) Chapter 17 of title 35, United States Code, is amended 
     by striking ``Commissioner of Patents'' each place it appears 
     and inserting ``Assistant Commissioner for Patents''.
       (H) Section 297 of title 35, United States Code, is amended 
     by striking ``Commissioner of Patents'' each place it appears 
     and inserting ``Commissioner''.
       (4) Section 5314 of title 5, United States Code, is amended 
     by striking
       ``Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office.''

     and inserting
       ``Under Secretary of Commerce for Intellectual Property and 
     Commissioner of the United States Patent and Trademark 
     Office.''.
       (5) Section 5315 of title 5, United States Code, is amended 
     by striking the following:
       ``Deputy Under Secretary of Commerce for Intellectual 
     Property and Deputy Director of the United States Patent and 
     Trademark Office.''.
       (6)(A) Sections 303 and 304 of title 35, United States 
     Code, are each amended in the section headings by striking 
     ``Director'' and inserting ``Commissioner''.
       (B) The items relating to sections 303 and 304 in the table 
     of sections for chapter 30 of title 35, United States Code, 
     are each amended by striking ``Director'' and inserting 
     ``Commissioner''.
       (7)(A) Sections 312 and 313 of title 35, United States 
     Code, are each amended in the section headings by striking 
     ``Director'' and inserting ``Commissioner''.
       (B) The items relating to sections 312 and 313 in the table 
     of sections for chapter 31 of title 35, United States Code, 
     are each amended by striking ``Director'' and inserting 
     ``Commissioner''.
       (8) Section 17(b) of the Trademark Act of 1946 (15 U.S.C. 
     1067) is amended by striking ``Commissioner for Patents, the 
     Commissioner for Trademarks'' and inserting ``Assistant 
     Commissioner for Patents, the Assistant Commissioner for 
     Trademarks''.

[[Page 22762]]

       (b) Additional Clerical Amendments.--
       (1) The following provisions of law are amended by striking 
     ``Director'' each place it appears and inserting 
     ``Commissioner''.
       (A) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C. 
     638(p)(1)(B).
       (B) Section 19 of the Tennessee Valley Authority Act of 
     1933 (16 U.S.C. 831r).
       (C) Section 182(b)(2)(A) of the Trade Act of 1974 (19 
     U.S.C. 2242(b)(2)(A)).
       (D) Section 302(b)(2)(D) of the Trade Act of 1974 (19 
     U.S.C. 2412(b)(2)(D)).
       (E) Section 702(d) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 372(d)).
       (F) Section 1295(a)(4)(B) of title 28, United States Code.
       (G) Section 1744 of title 28, United States Code.
       (H) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2181).
       (I) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2182).
       (J) Section 305 of the National Aeronautics and Space Act 
     of 1958 (42 U.S.C. 2457).
       (K) Section 12(a) of the Solar Heating and Cooling 
     Demonstration Act of 1974 (42 U.S.C. 5510(a)), the last place 
     such term appears.
       (L) Section 10(i) of the Trading with the enemy Act (50 
     U.S.C. App. 10(i)).
       (M) Sections 4203, 4506, 4606, and 4804(d)(2) of the 
     Intellectual Property and Communications Omnibus Reform Act 
     of 1999, as enacted by section 1000(a)(9) of Public Law 106-
     113.
       (2) The item relating to section 1744 in the table of 
     sections for chapter 115 of title 28, United States Code, is 
     amended by striking ``generally'' and inserting ``, 
     generally''.
       (c) Presidential Appointment and Compensation for Deputy 
     Director.--Section 3(b)(1) of title 35, United States Code, 
     is amended by--
       (1) striking ``The Secretary of Commerce, upon nomination 
     by the Director,'' and inserting the following:
       ``(A) In general.--The President, after consultation with 
     the Secretary of Commerce,''; and
       (2) inserting at the end the following:
       ``(B) Compensation.--The Deputy Commissioner shall be paid 
     an annual rate of basic pay--
       ``(i) not less than the minimum rate of basic pay for a 
     position at ES-4 of the Senior Executive Service established 
     under section 5382 of title 5; and
       ``(ii) not to exceed the maximum rate of basic pay for the 
     Senior Executive Service established under section 5382 of 
     title 5, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of title 5.''.
       (d) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Patent and 
     Trademark Office--
       (1) to the Director of the United States Patent and 
     Trademark Office or to the Commissioner of Patents and 
     Trademarks is deemed to refer to the Under Secretary of 
     Commerce for Intellectual Property and Commissioner of the 
     United States Patent and Trademark Office;
       (2) to the Commissioner for Patents is deemed to refer to 
     the Assistant Commissioner for Patents; and
       (3) to the Commissioner for Trademarks is deemed to refer 
     to the Assistant Commissioner for Trademarks.

