Howard Coble

Mr. COBLE

Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on S. 2193, the bill under consideration.

Mr. COBLE

Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the gentleman from California just referred to my friend from Oregon as a Bearcat. I never heard that before, but it is probably applicable. I agree with the gentleman from California, the gentleman from Oregon (Mr. Smith) will indeed be missed. Mr. Speaker, I yield 1 minute to the gentleman from Oregon (Mr. Smith).

Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this is a noncontroversial measure which, incidentally, has already passed this House as a portion of H.R. 400, the Plant Patent Amendments Act of 1997. It will serve as a needed complement to current plant patent law. Briefly, since 1930, the Patent Act has permitted inventors to obtain plant patents. Individuals wishing to skirt protections available under the law have discovered a loophole, however, by trading in plant parts taken from illegally-produced plants. H.R. 1197 closes this loophole by explicitly protecting plant parts to the same extent as plants under the Patent Act. This bill, Mr. Speaker, is identical to language that was contained in an omnibus patent legislation passed earlier in the term that has since died in the Senate. There is no opposition to the bill, and I urge its adoption, as it will benefit American patent holders and the plant producers who honor their work by paying the necessary royalties. Mr. Speaker, I reserve the balance of my time.

Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the bill under consideration.

Mr. COBLE. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. COBLE

Mr. COBLE. Madam Speaker, I yield myself such time as I may consume.

Mr. COBLE. Madam Speaker, I move to suspend the rules and pass the Senate bill ( S. 1892) to provide that a person closely related to a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purposes, as amended.

Mr. COBLE. Madam Speaker, I yield myself such time as I may consume. I rise in support of S. 1892, a bill to provide that a person closely related to a judge of Federal court may not be appointed as a judge of the same court. The integrity of our Federal court system is a paramount concern for this Congress, and this bill further insures that a citizen litigant will know that an individual appointed to the bench was done so out of merit and not out of nepotism. This bill has no known opposition to me and was passed by the Senate unanimously by voice vote. The Senate version we consider today is virtually identical to the House version introduced by the gentlewoman from Washington (Ms. Dunn). I want to commend her on her interest, leadership and diligence in bringing this bill to the floor, and I urge my colleagues to support this legislation. Madam Speaker, I reserve the balance of my time.

Mr. COBLE. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on the bill under consideration.

Mr. COBLE. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. COBLE

Mr. COBLE. I thank the gentleman for yielding me this time, Madam Speaker. This has been a long, extended journey that we have traveled. The gentleman from Wisconsin and I have slugged it out literally as well as figuratively on this matter, but I think tonight we are finally in the position to maybe put it to bed. I rise in support of the bill, S. 505, Madam Speaker. Copyright extension is essential legislation that will ensure that the United States will continue to receive the enormous export revenues that it does today from the sale of its copyrighted works abroad. At the same time, S. 505 resolves the question of music licensing fees for restaurants and small businesses. I want to applaud the efforts of the parties and Members involved in negotiating the music licensing agreement. This legislation is the result of much hard work and diligent negotiation. I want to express my thanks to the Speaker the gentleman from Georgia (Mr. Gingrich) for his efforts in bringing the parties together. I also want to express my thanks to the gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from Florida (Mr. McCollum) for their work in bringing about a fair resolution. It was no small task. Of course, I would be remiss if I did not mention the late Mr. Bono, the gentleman from California, regarding his work and interest in the copyright extension feature of this. S. 505 will give the United States economy 20 more years of foreign sales revenue from movies, books, records and software products sold abroad. We are by far the world's largest producer of copyrighted works and the copyright industries give us one of our most significant trade surpluses. The European Union countries, pursuant to a directive, have adopted domestic laws which would protect their own works for 20 years more than they protect American works. This bill would correct that by granting to the United States works the same amount of protection which under international agreements requires reciprocity. This bill is also good for consumers, Madam Speaker. When works are protected by copyright, they attract investors who can exploit the work for profit. That in turn brings the work to the consumer who may enjoy it at the movie theater, in a home, in an automobile, or in a retail establishment. Finally, the bill addresses the concern of restaurants and small businesses regarding the payment of licensing fees for the use of music broadcasts over the radio or television. It gives qualifying establishments an exemption from paying music licensing fees and forums in addition to the Southern District of New York which the gentleman from Wisconsin previously mentioned in which to challenge the reasonableness of the fees charged. I believe this bill protects small business interests which represent a key sector of our society. This bill, Madam Speaker, recognizes the importance of the business community, the small business community in particular. That is, the entrepreneurs who operate restaurants across our land but at the same time recognizes the importance and the obvious significance of our maintaining a sound copyright system. I urge Members to vote ``yes'' on S. 505.

