Howard Berman

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Rabbi Marvin and Rebbetzin Avis Sugarman who will be honored at the Shaarey Zedek Congregation's 46th Annual Banquet on March 19, 2000. The occasion will mark Rabbi Sugarman's retirement and will celebrate the thirty-two years of dedicated service that both Rabbi and Mrs. Sugarman have given the Shaarey Zedek community since 1967. I have known Rabbi Sugarman for 26 of those years and for all that time, I have watched with great admiration the tireless and energetic work that he and his wife have given to Shaarey Zedek. Their efforts have made it the largest Orthodox congregation in the San Fernando Valley and the second largest in Los Angeles. The depth of their concern for their congregants and their love for humanity made the temple community into a warm and welcoming family. No matter how busy he was, Rabbi Sugarman's first priority was to provide help and spiritual guidance to the members of his synagogue. He is a much respected and much beloved figure in Los Angeles. Throughout Rabbi Sugarman's distinguished 44-year rabbinical career, he has been a dedicated student of Judaism. He has delivered thousands of learned sermons on a plethora of topics and issues, but his discourses on morality, responsibility, and duty have been especially enlightening and instructive. His focus has been not only upon his synagogue or even his religion, but against the moral decline and decay in our society. He has spoken out forcefully and effectively on this important subject. Rebbetzin Sugarman will be honored for her understanding, devotion, intellectual integrity, and spiritual sensitivity. Her unwavering support has added immeasurably to the strength of this remarkable couple. By her active involvement in the synagogue Sisterhood and the Shaarey Zedek community at large, she provided both inspiration and example to its members. In addition, she has distinguished herself in her chosen career as a clinical dietitian in the health-care field and as the Administrative Dietitian in the Kosher Kitchen of Cedars-Sinai Medical Center. Among the greatest achievements of Rabbi and Rebbetzin Sugarman are the five outstanding children they raised in their 44 years of marriage and among the great pleasures they look forward to in retirement is time to spend with the many grandchildren who bring them enormous pride. It is distinct pleasure to ask my colleagues to join with me in saluting Rabbi and Rebbetzin Sugarman for their dedicated service to the Jewish community of Southern California.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that my name be removed as a cosponsor of House Concurrent Resolution 396.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, my colleagues, Mr. Sherman and Mr. Waxman, and I rise today to pay tribute to Jack P. Koszdin, who will be honored on March 26, 2000, by the Democratic Party of the San Fernando Valley (DPSFV). Because of his public service and outstanding achievements he will be recognized on the occasion of DPSFV's annual Greenberg Memorial Award Luncheon. Jack Koszdin has been a stalwart member of the Democratic Party for over thirty years. As chairman of the DPSFV Leadership Council he has proven himself to be a savvy strategist and a potent rainmaker. Because of his love of politics and representational democracy, he has worked tirelessly on behalf of numerous local, state, and federal candidates and made a real difference in many of their contests. Like us, Jack has been a long-time active supporter of labor. As a currently practicing attorney he fights daily in the trenches for workers and other litigants on a case by case basis. Since 1995, he has been a senior partner with Koszdin, Fields & Sherry, in Van Nuys. Prior to this he was a sole practitioner for eighteen years. One of us, Howard Berman, had the privilege of practicing law with him for nearly six years. Jack is one of the most skilled and knowledgeable practitioners in the field of workers' compensation in the entire country. He is a great teacher with a huge heart and wonderful sense of humor. He began his prodigious law career in 1956 as a senior partner with Levy, Koszdin and Woods after he graduated from the UCLA school of law. He distinguished himself in law school by being elected class president in 1954. He now counts teaching at UCLA and serving as a Law Professor at the University of West Los Angeles among his many accomplishments. Jack has held numerous prestigious judicial positions including Judge Pro Tem for the Workers' Compensation Appeals Board, Municipal Judge Pro Tem for the San Fernando Valley and Vice Chairman of the Building Rehabilitation Appeals Board. He now participates in the State Insurance Commissioner Study of Workers' Compensation and medical benefits. In addition, Jack has been co-host of the Union Voice Radio Program and has been a legal advisor to the Valley Labor Political Education Counsel. Furthermore, he has amassed an impressive community service record which includes active membership on both the Red Cross and Cerebral Palsy Association's Board of Directors. He has assumed leadership roles in organizations such as the Men's Guild, San Fernando Valley Child Guidance Clinic where he served as President. It is our distinct pleasure to ask our colleagues to join with us in saluting Jack Koszdin for his outstanding achievements, and to congratulate him for receiving the prestigious honors granted him by DPSFV.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, my colleague, Mr. Sherman, and I, today pay tribute to Lee Kanon Alpert, who has been selected to receive this year's prestigious Fernando Award for outstanding volunteerism. He will be honored Friday March 10, 2000 at the 41st Annual Special Recognition Dinner by the Board of Directors of the Fernando Award Foundation and his name will be placed alongside previous winners at the base of the magnificent bronze statue of ``Fernando'' which stands in the San Fernando Valley Civic Center. The Fernando Award was created to honor individuals who have exemplified leadership, volunteerism and dedication. It is recognized as the leading award for civic accomplishment in the San Fernando Valley. The process by which selection is made each year includes extensive participation by community organizations and community leaders. This year that process has yielded a particularly worthy recipient. Lee has been a practicing attorney for over 28 years. In his distinguished legal career, he has developed expertise in numerous areas of the law, including administrative and governmental relations, arbitration and mediation, family law and real estate transactions. Despite his extensive professional responsibilities, he has