     SEC. 3. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 1999; 
                   TECHNICAL AMENDMENTS.

       (a) Optional Inter Partes Reexamination Procedures.--Title 
     35, United States Code, is amended as follows:
       (1) Section 311 is amended--
       (A) in subsection (a), by striking ``person'' and inserting 
     ``third-party requester''; and
       (B) in subsection (c), by striking ``Unless the requesting 
     person is the owner of the patent, the'' and inserting 
     ``The''.
       (2) Section 312 is amended--
       (A) in subsection (a), by striking the last sentence; and
       (B) in subsection (b), by striking ``, if any''.
       (3) Section 314(b)(1) is amended--
       (A) by striking ``(1) This'' and all that follows through 
     ``(2)'' and inserting ``(1)'';
       (B) by striking ``the third-party requester shall receive a 
     copy'' and inserting ``the Office shall send to the third-
     party requester a copy''; and
       (C) by redesignating paragraph (3) as paragraph (2).
       (4) Section 315(c) is amended by striking ``United States 
     Code,''.
       (5) Section 317 is amended--
       (A) in subsection (a), by striking ``patent owner nor the 
     third-party requester, if any, nor privies of either'' and 
     inserting ``third-party requester nor its privies''; and
       (B) in subsection (b), by striking ``United States Code,''.
       (b) Conforming Amendments.--
       (1) Appeal to the board of patent appeals and 
     interferences.--Subsections (a), (b), and (c) of section 134 
     of title 35, United States Code, are each amended by striking 
     ``administrative patent judge'' each place it appears and 
     inserting ``primary examiner''.
       (2) Proceeding on appeal.--Section 143 of title 35, United 
     States Code, is amended by amending the third sentence to 
     read as follows: ``In an ex parte case or any reexamination 
     case, the Commissioner shall submit to the court in writing 
     the grounds for the decision of the Patent and Trademark 
     Office, addressing all the issues involved in the appeal. The 
     court shall, before hearing an appeal, give notice of the 
     time and place of the hearing to the Commissioner and the 
     parties in the appeal.''.
       (c) Clerical Amendments.--
       (1) Section 4604(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113, is amended by 
     striking ``Part 3'' and inserting ``Part III''.
       (2) Section 4604(b) of that Act is amended by striking 
     ``title 25'' and inserting ``title 35''.
       (d) Effective Date.--The amendments made by section 4605 
     (b), (c), and (e) of the Intellectual Property and 
     Communications Omnibus Reform Act, as enacted by section 
     1000(a)(9) of Public Law 106-113, shall apply to any 
     reexamination filed in the United States Patent and Trademark 
     Office on or after the date of the enactment of Public Law 
     106-113.

     SEC. 4. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.

       (a) Deputy Commissioner.--
       (1) Section 17(b) of the Act of July 5, 1946 (commonly 
     referred to as the ``Trademark Act of 1946'') (15 U.S.C. 
     1067(b)), is amended by inserting ``the Deputy 
     Commissioner,'' after ``Commissioner,''.
       (2) Section 6(a) of title 35, United States Code, is 
     amended by inserting ``the Deputy Commissioner,'' after 
     ``Commissioner,''.
       (b) Public Advisory Committees.--Section 5 of title 35, 
     United States Code, is amended--
       (1) in subsection (i), by inserting ``, privileged,'' after 
     ``personnel''; and
       (2) by adding at the end the following new subsection:
       ``(j) Inapplicability of Patent Prohibition.--Section 4 
     shall not apply to voting members of the Advisory 
     Committees.''.
       (c) Miscellaneous.--Section 153 of title 35, United States 
     Code, is amended by striking ``and attested by an officer of 
     the Patent and Trademark Office designated by the 
     Commissioner,''.