Mr. COBLE

Mr. COBLE. Mr. Speaker, I thank the gentleman from Virginia and commend him for the diligent hard work that he has put forward on this bill, and I urge my colleagues to support it. Mr. Speaker, H.R. 3891 safeguards the ability of manufacturers to control the use of their products with which valuable marks are associated by protecting the integrity of corresponding ``product identification codes'' contained in product packaging. These codes, Mr. Speaker, comprised of numbers, letters, symbols, or expiration markings affixed to goods, enable manufacturers, it seems to me, to trace products back to a particular production lot, batch, or date of removal. In my opinion, this bill will further legitimate commercial interests, maintain the value of trademarks affiliated with goods, and promote public health and safety. Finally I should note, and I am not sure this has been mentioned yet, that H.R. 3891 contains an ``innocent infringer'' exception to the bill adopted during subcommittee markup, and other changes which the gentleman from Virginia (Mr. Goodlatte) has authored to preserve the ability of distributors to engage in lawful diversion of products. These additions to the bill, it seems to me, will ensure that public health and safety will be advanced on the one hand, but not on the other hand, at the expense of lawful commercial practices. Mr. Speaker, I again thank the gentleman from Virginia for his work in bringing the bill to the floor, and I urge its adoption today.

Mr. COBLE

Mr. COBLE. Pursuant to clause 1 of rule XX and by direction of the Committee on the Judiciary, I move to take from the Speaker's table the bill (H.R. 2281), to amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes, with a Senate amendment thereto, disagree to the Senate amendment, and agree to the conference asked by the Senate. I have consulted, Mr. Speaker, with the minority prior to making this motion. This is only a motion to go to conference.

Mr. COBLE

Mr. COBLE. Mr. Speaker, the American Dream is alive and flourishing. If you do not believe it, just examine the life of Eddie Smith of Lexington, North Carolina. Eddie celebrated his 80th birthday on September 13, with 400 friends, dancing to the beat of his favorite beach music. Smith might be one of the few octogenarians around who scuba dives, races Ferraris, and flies his own plane. Eddie Smith was born in Wake County, North Carolina. Orphaned at the age of 10, he was brought to Lexington with his sister and two brothers to live at the Junior Order Orphanage. After graduation in 1937, he remained in Lexington where he began working as an usher at the Carolina Theater, and it was there that he met his future wife, Sarah Lanier. After his job at the Carolina Theater, Eddie drove a taxicab before starting his own business, National Wholesale Company in 1952. As his business prospered, Eddie shared his good fortune with the community that helped to raise him. He has served as Mayor of Lexington, on the City Council, as Chairman of the Chamber of Commerce, Chairman of Davidson County Community College, Chairman of First Union National Bank, and Chairman of Lexington Memorial Hospital. An eternal optimist and visionary, Smith refused to see the old Carolina Theater become a pornographic theater and led an effort to restore the building and create one of the most beautiful Civic Centers in our state. He has been Chairman of the Civic Center, which is named in his honor, for 20 years. He is presently chairing a fund drive to further renovate the Civic Center to make it a state-of-the-art facility. An inveterate jogger, Smith found a woman in the street, on one of his early morning jogs, who had run away from an abusive husband during the night after being severely beaten. After hours of trying to find a shelter for this woman, he realized that there was a tremendous need in Davidson County for a Domestic Violence Shelter and spear-headed the effort to establish Family Services of Davidson County. This organization assists hundreds of abused families each year. Through the Edward C. Smith Foundation, he has given many young people the opportunity to earn the college education which he never had. He is an avid supporter of the University of North Carolina at Chapel Hill where both of his children graduated. Eddie Smith, Jr., lives in Greenville, North Carolina, and is Chairman and CEO of Grady- White Boats. Lynda Smith Swann lives in Lexington and is co-owner of the National Wholesale Company. Eddie was married to his wife, Sarah, for 58 years until her death on January 24, 1998. He has 3 grandchildren and three great grandchildren. A colleague once described Eddie Smith's life in this way. ``Eddie Smith has been richly blessed by God, and he has chosen to use his blessings to bless others.'' These are just a few examples of the tremendous contribution that Eddie Smith has made during his 80 young years. I want to take this opportunity to wish Eddie a happy 80th birthday and to thank him for his many years of service to the citizens of North Carolina. Without a doubt, Eddie epitomizes what our forefathers envisioned when they established this great country over 200 years ago.