taken an active role in the community, serving on numerous boards and commissions, providing public commentary on radio and television programs, writing articles and editorials for legal and news publications and assuming leadership roles within a variety of civic organizations. Lee Alpert currently serves as President of the Los Angeles City Board of Building and Safety Commission and is outgoing president of the California State University Northridge, Advisory Board. He is the current co-chair of the California State Assembly Business Advisory Commission which provides counsel to Assembly member Robert Hertzberg. He has previously served as the co-chair of the California State Senate Small Business Advisory Commission. Since 1993 he has chaired the Governing Board of Directors of the Encino--Tarzana Regional Medical Centers (Hospitals) Joint Venture between American Medical International (AMI) and Health Trust, Inc. Mr. Speaker, distinguished colleagues, please join in paying tribute to Lee Alpert. We are grateful for the tireless service he has given to his community and the many ways he exemplifies good citizenship. We congratulate him on the well deserved honor he is about to receive.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I thank the gentleman for yielding me this time, and I want to associate myself with the remarks of the previous speakers on this legislation. I rise in strong support of H.R. 1883. It gives the President authority to impose sanctions on foreign entities that supply Iran with technologies related to nuclear, chemical and biological weapons, and ballistic missiles. Two weeks ago we saw dramatic evidence of the yearning for change among the Iranian people. Despite efforts by the Council of Guardians to limit the pool of eligible candidates, reformers won an overwhelming majority in the Iranian parliament. Regrettably, this election landslide will not automatically translate into moderate Iranian policies. Supreme Leader Khameini and other conservative elements retain control over many institutions, including the securities services. And the intentions of President Khatemi and his reformist allies still are not completely clear. I would welcome an improvement in U.S.-Iranian relations, but a constructive and peaceful bilateral relationship must be based on Iran's willingness to abandon its quest for weapons of mass destruction and ballistic missiles, to drop its efforts to disrupt the Middle East peace process, and to improve its dismal human rights record. This legislation focuses on the first of these areas of concern. It goes without saying that an Iran armed with these fearsome weapons would be a serious threat to our allies in the Middle East and eventually the United States itself. Placing additional sanctions on Iran would have little if any effect, given that the U.S. has maintained a trade embargo on the Islamic Republic since the 1979 revolution. This legislation attempts to get at the problem by authorizing sanctions against foreign entities that continue to supply Iran with advanced technologies. According to a recent unclassified CIA report covering the first half of 1999, Iran remains, ``One of the most active countries seeking to acquire WMD technology from abroad. In doing so, Tehran is attempting to develop an indigenous capability to produce various types of weapons, nuclear, chemical and biological, and their delivery systems. Iran focused its efforts to acquire WMD-related equipment, materials and technology primarily on entities in Russia, China, North Korea, and Western Europe.'' The report goes on to say that ``entities in Russia and China continue to supply a considerable amount and a wide variety of ballistic missile-related goods and technology to Iran. Tehran is using these goods and technologies to support current production programs and to achieve its goal of becoming self-sufficient in the production of ballistic missiles.'' It has additional comments on Iran's program with respect to nuclear weapons, which I will assert in my full statement. But, Mr. Speaker, these facts paint a very troubling picture. They reinforced my view that this legislation and other measures are absolutely necessary to prevent or at a minimum slow down Iranian acquisition of WMD and ballistic missiles. As the CIA report indicates, Russian entities have been among the worst proliferators to Iran. Some steps have been taken to prevent this technology transfer. Last year Russia passed a new export control law and placed monitors in key aerospace entities. Unfortunately, these modest efforts have not stopped the proliferation. I find it somewhat ironic that Russia objects so strenuously to U.S. deployment of a limited national missile defense system designed specifically to knock down missiles fired by countries like Iran, Iraq, and North Korea, given that the Russian entities are some of the primary suppliers of missile and WMD technology to those very governments and given that Russia may also be a target of those regimes. I am not under any illusions that this legislation will solve once and for all the problem of proliferation to Iran, but it is a step in the right direction, and more needs to be done. For example, we should initiate an intensive effort with our allies to develop a more effective multilateral export control regime to keep dangerous technologies out of the hands of anti-western regimes. The current Wassenaar arrangement simply is not up to doing the job. Last year we passed the Iran Nuclear Nonproliferation Act by a vote of 419 to 0, the Senate passed it by 98 to 0. I urge my colleagues to join me in supporting the Senate amendments today and sending the legislation on to the President.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, we rise today to pay tribute to Judge Michael Farrell and Judge Leland B. Harris, who will be honored on February 17, 2000, by the San Fernando Bar Association (SFVBA). Judge Farrell will be named the San Fernando Valley Bar Association Judge of the Year and Judge Harris will be presented with a Special Recognition Award. Judge Farrell has enjoyed a long and distinguished judicial career. He currently serves as the Supervising Judge of the Los Angeles Superior Court Northwest District. He was elevated to this position in 1989, after being appointed to the Municipal Court Bench in 1986 by former Governor Deukmejian. Prior to that, he served as a U.S. Bankruptcy Court Trustee, and was an attorney for the San Fernando Valley Neighborhood Legal Services, Global Marine, Inc., and the law firms Early, Maslach, Foran & Williams; Hunt & Finn; and his brother's firm Coleman & Farrell. In addition to his numerous and substantial judicial responsibilities, Judge Farrell has