     SEC. 5. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT 
                   APPLICATIONS ACT OF 1999 AMENDMENTS.

       Section 154(d)(4)(A) of title 35, United States Code, as in 
     effect on November 29, 2000, is amended--
       (1) by striking ``on which the Patent and Trademark Office 
     receives a copy of the'' and inserting ``of''; and
       (2) by striking ``international application'' the last 
     place it appears and inserting ``publication''.

     SEC. 6. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUBLISHED 
                   ABROAD.

       Subtitle E of title IV of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113, is amended as 
     follows:
       (1) Section 4505 is amended to read as follows:

     ``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

       ``Section 102(e) of title 35, United States Code, is 
     amended to read as follows:
       `` `(e) the invention was described in (1) an application 
     for patent, published under section 122(b), by another filed 
     in the United States before the invention by the applicant 
     for patent or (2) a patent granted on an application for 
     patent by another filed in the United States before the 
     invention by the applicant for patent, except that an 
     international application filed under the treaty defined in 
     section 351(a) shall have the effects for the purposes of 
     this subsection of an application filed in the United States 
     only if the international application designated the United 
     States and was published under Article 21(2) of such treaty 
     in the English language; or'. ''.
       (2) Section 4507 is amended--
       (A) in paragraph (1), by striking ``Section 11'' and 
     inserting ``Section 10'';
       (B) in paragraph (2), by striking ``Section 12'' and 
     inserting ``Section 11''.
       (C) in paragraph (3), by striking ``Section 13'' and 
     inserting ``Section 12'';
       (D) in paragraph (4), by striking ``12 and 13'' and 
     inserting ``11 and 12'';
       (E) in section 374 of title 35, United States Code, as 
     amended by paragraph (10), by striking ``confer the same 
     rights and shall have the same effect under this title as an 
     application for patent published'' and inserting ``be deemed 
     a publication''; and
       (F) by adding at the end the following:
       ``(12) The item relating to section 374 in the table of 
     contents for chapter 37 of title 35, United States Code, is 
     amended to read as follows:

`` `374. Publication of international application.' ''.

       (3) Section 4508 is amended to read as follows:

     ``SEC. 4508. EFFECTIVE DATE.

       ``Except as otherwise provided in this section, sections 
     4502 through 4504 and 4506 through 4507, and the amendments 
     made by such sections, shall be effective as of November 29, 
     2000, and shall apply only to applications (including 
     international applications designating the United States) 
     filed on or after that date. The amendments made by section 
     4504 shall additionally apply to any pending application 
     filed before November 29, 2000, if such pending application 
     is published pursuant to a request of the applicant under 
     such procedures as may be established by the Commissioner. 
     Except as otherwise provided in this section, the amendments 
     made by section 4505 shall be effective as of November 29, 
     2000 and shall apply to all patents and all applications for 
     patents pending on or filed after November 29, 2000. Patents 
     resulting from an international application filed before

[[Page 22763]]

     November 29, 2000 and applications published pursuant to 
     section 122(b) or Article 21(2) of the treaty defined in 
     section 351(a) resulting from an international application 
     filed before November 29, 2000 shall not be effective as 
     prior art as of the filing date of the international 
     application; however, such patents shall be effective as 
     prior art in accordance with section 102(e) in effect on 
     November 28, 2000.''.

     SEC. 7. MISCELLANEOUS CLERICAL AMENDMENTS.

       (a) Amendments to Title 35.--The following provisions of 
     title 35, United States Code, are amended:
       (1) Section 2(b) is amended in paragraphs (2)(B) and 
     (4)(B), by striking ``, United States Code''.
       (2) Section 3 is amended--
       (A) in subsection (a)(2)(B), by striking ``United States 
     Code,'';
       (B) in subsection (b)(2)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``, United States Code'';
       (ii) in the first sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code'';

       (iii) in the second sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code.'' and inserting a 
     period;

       (iv) in the last sentence of subparagraph (B), by striking 
     ``, United States Code''; and
       (v) in subparagraph (C), by striking ``, United States 
     Code''; and
       (C) in subsection (c)--
       (i) in the subsection caption, by striking ``, United 
     States Code''; and
       (ii) by striking ``United States Code,''.
       (3) Section 5 is amended in subsections (e) and (g), by 
     striking ``, United States Code'' each place it appears.
       (4) The table of chapters for part I is amended in the item 
     relating to chapter 3, by striking ``before'' and inserting 
     ``Before''.
       (5) The item relating to section 21 in the table of 
     contents for chapter 2 is amended to read as follows:

``21. Filing date and day for taking action.''.