Mr. COBLE

Mr. COBLE. Mr. Speaker, many have compared President Clinton's problems with Watergate. There are similarities as well as distinctions. A probable similarity is this: If President Nixon and President Clinton had offered sincere apologies in timely fashions, their respective problems would likely have been resolved. If, when initially confronted, they had responded truthfully in a manner worthy of their high office, the severity of their problems likely would have diminished: ``American people, I made a mistake. I disappointed you. I let you down. I ask your forgiveness.'' If such requests had been timely extended, forgiveness would likely have been forthcoming, because Americans by nature are a forgiving people. I am applying hindsight, Mr. Speaker, which is nearly always 20/20. But the time for forgiveness may have passed, and now this demanding task of resolving the matter is upon this, the people's House. The success of our Constitution is measured with the courage of those in whom it vests powers to carry them out in a just and appropriate manner. This resolution will assure that the Committee on the Judiciary is able to ascertain what we need to do to accomplish that task.

Mr. COBLE

Mr. COBLE. Mr. Speaker, a few weeks ago a letter was sent to President Clinton, signed by 90 members of the House and Senate, urging the President to ``undertake all appropriate steps to strengthen U.S.- Moroccan cooperation.'' I signed this letter because I strongly believe that we should stand by our friends in the world. Morocco has for years been a loyal American ally in a region fraught with peril. It is a constitutional monarchy with a free and democratically-elected government. Led by King Hassan, Morocco is committed to free trade, privatization and a free-market economy. In the past year, there has been more than a 300-percent increase in direct investment from the United States. Morocco would like to see our relationship grow--working together in the region and in mutually-beneficial trade development. We all know that the key to the future, especially for America's economic health is to create more markets and greater stability for U.S. companies to expand around the world. This is why American support for our ally Morocco is just as crucial today as it has been in the past.

Mr. COBLE

Mr. COBLE. Madam Speaker, I yield 3\1/2\ minutes to the gentleman from Virginia (Mr. Goodlatte) a member of the subcommittee and the full committee. (Mr. GOODLATTE asked and was given permission to revise and extend his remarks.)

Mr. COBLE. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I thank everybody who has contributed to this exercise today. The creative ingenuity of the people of this country is responsible for our identification, culture, and not insignificantly large trade surplus. This has only come about because this country, through the work of the congressional judiciary committees down through the years, has enacted laws which protect intellectual property. Our Founding Fathers, Madam Speaker, knew that a constitutional protection would be necessary in order to encourage Congress to create an incentive for creators. I am proud that this Congress and our subcommittee on the Committee on the Judiciary specifically have stood up for property rights of all kinds, both real property and intellectual property. I urge passage of the bill. Madam Speaker, I reserve the balance of my time.

Mr. COBLE. Madam Speaker, I yield back the balance of my time.

Mr. COBLE. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I want to say to the gentleman from California, he said he would remember the gentleman from Massachusetts (Mr. Frank). I hope he remembers that both of us worked to accommodate him today when he has the gavel in his hand next year. Finally, this has obviously been a team effort, Madam Speaker. Oftentimes we hear charges accusing us of being a do-nothing Congress. I think this piece of legislation today pretty well refutes that charge. Much good has been done in this session of the Congress, and today has been no exception. I thank everyone again for having contributed very favorably to this dialogue today.

Mr. COBLE. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 2281) to amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, as amended.

Mr. COBLE. Madam Speaker, I ask unanimous consent that the gentleman from Virginia (Mr. Bliley), the chairman of the Committee on Commerce, be allowed to control 10 of my 20 minutes.

Mr. COBLE. Madam Speaker, I ask unanimous consent that all Members may have 10 legislative days within which to revise and extend their remarks on the bill under consideration.