been working with the SFVBA, Neighborhood Legal Services, and the Monroe High School magnet program to start a pilot self-help program. The program will provide free legal information and legal services to the public. He has also taken an active role in seeking Los Angeles County funds to repair the damage to his courthouse caused by the Northridge Earthquake. Judge Harris will be honored for his dedicated service and work with the Calabasas Teen Court Program--a program run by teens, and for teens that is designed to interrupt developing patterns of criminal behavior, promote self-esteem and provide motivation for self improvement and a healthy attitude toward authority. Judge Harris graduated from San Fernando Valley State College (now Cal State Northridge) and the University of San Diego School of Law. He was appointed to the Municipal Court by former Governor Deukmejian in 1991. Prior to this appointment he served as a Los Angeles County Deputy District Attorney, including many years at the San Fernando Court. During this time, many of his accomplishments were in the area of nursing home reform. He was instrumental in changing a section of the penal code in 1986 to expedite the testimony of elderly crime victims and witnesses. It is our distinct pleasure to ask our colleagues to join with us in saluting both Judge Farrell and Judge Harris for their outstanding achievements, and to congratulate them for receiving the prestigious honors granted them by the San Fernando Valley Bar Association.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, we rise to pay tribute to our good friend, Steve Lew, who has just completed a two-year term as Chairman of the Valley Industry and Commerce Association. Steve is a man of immense charm, business smarts and considerable political skills. He is, in short, a born leader. He will be sorely missed at VICA. During his two-year tenure as chairman, VICA became much more active in state, local and federal affairs. Steve expanded VICA's sphere of influence; the organization now covers eight congressional districts, six State Senate districts and ten Assembly districts. He made a point of attending many meetings of the various government committees. In 1999, Steve led VICA's year-long 50th anniversary celebration, which included a new graphics campaign, newsletter, logo and website. He also helped spur a 25 percent rise in revenues to VICA, which enabled the organization to initiate new advocacy programs. In 1975, Steve took a job with Universal Studios, where he has held several executive positions. These include Vice President, Government and External Affairs, Universal Studios, Inc; Senior Vice President, Universal Studios Recreation Group and President and CEO, Universal Studios Florida. In addition to his professional duties and his work with VICA, Steve is Chair of the City of Los Angeles Volunteer Advisory Council, a member of the Executive Board of the Economic Alliance of the San Fernando Valley and Past President of the Hollywood Chamber of Commerce. We ask our colleagues to join us in saluting Steve Lew, whose commitment to helping business and his dedication to the community are second to none. We are honored to be his friends.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to recognize an outstanding educational institution in my community, Los Angeles Mission College. On February 10, 2000, Los Angeles Mission College will celebrate its 25th Anniversary. Los Angeles Mission College was established to serve the northeast San Fernando Valley communities of Sylmar, San Fernando, Mission Hills, Lakeview Terrace, Arleta, Pacoima, Panorama City, Granada Hills, North Hills, Chatsworth, Porter Ranch, Sun Valley And Sunland-Tujunga. From an initial class of 1,228 students, enrollment has grown to include over 7,000 students per year. It has the fastest-growing enrollment in the L.A. Community College District. The College has enabled more than 100,000 students to earn college degrees and occupational certificates, or transfer to baccalaureate granting institutions. With its strong record for developing innovative community based programs, Los Angeles Mission College has proven not just to be a leader among community colleges, but to be the embodiment of those values and ideals that make community colleges special. The College has developed successful employment directed programs, occupational transfer curricula, dynamic partnerships with local business and civic organizations, inventive technology applications and numerous workforce development programs. The College is unsurpassed in ensuring that its predominant first generation college students succeed in today's competitive marketplace. All of this is especially remarkable considering that its student population and financial needs have grown exponentially faster than available resources. I have attended and enjoyed many programs at Mission College and can, therefore, attest firsthand to the high spirit and love of learning to be found on its campus. Furthermore, I have regularly relied on Mission College students to assist me in my district office where they have served as interns and staff. I am greatly impressed by the caliber and dedication of Mission College students, faculty and administration. It is a pleasure to ask my colleagues to join me in saluting the Los Angeles Mission College on its 25th Anniversary. It has been an honor to have such a fine institution in the 26th Congressional District and I look forward to its continued evolution and success over the next 25 years.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to one of the giants of American jurisprudence, California Supreme Court Justice Stanley Mosk. Justice Mosk is recognized as one of the finest constitutional lawyers in the United States. He was appointed to the Supreme Court by Governor Edmund G. ``Pat'' Brown in 1964 and was confirmed for a new 12-year term in 1986. This month, he becomes the longest serving justice in the history of the California Supreme Court. I am honored to ask that the United States House of Representatives take note of this milestone--yet another in the career of this distinguished jurist. His lifetime is one marked with superlatives. Early in his career, he served four years as executive secretary and legal advisor to Culbert Levy Olson, the first Democratic Governor of California of this century. From 1943 to 1958, he served as a judge of the Superior Court of Los Angeles--the youngest Superior Court judge in history. In 1958, he was elected Attorney General of California with more than a million vote margin over his opponent, the largest majority of any contest in America that year. He was overwhelmingly re-elected in 1962. As Attorney General, Mosk