       (6) The item relating to chapter 12 in the table of 
     chapters for part II is amended to read as follows:

``12. Examination of Application.................................131''.

       (7) The item relating to section 116 in the table of 
     contents for chapter 11 is amended to read as follows:

``116. Inventors.''.

       (8) Section 154(b)(4) is amended by striking ``, United 
     States Code,''.
       (9) Section 156 is amended--
       (A) in subsection (b)(3)(B), by striking ``paragraphs'' and 
     inserting ``paragraph'';
       (B) in subsection (d)(2)(B)(i), by striking ``below the 
     office'' and inserting ``below the Office''; and
       (C) in subsection (g)(6)(B)(iii), by striking 
     ``submittted'' and inserting ``submitted''.
       (10) The item relating to section 183 in the table of 
     contents for chapter 17 is amended by striking ``of'' and 
     inserting ``to''.
       (11) Section 185 is amended by striking the second period 
     at the end of the section.
       (12) Section 201(a) is amended--
       (A) by striking ``United States Code,''; and
       (B) by striking ``5, United States Code.'' and inserting 
     ``5.''.
       (13) Section 202 is amended--
       (A) in subsection (b)(4), by striking ``last paragraph of 
     section 203(2)'' and inserting ``section 203(b)''; and
       (B) in subsection (c)--
       (i) in paragraph (4), by striking ``rights;'' and inserting 
     ``rights,''; and
       (ii) in paragraph (5), by striking ``of the United States 
     Code''.
       (14) Section 203 is amended--
       (A) in paragraph (2)--
       (i) by striking ``(2)'' and inserting ``(b)'';
       (ii) by striking the quotation marks and comma before ``as 
     appropriate''; and
       (iii) by striking ``paragraphs (a) and (c)'' and inserting 
     ``paragraphs (1) and (3) of subsection (a)''; and
       (B) in the first paragraph--
       (i) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(1)'', ``(2)'', ``(3)'', and ``(4)'', 
     respectively; and
       (ii) by striking ``(1.'' and inserting ``(a)''.
       (15) Section 209 is amended in subsections (d)(2) and (f), 
     by striking ``of the United States Code''.
       (16) Section 210 is amended--
       (A) in subsection (a)--
       (i) in paragraph (11), by striking ``5901'' and inserting 
     ``5908''; and
       (ii) in paragraph (20) by striking ``178(j)'' and inserting 
     ``178j''; and
       (B) in subsection (c)--
       (i) by striking ``paragraph 202(c)(4)'' and inserting 
     ``section 202(c)(4)''; and
       (ii) by striking ``title..'' and inserting ``title.''.
       (17) The item relating to chapter 29 in the table of 
     chapters for part III is amended by inserting a comma after 
     ``Patent''.
       (18) The item relating to section 256 in the table of 
     contents for chapter 25 is amended to read as follows:

``256. Correction of named inventor.''.

       (19) Section 294 is amended--
       (A) in subsection (b), by striking ``United States Code,''; 
     and
       (B) in subsection (c), in the second sentence by striking 
     ``court to'' and inserting ``court of''.
       (20) Section 371(d) is amended by adding at the end a 
     period.
       (21) Paragraphs (1), (2), and (3) of section 376(a) are 
     each amended by striking the semicolon and inserting a 
     period.
       (b) Other Amendments.--
       (1) Section 4732(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999 is amended--
       (A) in paragraph (9)(A)(ii), by inserting ``in subsection 
     (b),'' after ``(ii)''; and
       (B) in paragraph (10)(A), by inserting after ``title 35, 
     United States Code,'' the following: ``other than sections 1 
     through 6 (as amended by chapter 1 of this subtitle),''.
       (2) Section 4802(1) of that Act is amended by inserting 
     ``to'' before ``citizens''.
       (3) Section 4804 of that Act is amended--
       (A) in subsection (b), by striking ``11(a)'' and inserting 
     ``10(a)''; and
       (B) in subsection (c), by striking ``13'' and inserting 
     ``12''.
       (4) Section 4402(b)(1) of that Act is amended by striking 
     ``in the fourth paragraph''.