Mr. COBLE. Madam Speaker, I yield myself such time as I may consume. Oftentimes when significant legislation comes to the floor, it is described as landmark legislation. At the risk of being presumptuous and immodest, I think this may well indeed be landmark legislation. This bill will implement two treaties which are extremely important to ensure the adequate protection for American works in countries around the world, particularly at a time when the digital environment now allows users to send and retrieve perfect copies of copyrighted material over the Internet. While digital dissemination of copies will benefit owners and consumers, it will unfortunately also facilitate pirates who aim to destroy the value of American intellectual property. In compliance with the treaties, H.R. 2281 makes it unlawful to defeat technological protections used by copyright owners to protect their works, including preventing unlawful access and targeting devices made to circumvent encrypted copyrighted material. It also makes it unlawful to deliberately alter or delete information provided by a copyright owner which identifies a work, its owners, and its permissible use. H.R. 2281, Madam Speaker, is a comprehensive copyright bill that adds substantial value to our copyright law. It represents five years of research, debate, hearings and negotiations. It is only the beginning of Congress' evaluation of the impact of the digital age on copyrighted works. Although it is just a beginning, it is essential to maintain the United States' position as the world leader in the protection of intellectual property in the digital environment. H.R. 2281 also represents the collective efforts of many. In particular I want to commend the gentleman from Illinois (Mr. Hyde), the chairman of the Committee on the Judiciary; the gentleman from Michigan (Mr. Conyers), the ranking member of the Committee on the Judiciary; and the gentleman from Massachusetts (Mr. Frank), the ranking member of the Subcommittee on Courts and Intellectual Property. H.R. 2281, Madam Speaker, in my opinion is necessary legislation to ensure the protection of copyrighted works as the world moves into the digital environment. I urge its passage. Madam Speaker, I reserve the balance of my time.

Mr. COBLE

Mr. COBLE. Mr. Speaker, the United States Coast Guard has made America a better place to live for 208 years. As members of this country's oldest seagoing service, the men and women of our Coast Guard continue to do what they have always done; save lives and property at sea; ensure a safe, efficient maritime transportation system; protect and preserve our precious marine resources and environment; enforce laws and treaties in the maritime region; and defend our national security. With a force smaller than the New York City Police Department, or Coast Guard carries out these vital missions in this country's ports and waterways, along its 47,000 miles of coastline, lakes and rivers, on international waters or in any maritime region as required to support national security. On August 4, 1790, the Congress authorized 10 revenue cutters requested by Alexander Hamilton, our country's first Secretary of the Treasury, for the purpose of interdicting violators of U.S. customs laws. This was the birth of the essential and fiercely proud service that continues its 24-hour-a-day, seven-day-a-week vigilance against a host of transnational dangers, including pollution, illegal migration, international drug trafficking and terrorism. From Medal of Honor winner Douglas Munro, who while manning the machine gun on his Higgins Boat, gave his life after saving more than 500 Marines off the beach at Guadalcanal, to Lieutenant Jack Rittichier, who received the Silver Star posthumously after his rescue helicopter was shot down by North Vietnamese automatic weapons fire during his attempts to rescue a downed American fighter pilot, to today's elite force ready to deploy on a moment's notice in support of our Unified Commanders-in-Chief; from 18th Century heroine Ida Lewis, who saved countless lives during nearly 50 years of keeping the lamp lit at Lime Rock lighthouse, to what is unquestionably the world's premier maritime life-saving and life-protecting service; from Hell Roarin' Mike Healy who patrolled Territorial Alaskan waters as Captain of the legendary Coast Guard Cutter Bear, stopping fur seal poachers and breaking arctic ice in order to survey unchartered waters, to cutters and aircraft pioneering the fight against water pollution and engaged in protecting the vital living marine resources within our country's 200-mile Exclusive Economic Zone, acts of heroism, courage and commitment symbolize what the U.S. Coast Guard is all about--and what the brave young men and women of this armed service mean to our freedom and security. This essential government agency, which has ably served the American people in war as well as peacetime, will observe its 208th birthday on August 4, 1998. The Coast Guard's motto rings just as true today as it did in 1790, SEMPER PARATUS, ALWAYS READY! Let us all share in the pride and satisfaction enjoyed by its dedicated members on this important occasion.