issued about 2,000 written opinions, argued before the U.S. and California supreme courts and authored some of California's most innovative legislative proposals in the area of crime and law enforcement. He was the creator of new divisions in the Attorney General's office to handle anti-trust, constitutional rights, consumer fraud and investment fraud problems. As a justice on the California Supreme Court, he has authored many of the court's most important opinions and is a distinguished and sought- after author, lecturer and teacher nationally and internationally. Earlier this year, Justice Mosk was honored by the California State Bar with the prestigious Bernard E. Witkin Medal. This award reads as follows: ``Unfailing in courtesy, kindness and collegiality, Justice Mosk's modest demeanor belies the magnitude of his contributions to the development of California law.'' That ``magnitude of his contributions'' was recently described in the Albany Law Review: ``An institution, an icon, a trailblazer, a legal scholar, a constitutional guardian, a veritable living legend of the American judiciary, Justice Mosk has courageously and wisely labored for more than three decades as one of the most influential members in the history of one of the most influential tribunals in the western world.'' I ask my colleagues now to join me in honoring Justice Mosk for his extraordinary contributions and achievements. I am extremely proud to celebrate his years of service to California and to the nation.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to pay tribute to Ilse Kahn and Suhaila Nasser, who this year are receiving the Lifetime Commitment to Peace Award from the American Friends of Neve Shalom/Wahat Al-Salam Southern California Chapter. Ilse Kahn and Suhaila Nasser, who live in Southern California, have made their own outstanding contribution to the cause of peace and understanding in the Middle East. They embody the new spirit of reconciliation in the region. A survivor of the Holocaust, Mrs. Kahn has worked tirelessly to bring together Arab and Jewish children in an environment of peace and friendship. She was one of the founders of the Southern California chapter of Neve Shalom/Wahat Al-Salam, the joint Palestinian/Jewish community in Israel. Mrs. Kahn has been active in the bilingual and bicultural nursery, kindergarten and primary school located in the community. Her efforts have helped a generation of Palestinian and Jewish children build strong ties and close relationships. As busy as she is with the Southern California chapter, Mrs. Kahn somehow finds the time to be involved with other special causes, including LA's Best, an enrichment program for school age children in Watts. She is also a member of the League of Women Voters. Suhaila Nasser, a Palestinian born in Jerusalem, immigrated to the United States in 1961. Despite living far from her native region, she has immersed herself in the task of providing medical assistance to the Palestinian people. In 1988, after undergoing a mastectomy, Mrs. Nasser formed the Palestinian Children's Relief Fund, a non-profit organization dedicated to securing medical treatment for suffering children. Thanks to Mrs. Nasser's efforts, since 1990 more than 100 children have been brought to the United States for reconstructive surgery and specialized medical services. In addition, six teams of doctors from the United States, Italy, England, and Belgium have traveled to Jerusalem and the West Bank to operate on children. I ask my colleagues to join me in saluting Ilse Kahn and Suhaila Nasser, whose dedication to the plight of children living in the Middle East inspires us all. I salute them for their courage and commitment to a just cause.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, the measure before us includes the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPCORA). This legislation, among other things, makes certain technical changes in several sections of the Copyright Act, including sections 111 and 119. These two sections of current law provide compulsory copyright licenses, which enable cable systems and satellite carriers to retransmit copyrighted material from broadcast signals without obtaining the permission of the copyright owners. I rise to emphasize one change that this legislation does not make. Nothing in IPCORA changes the definitional provisions concerning who is entitled to claim a compulsory license. Section 111(f) contains a definition of ``cable system,'' and section 119(d)(6) contains a definition of ``satellite carrier.'' IPCORA does not change these definitions. In particular, neither definition encompasses digital online communications services, which may seek to retransmit broadcast material over the Internet. These services are not eligible for either of these compulsory licenses. It is clear that such services do not fit either definition I have referenced. Indeed, Internet and online services are profoundly different from the cable systems and satellite carriers which these provisions are intended to benefit. To cite just one crucial difference, cable systems and satellite carriers serve defined and delineated geographic areas within the United States, and their entitlement to retransmit under these compulsory licenses applies only within those areas. Internet and online services, by contrast, have worldwide reach, and can deliver programming to any spot on the globe thee Internet reaches. It is obvious that a compulsory license designed for a local, geographically limited service cannot fairly be applied to a worldwide distribution channel. An earlier version of IPCORA contained technical amendments spelling out that digital online communications services are not eligible for compulsory licenses under either section 111 or section 119. Because some objections were raised by some online services to these amendments, it has been decided to omit them. Some may ask whether this omission has any legal significance. The answer is no. To my knowledge, no court, no administrative agency, no authoritative commentator has ever stated or even implied that digital online services qualify as either ``cable systems'' for purposes of section 111, or as ``satellite carriers'' for purposes of section 119. In fact, the Register of Copyrights, whose agency administers both these licenses, has repeatedly stated the opposite. Since IPCORA does not change these definitions, it does not change that conclusion, with or without the amendments that caused a few online services such concern.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, reserving the right to object, I yield to the gentleman from North Carolina (Mr. Coble), the chairman of the subcommittee, to just describe the legislation.