     SEC. 8. TECHNICAL CORRECTIONS IN TRADEMARK LAW.

       (a) Award of Damages.--Section 35(a) of the Act of July 5, 
     1946 (commonly referred to as the ``Trademark Act of 1946'') 
     (15 U.S.C. 1117(a)), is amended by striking ``a violation 
     under section 43(a), (c), or (d),'' and inserting ``a 
     violation under section 43(a) or (d),''.
       (b) Additional Technical Amendments.--The Trademark Act of 
     1946 is further amended as follows:
       (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in 
     the first sentence by striking ``specifying the date of the 
     applicant's first use'' and all that follows through the end 
     of the sentence and inserting ``specifying the date of the 
     applicant's first use of the mark in commerce and those goods 
     or services specified in the notice of allowance on or in 
     connection with which the mark is used in commerce.''.
       (2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as 
     follows:
       ``(e) If the applicant is not domiciled in the United 
     States the applicant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Commissioner.''.
       (3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as 
     follows:
       ``(f) If the registrant is not domiciled in the United 
     States, the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Commissioner.''.
       (4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as 
     follows:
       ``(c) If the registrant is not domiciled in the United 
     States the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Commissioner.''.
       (5) Subsections (a) and (b) of section 10 (15 U.S.C. 
     1060(a) and (b)) are amended to read as follows:
       ``(a)(1) A registered mark or a mark for which an 
     application to register has been filed shall be assignable 
     with the good will of the business in which the mark is used, 
     or with that part of the good will of the business connected 
     with the use of and symbolized by the mark. Notwithstanding 
     the preceding sentence, no application to register a mark 
     under section 1(b) shall be assignable prior to the filing of 
     an amendment under section 1(c) to bring the application into 
     conformity with section 1(a) or the filing of the verified 
     statement of use under section 1(d), except for an assignment 
     to a successor to the business of the applicant, or portion 
     thereof, to which the mark pertains, if that business is 
     ongoing and existing.
       ``(2) In any assignment authorized by this section, it 
     shall not be necessary to include the

[[Page 22764]]

     good will of the business connected with the use of and 
     symbolized by any other mark used in the business or by the 
     name or style under which the business is conducted.
       ``(3) Assignments shall be by instruments in writing duly 
     executed. Acknowledgment shall be prima facie evidence of the 
     execution of an assignment, and when the prescribed 
     information reporting the assignment is recorded in the 
     United States Patent and Trademark Office, the record shall 
     be prima facie evidence of execution.
       ``(4) An assignment shall be void against any subsequent 
     purchaser for valuable consideration without notice, unless 
     the prescribed information reporting the assignment is 
     recorded in the United States Patent and Trademark Office 
     within 3 months after the date of the assignment or prior to 
     the subsequent purchase.
       ``(5) The United States Patent and Trademark Office shall 
     maintain a record of information on assignments, in such form 
     as may be prescribed by the Commissioner.
       ``(b) An assignee not domiciled in the United States may 
     designate by a document filed in the United States Patent and 
     Trademark Office the name and address of a person resident in 
     the United States on whom may be served notices or process in 
     proceedings affecting the mark. Such notices or process may 
     be served upon the person so designated by leaving with that 
     person or mailing to that person a copy thereof at the 
     address specified in the last designation so filed. If the 
     person so designated cannot be found at the address given in 
     the last designation, or if the assignee does not designate 
     by a document filed in the United States Patent and Trademark 
     Office the name and address of a person resident in the 
     United States on whom may be served notices or process in 
     proceedings affecting the mark, such notices or process may 
     be served upon the Commissioner.''.
       (6) Section 23(c) (15 U.S.C. 1091(c)) is amended by 
     striking the second comma after ``numeral''.
       (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
     aligning the text with paragraph (7).
       (8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is 
     amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''.
       (9) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii)) 
     is amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code''.
       (10) Section 34(d)(11) is amended by striking ``6621 of the 
     Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of 
     the Internal Revenue Code of 1986''.
       (11) Section 35(b) (15 U.S.C. 1117(b)) is amended--
       (A) by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''; and
       (B) by striking ``6621 of the Internal Revenue Code of 
     1954'' and inserting ``6621(a)(2) of the Internal Revenue 
     Code of 1986''.
       (12) Section 44(e) (15 U.S.C. 1126(e)) is amended by 
     striking ``a certification'' and inserting ``a true copy, a 
     photocopy, a certification,''.