Mr. BERMAN. Mr. Speaker, continuing my reservation of objection, first let me just respond to the last comment of my friend. As he knows, and I have discussed this privately, but it was a real pleasure to be his ranking member this past year. We did get a lot done. We did it, I think, on a bipartisan basis on almost every single issue we faced and accomplished quite a bit, probably not as much as the Transportation and Infrastructure committee, but a substantial work product, much of which was in the legislation that passed as part of the non-omnibus appropriations bill. I also want to express my appreciation to the staff both of the subcommittees and the full committees and to the gentleman from Illinois (Mr. Hyde) and the gentleman from Michigan (Mr. Conyers) as well for all their support. On this particular legislation which is an important bill, it comes under our obligations under the intellectual property provisions of Article 1 of the Constitution to reassess the efficacy of our laws in protecting copyright. Toward that end, earlier this year the Committees on the Judiciary in both Houses resolved to address several concerns which have been brought to our attention regarding the deterrence of copyright infringement and penalties for such infringement in those instances when it, unfortunately, occurs. While I support the bill that we previously passed, I concur in the passage of the bill before us tonight. There are two key features in the legislation. First, it provides an inflation adjustment for copyright statutory damages. It has been well over a decade since we last adjusted statutory damages for inflation. Our purpose must be to provide meaningful disincentives for infringement, and to accomplish that, the cost of infringement must substantially exceed the cost of the compliance so that those who use or distribute intellectual property have incentive to comply with the law. Secondly, passage of this bill is important to expedite the Sentencing Commission's adoption of a revised Intellectual Property sentencing guidelines. The newly confirmed Sentencing Commissioners will have 120 days to revise the Intellectual Property guideline to increase the deterrence. In 1997, when we adopted the NET Act, we directed the Sentencing Commission to increase criminal penalties for Intellectual Property crimes. The current IP sentencing guidelines include perverse incentives that allow pirates to avoid significant prison terms. U.S. Attorneys refuse to bring copyright or trademark criminal cases because of the current weak guidelines. This bill will rectify that situation. The new Commissioners will be required to focus on this important problem immediately. The increasing threat of intellectual property theft both in the on-line and off-line world will thus be fought with all available weapons. Mr. Speaker, I continue my reservation of objection, and I yield to the gentleman from North Carolina (Mr. Coble).

Mr. BERMAN. Mr. Speaker, I withdraw my reservation of objection.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, we rise to pay tribute to the past Regional Board Presidents of the Anti-Defamation League (ADL) for their fifty years of service and leadership. These men and women have contributed their wisdom, knowledge, and dedication to the ADL and our community. The past presidents of ADL have been at the forefront of efforts to deter and counter hate-motivated crimes. Not only has the ADL played a fundamental role in hate-crime legislation, it has organized rallies to increase public awareness of such acts. The pivotal role played by the ADL during this past year's shooting at the Jewish Community Center was a clear example of the efforts of this organization. The Anti-Defamation League serves as a community resource for the government, media, law enforcement agencies, and the general public. Through ADL's monitoring and educational programs, public awareness of racism, extremism, bigotry, and anti-Semitism has been raised. In addition to these programs, ADL works as a liaison between Israel and U.S. policy-makers to educate the public about the complexities of the peace process. These are only a few of the accomplishments of the ADL. We applaud the current and past presidents for their invaluable service to the ADL and for their invaluable contributions to our community. These men and women are an example to us all. The ADL's Gala Dinner Dance is certainly a very special event and we are pleased to recognize your organization for its achievements. Again, congratulations to the dedicated presidents for their many years of contributions to the cultural and social well being of our society. Please accept our very best wishes for many more years of continued success. Mr Speaker, we ask our distinguished colleagues to please join us in honoring Harry Graham Balter, I.B. Benjamin, Jack Y. Berman, Judge David Coleman, Faith Cookler, Hon. Norman L. Epstein, Hon. Robert Feinerman, David P. Goldman, Charles Goldring, Maxwell E. Greenberg, Bruce J. Hochman, Bernard S. Kamine, Harry J. Keaton, Joshua Kheel, Moe Kudler, Alexander L. Kyman, Myra Rosenberg Litman, Hon. Stanley Mosk, George E. Moss, Hon. Irwin J. Nobron, Hon. Jack M. Newman, Hon. Marvin D. Rowen, and Barry R. Weiss for their ongoing service to the Jewish community and the community at large.

Mr. BERMAN

Mr. BERMAN. Mr. Chairman, I think the entire body wholly supports and we want to use this opportunity to encourage the growth of the Internet and e-commerce, but moving to a digital world, moving to the world of the Internet, it does not follow that every principle of Federalism and every principle of consumer protection should be wiped out, obviated and extinguished in the name of advancing e-commerce and e-contracts and e-signatures. Eliminating hard fought laws, both State and Federal, that make sure that a consumer has the information that they need to make informed decisions takes us back to the age of scams and frauds, but this time in the on-line environment. We have been so successful in developing a legal environment that gives consumers' rights and assures that outlaw merchants are dealt with, it is not necessary and it benefits no one for the Internet to become the place for unscrupulous businesses to flourish. My fear is that H.R. 1714, the underlying bill sponsored by the gentleman from Virginia (Mr. Bliley), would lead us down that path. The high-tech industries are seeking an immediate Federal law validating electronic contract formation to help pave the way for the growth of electronic commerce until States can adopt a recently promulgated Uniform Electronic Transaction Act. We need to provide that help, but H.R. 1714 goes way, way beyond this need. It satisfies a much broader, much more controversial, long-range desire of financial services and insurance industries to accomplish the goal of the financial services. H.R. 1714 seriously undercuts hard fought consumer protections as well as both Federal and State regulatory requirements. The bill threatens a State's ability to adopt a uniform State law with a permanent preemption provision. The National Conference of State Legislatures, in their letter of November 1, opposes H.R. 1714, stating that the legislation will eviscerate consumer protections and impede the States' insurance securities and banking agencies in their regulatory oversight of the financial services industry. This from the State legislatures. In a letter we received today, the National Consumers Law Center, the United Auto Workers, and the Consumers Union expressed their opposition for the underlying bill, and even with the Inslee amendment, and their support for the Dingell-Conyers-LaFalce-Gephardt substitute. States and the Federal Government should have the opportunity to review their writing requirements and determine which can be done away with and which standards should apply in each specific situation where electronic records may be substituted. A reckless uninformed broad- brush approach, such as we see in H.R. 1714, is offensive to this notion. We cannot blindly wipe away State and Federal writing requirements and then provide a narrow patchwork of exceptions and opportunities for only States, not the Federal Government, not Federal regulatory agencies, to reestablish requirements where needed after some disastrous systemic failure. The substitute amendment offered by the ranking member, the gentleman from Michigan (Mr. Dingell) and his colleagues, provides the needed uniformity as to contract formation. It gives the boost that is needed for e-commerce without interfering with existing laws that address writing requirements for important notices, disclosures, or retained records necessary for regulatory or supervisory government activities. This amendment, the Dingell amendment, is the very same language as the bipartisan compromise reached by Mr. Abraham and Mr. Leahy in the Senate. If H.R. 1714 were to pass the House, it would never see the light of the day in the Senate, it would be vetoed by the administration, and it would mark us as supporting an anti-consumer bill. I urge opposition to the bill and support for the Dingell-Conyers amendment.

Mr. BERMAN. Mr. Chairman, I rise in opposition to the amendment. While it makes some improvements in some parts of the base bill, it also in some areas actually goes backward. But I think the broader point is the point I would like to speak to. We seem to be talking just totally by each other. No one here is opposed to the concept that we need to legislate a digital signature law so that people in places where there is now an obligation to enter into a writing-in contract can enter into a contract electronically and bind themselves to that through digital signatures along the standards of the bill. There is no dispute about that. I hear my friend from Virginia speak in exciting and provocative terms about the new economy, the new elite, people who want the opportunity, they are governed by potentials and not their fears, and I say yes. But it is not a requirement to be an advocate of the new economy or to be a new Democrat to think that there are some people who will be caught in the transition and that maybe, where the Comptroller of the Currency decides that a particular bank should have a backup set of records in writing because that might be the only place they can go to determine whether reserves are being kept adequately, or whether in a particular situation involving changes in an insurance policy, let us just validate that for this particular type of consumer whose, perhaps, adult children signed them on to the insurance policy electronically, we should validate it by the written contract, that we are going to just trample over these people in the name of doing something new and exciting. Mr. Chairman, I do not have the arrogance to say that every single law that says that without regard to whom the consumer is, what the State of their mentality is, that we are going to wipe out some considered judgment by a regulator or by a State legislator, by a Federal legislator that in all circumstances, that is preempted. The gentleman from Washington says his amendment waives no rights, but it does waive one right. By conscious decision, hopefully of a sophisticated and educated consumer, it waives the right to have the disclosures, the changes, the notices in writing. That is indisputable. His amendment waives that right. In most cases, that will be great. There might be a few cases where it is not great, and it is in those cases that I say let us be a little careful about just wiping out all of these laws.