     SEC. 9. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT.

       The Patent and Trademark Fee Fairness Act of 1999 (113 
     Stat. 1537-546 et seq.), as enacted by section 1000(a)(9) of 
     Public Law 106-113, is amended in section 4203, by striking 
     ``111(a)'' and inserting ``1113(a)''.

     SEC. 10. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS REFORM 
                   ACT.

       Title I of the Intellectual Property and Communications 
     Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) 
     of Public Law 106-113, is amended as follows:
       (1) Section 1007 is amended--
       (A) in paragraph (2), by striking ``paragraph (2)'' and 
     inserting ``paragraph (2)(A)''; and
       (B) in paragraph (3), by striking ``1005(e)'' and inserting 
     ``1005(d)''.
       (2) Section 1006(b) is amended by striking 
     ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
       (3)(A) Section 1006(a) is amended--
       (i) in paragraph (1), by adding ``and'' after the 
     semicolon;
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (B) Section 1011(b)(2)(A) is amended to read as follows:
       ``(A) in paragraph (1), by striking `primary transmission 
     made by a superstation and embodying a performance or display 
     of a work' and inserting `performance or display of a work 
     embodied in a primary transmission made by a superstation or 
     by the Public Broadcasting Service satellite feed';''.

     SEC. 11. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

       Title 17, United States Code, is amended as follows:
       (1) Section 119(a)(6) is amended by striking ``of 
     performance'' and inserting ``of a performance''.
       (2)(A) The section heading for section 122 is amended by 
     striking ``rights; secondary'' and inserting ``rights: 
     Secondary''.
       (B) The item relating to section 122 in the table of 
     contents for chapter 1 is amended to read as follows:

``122. Limitations on exclusive rights: Secondary transmissions by 
              satellite carriers within local markets.''.

       (3)(A) The section heading for section 121 is amended by 
     striking ``reproduction'' and inserting ``Reproduction''.
       (B) The item relating to section 121 in the table of 
     contents for chapter 1 is amended by striking 
     ``reproduction'' and inserting ``Reproduction''.
       (4)(A) Section 106 is amended by striking ``107 through 
     121'' and inserting ``107 through 122''.
       (B) Section 501(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (C) Section 511(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (5) Section 101 is amended--
       (A) by moving the definition of ``computer program'' so 
     that it appears after the definition of ``compilation''; and
       (B) by moving the definition of ``registration'' so that it 
     appears after the definition of ``publicly''.
       (6) Section 110(4)(B) is amended in the matter preceding 
     clause (i) by striking ``conditions;'' and inserting 
     ``conditions:''.
       (7) Section 118(b)(1) is amended in the second sentence by 
     striking ``to it''.
       (8) Section 119(b)(1)(A) is amended--
       (A) by striking ``transmitted'' and inserting 
     ``retransmitted''; and
       (B) by striking ``transmissions'' and inserting 
     ``retransmissions''.
       (9) Section 203(a)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (10) Section 304(c)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (11) The item relating to section 903 in the table of 
     contents for chapter 9 is amended by striking ``licensure'' 
     and inserting ``licensing''.

     SEC. 12. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.

       (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, 
     United States Code, is amended by striking ``107 through 
     120'' and inserting ``107 through 122''.
       (b) Standard Reference Data.--(1) Section 105(f) of Public 
     Law 94-553 is amended by striking ``section 290(e) of title 
     15'' and inserting ``section 6 of the Standard Reference Data 
     Act (15 U.S.C. 290e)''.
       (2) Section 6(a) of the Standard Reference Data Act (15 
     U.S.C. 290e) is amended by striking ``Notwithstanding'' and 
     all that follows through ``United States Code,'' and 
     inserting ``Notwithstanding the limitations under section 105 
     of title 17, United States Code,''.

                          ____________________