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise in support of H.R. 1554, a bill which is truly enormous in its scope. Its central purpose, of course, is to afford more American consumers the opportunity to view their own local stations by satellite, a sensible goal that I strongly endorse. At the same time that I endorse the competitive parity we seek to achieve in this legislation between the satellite and cable industries, it is certainly the case that this bill does so at the expense of certain important principles. I have made no secret in the past of my distaste for compulsory licenses. Yet this bill extends such a license, indeed one that has been massively violated by its beneficiaries, for another 5 years. I might just add at this particular point and for the comments of the gentleman from Virginia (Mr. Goodlatte) and the gentleman from Louisiana (Mr. Tauzin) that there is some thought that, without hearings, without consideration, we are going to take the copyrighted content of our creative communities around this country and around this world and all of a sudden, by legal brief or by interpretation of a definition enacted when no one had any idea about this dreaming technology, assume that now there is compulsory license for Internet service providers without hearings, without discussion, without consideration. I would like to hear the compelling case for that particular move before this House is asked to consider it. On another point, I strongly supported the marketplace approach taken in the 1994 Satellite Home Viewer Act amendments; namely, that the royalty fees paid by satellite services for programming obtained under the satellite compulsory license should be set at fair market value. Yet this conference report discounts the rate set by the Copyright Arbitration Royalty Panel and upheld by the U.S. Court of Appeals for the District of Columbia. Finally and unfortunately in the last few days of the conference committee deliberations, a provision was added, which I strongly oppose, which delays for 6 months the obligation of multichannel video programming distributors to obtain consent for the retransmission of the signals of television broadcast stations in their local markets. I look at these features of the conference report and I am struck by the degree to which this Congress, indeed this Republican majority, is imposing artificial, government-contrived impediments to the ability of the marketplace to determine the terms for delivery of broadcast signals. Notwithstanding all of that, I am a supporter of this conference report, because it does provide the competition by satellite to cable that is needed through the delivery of local-to-local, through the addition of provisions fought for by the gentleman from Virginia. And if the urban legislators who once this passes have multifaceted choices for different media, in regular, free, on-the-air television, cable and satellite, are not willing to help the people in rural areas at least have some competitive alternative, it would be a very sad day. I endorse the provisions of this bill.

Mr. BERMAN. Mr. Speaker, without conceding any of the assumptions in the preface to the question of the gentleman from Louisiana (Mr. Tauzin), I would be enthusiastic about working with the gentleman on this issue.

Mr. BERMAN. Mr. Speaker, will the gentleman yield?

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3028, the Trademark Cyberpiracy Prevention Act. First, let me just congratulate the gentleman from California (Mr. Rogan) and the gentleman from Virginia (Mr. Boucher) for introducing what I think is a very important and necessary piece of legislation, and also compliment my chairman, the gentleman from North Carolina (Mr. Coble) for organizing the hearing, the markup, moving the bill through subcommittee and full committee, and now to the point where we, with some amendments that are being made, I think have made it an even better product. Trade-, service-, and other marks that have come to represent the good will and identity of a business have an intrinsic value to a business. It is appropriate to protect that value from what amounts to embezzlement. This bill provides that protection in regard to the registration of domain names. Domain names have become a key asset in the Internet environment. Most people looking around the Internet for a company will first type in the address, www.company.name.com. If we are looking for AT&T, all we have to do is enter the address, www.ATT.com, and we will get the official AT&T web site. Thus, use of a domain name, these plain English addresses, is very important to mark holders, similar to a shop owner being able to put a sign in front of their store letting people know where to find the store. The problem is that under the current domain name registration process, anyone can register any name that has not yet been taken, so a single individual can register hundreds or thousands or domain names with no intent of using them on the Internet. Their only intent is to turn around and try to sell the domain name for thousands or tens of thousands of dollars to the rightful mark owner. Very simply put, under current law, someone can gather up thousands of domain names that represent marks and extort vast sums of money from the rightful owner. This is even true as to famous personalities whose personal names qualify as a service mark. On the one hand ICANN, the private sector organization tasked by the Department of Commerce to manage domain names, is establishing a uniform dispute resolution mechanism for domain name registrars. That work is very important, and I hope the outcome of that process yields a mechanism that will be truly effective in protecting marks. However, even with a private party dispute resolution process, there needs to be appropriate legal remedies where individuals seek to exploit through what amounts to extortion the registration of domain names. I think that this legislation sets out the appropriate legal framework and will certainly enhance the effectiveness of the protection of marks in this global electronic environment. I have heard concerns expressed by celebrities about the misuse of their name in the same manner I have described. If we are going to do a bill on cyberpiracy, it makes perfect sense to me that we would want to address this finite problem. So when the specific problem of cyberpirates exploiting personal names was brought to me, I asked, as did others here, the gentleman from California (Mr. Rogan), the gentleman from North Carolina (Mr. Coble), that the interested parties on this issue come together and work through a solution. This bill reflects the very specific language that addresses this problem. A personal name that constitutes a mark under the Lanham Act is treated the same way as any other mark protected by the Lanham Act under this bill. This bill does not create or insinuate a Federal right of publicity. Finally, this bill establishes a very important avenue for candidates for public office to communicate their message through the Internet. Candidates for State or local office will now have a specific domain under the control of the U.S. Government where they can post their official web site. This will give voters the assurance that when they go to a site in this domain, they will be getting the official web site of the candidate, and not a site authored by an opponent, critic, or even faithful supporter. This is a major step towards enhancing the value of the Internet to our democracy. Mr. Speaker, I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I just rise in conclusion to again tell the gentleman from North Carolina (Chairman Coble) how much I appreciate the speedy movement of this bill, the process which I think made it better. I want to particularly thank the staff that worked on this bill, Mitch Glazier and Vince Garlock, and Bari Schwartz and Stacy Baird from my staff. I think we are all indebted to their work and their thoughts about this. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Virginia (Mr. Boucher), the cosponsor of the legislation.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to pay tribute to my close friend, Arturo Rodriguez, who has been the president of the United Farm Workers since 1993. Arturo assumed the presidency of the UFW following the death of the organization's founder, Cesar Chavez. Although no one could ever replace Cesar Chavez, just as no one could ever replace Martin Luther King, those of us who care deeply about the UFW and the plight of farmworkers have been tremendously impressed by Arturo's leadership and accomplishments these past 6 years. Under Arturo's direction, the UFW won 16 straight secret-ballot elections--most by big margins--and signed 21 new contracts with growers. He also organized some highly publicized, well-attended marches on behalf of the UFW. The marchers always include many teenagers too young to have personal memories of Cesar Chavez, but eager to continue the work of the UFW. When he was a teenager living in San Antonio, TX, in the mid 1960's, Arturo first heard from his parish priest about Cesar Chavez and the burgeoning UFW. Inspired by the struggle, Arturo became an active supporter of the farmworkers. At the University of Michigan in 1971, for example, Arturo organized support for UFW boycotts. In 1973, Arturo met Cesar Chavez, which changed his life in two ways. For one, he joined the UFW, working for two decades to plot and implement strategy. The second was a bonus: Arturo met and fell in love with Linda Chavez, Cesar's daughter. The couple were married in 1974 at La Paz, the UFW's headquarters near Bakersfield, CA. Today Arturo and Linda live at La Paz with their three children. Prior to becoming its president, Arturo worked on many key issues for the UFW. In 1975, Arturo helped organize union representation elections in the Salinas Valley, including the UFW campaign at Molera Packing Co.--the artichoke ranch where the first election under the California Agricultural Labor Relations Act took place. Two years later, he organized union elections in Imperial Valley vegetable fields and Ventura County citrus orchards. From May through September 1992, Arturo coordinated UFW help for grape workers walking off their jobs in the largest Coachella and San Joaquin Valley vineyard demonstrations in 20 years. He became president in May 1993, a few weeks after the death of Cesar Chavez. Arturo has renewed UFW's presence both in the fields and in the halls of government. In Sacramento and in Washington, he joins our struggle to prevent the restoration of the discredited and disgraced bracero program. I ask my colleagues to join me in saluting Arturo Rodriguez, whose lifelong commitment to civil rights and economic justice inspires us all. I am proud to be his friend and to fight by his side against further exploitation of America's farmworkers.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, we rise to pay tribute to our good friend, Ron Prescott, the recipient this year of the Distinguished Educator Award from the Charter School of Education at California State University, Los Angeles. It is simply impossible to overstate the contribution that Ron has made to public education during the past 38 years. From his early post as a teacher in three inner-city schools to his current position as deputy superintendent for the Los Angeles Unified School District, Ron has devoted his life to improving our public schools and boosting educational opportunities for the young people of his community, State, and Nation. Ron launched his career in the 1960's as a teacher at two east Los Angeles schools and a third in south Los Angeles. His classes were filled with minority students to whom Ron committed his time, talents, and resources with enormous dedication. In addition to classroom teaching, Ron served as lead teacher for specially funded programs, master teacher and was the sponsor of a student intergroup program. Even after he left the classroom, Ron spent 3 years working as consultant on intergroup relations. From the early 1970's, Ron has held a number of key administrative posts with the Los Angeles Unified School District. From 1978-81, Ron served as deputy area administrator, providing support services for 55,000 students from 85 different cultural groups. From 1982-84, Ron was administrator for Student Adjustment Services. In this post, he was responsible for direct expulsion proceedings, foreign-student admissions, and liaison services and attendance accounting. In Ron's current position, deputy superintendent in the Office of Government Relations and Public Affairs, he oversees grants assistance, policy research and development, and Parent Community Services, among other duties and responsibilities. Ron has also worked with numerous outside organizations in the area of public education. In 1973, he founded the Tuesday Night Group, a Sacramento-based education coalition that remains active. He is also a current board member of Policy Analysis in California Education, and has served a term as president of EdSource (education policy research council). This is but a sampling of Ron's distinguished career in education. He has been honored by the California Legislature, Phi Delta Kappa, the Padres y Maestros de Aztlan, and the YMCA for his leadership in education and his service to youth. It is an honor to recognize his accomplishments today and to ask our colleagues to join us in saluting Ron Prescott, who has worked tirelessly throughout his career to make a better world for our children. His selflessness and sense of community are a shining example for us all.