To require warning labels on sexually explicit commercial e-mail.

TEXT OF AMENDMENTS

SA 1891. Mr. WYDEN (for himself and Mr. Burns) proposed an amendment
to the bill S. 877, to regulate interstate commerce by imposing
limitations and penalties on the transmission of unsolicited commercial
electronic mail via the Internet; as follows:

On page 37, line 12, after the comma, insert ``whether or
not not displayed,''.
On page 44, line 20, strike ``false or misleading.'' and
insert ``materially false or materially misleading.''.
On page 45, line 2, strike ``misleading; and'' and insert
``materially misleading;''.
On page 45, line 5, strike ``false or misleading.'' and
insert ``materially false or materially misleading; and''.
On page 45, between lines 5 and 6, insert the following:
``(C) if header information attached to a message fails to
identify a protected computer used to initiate the message
because the person initiating the message knowingly uses
another protected computer to relay or retransmit the message
for purposes of disguising its origin, then such header
information shall be considered materially misleading.''.
On page 49, between lines 11 and 12, insert the following:
(6) Materiality defined.--For purposes of paragraph (1), an
inaccuracy or omission in header information is material if
it would materially impede the ability of a party seeking to
allege a violation of this Act to locate the person who
initiated the message or to investigate the alleged
violation.
On page 50, beginning in line 24, strike ``establish'' and
insert ``register for''.
On page 51, after line 22, insert the following:
``(d) Supplementary Rulemaking Authority.--
The Commission may by rule--
``(1) modify the 10-business-day period under subsection
(a)(4)(A) or subsection (a)(4)(B), or both, if the Commission
determines that a different period would be more reasonable
after taking into account--
``(A) the purposes of subsection (a);
``(B) the interests of recipients of commercial electronic
mail; and
``(C) the burdens imposed on senders of lawful commercial
electronic mail; and
``(2) specify additional activities or practices to which
subsection (b) applies if the Commission determines that
those activities or practices are contributing substantially
to the proliferation of commercial electronic mail messages
that are unlawful under subsection (a).''
On page 58, beginning in line 16, strike ``jurisdiction or
in any other court of competent''.
On page 62, beginning in line 14, strike ``defendant, or in
any other court of competent jurisdiction, to--'' and insert
``defendant--''.
On page 65, beginning in line 7, strike ``for any such
statute, regulation, or rule that'' and insert ``to the
extent that any such statute, regulation, or rule''.
On page 65, line 16, strike ``State laws'' and insert
``other State laws to the extent that those laws relate''.
______

SA 1892. Mr. SCHUMER (for himself, Mr. Graham of South Carolina, Mr.
McCain, and Mr. Hollings) proposed an amendment to the bill S. 877, to
regulate interstate commerce by imposing limitations and penalties on
the transmission of unsolicited commercial electronic mail via the
Internet; as follows:

On page 66, strike lines 1 through 11 and insert the
following:

SEC. 9. DO-NOT-E-MAIL REGISTRY.

(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Commission shall transmit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Energy and Commerce
a report that--
(1) sets forth a plan and timetable for establishing a
nationwide marketing Do-Not-E-mail registry;
(2) includes an explanation of any practical, technical,
security, privacy, enforceability, or other concerns that the
Commission has regarding such a registry; and
(3) includes an explanation of how the registry would be
applied with respect to children with e-mail accounts.
(b) Authorization To Implement.--The Commission may
establish and implement the plan, but not earlier than 9
months after the date of enactment of this Act.
______

SA 1893. Mr. HATCH (for himself, Mr. Leahy, Mr. Nelson of Florida,
and Mr. Schumer) proposed an amendment to the bill S. 877, to regulate
interstate commerce by imposing limitations and penalties on the
transmission of unsolicited commercial electronic mail via the
Internet; as follows:

On page 43, beginning with line 11, strike through the
matter appearing between lines 10 and 11 on page 44 and
insert the following:

SEC. 4. PROHIBITION AGAINST PREDATORY AND ABUSIVE COMMERCIAL
E-MAIL.

(a) Offense.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1037. Fraud and related activity in connection with
electronic mail

``(a) In General.--Whoever, in or affecting interstate or
foreign commerce, knowingly--
``(1) accesses a protected computer without authorization,
and intentionally initiates the transmission of multiple
commercial electronic mail messages from or through such
computer,
``(2) uses a protected computer to relay or retransmit
multiple commercial electronic mail messages, with the intent
to deceive or mislead recipients, or any Internet access
service, as to the origin of such messages,
``(3) falsifies header information in multiple commercial
electronic mail messages and intentionally initiates the
transmission of such messages,
``(4) registers, using information that falsifies the
identity of the actual registrant, for 5 or more electronic
mail accounts or online user accounts or 2 or more domain
names, and intentionally initiates the transmission of
multiple commercial electronic mail messages from any
combination of such accounts or domain names, or
``(5) falsely represents the right to use 5 or more
Internet protocol addresses, and intentionally initiates the
transmission of multiple commercial electronic mail messages
from such addresses,

or conspires to do so, shall be punished as provided in
subsection (b).
``(b) Penalties.--The punishment for an offense under
subsection (a) is--
``(1) a fine under this title, imprisonment for more than 5
years, or both, if--

[[Page S13058]]

``(A) the offense is committed in furtherance of any felony
under the laws of the United States or of any State; or
``(B) the defendant has previously been convicted under
this section or section 1030, or under the law of any State
for conduct involving the transmission of multiple commercial
electronic mail messages or unauthorized access to a computer
system;
``(2) a fine under this title, imprisonment for not more
than 3 years, or both, if--
``(A) the offense is an offense under subsection (a)(1);
``(B) the offense is an offense under sub-section (a)(4)
and involved 20 or more falsified electronic mail or online
user account registrations, or 10 or more falsified domain
name registrations;
``(C) the volume of electronic mail messages transmitted in
furtherance of the offense exceeded 2,500 during any 24-hour
period, 25,000 during any 30-day period, or 250,000 during
any 1-year period;
``(D) the offense caused loss to 1 or more persons
aggregating $5,000 or more in value during any 1-year period;
``(E) as a result of the offense any individual committing
the offense obtained anything of value aggregating $5,000 or
more during any 1-year period; or
``(F) the offense was undertaken by the defendant in
concert with 3 or more other persons with respect to whom the
defendant occupied a position of organizer or leader; and
``(3) a fine under this title or imprisonment for not more
than 1 year, or both, in any other case.
``(c) Forfeiture.--
``(1) In general.--The court, in imposing sentence on a
person who is convicted of an offense under this section,
shall order that the defendant forfeit to the United States--
``(A) any property, real or personal, constituting or
traceable to gross proceeds obtained from such offense; and
``(B) any equipment, software, or other technology used or
intended to be used to commit or to facilitate the commission
of such offense.
``(2) Procedures.--The procedures set forth in section 413
of the Controlled Substances Act (21 U.S.C. 853), other than
subsection (d) of that section, and in Rule 32.2 of the
Federal Rules of Criminal Procedure, shall apply to all
stages of a criminal forfeiture proceeding under this
section.
``(d) Definitions.--In this section:
``(1) Loss.--The term `loss' has the meaning given that
term in section 1030(e) of this title.
``(2) Multiple.--The term `multiple' means more than 100
electronic mail messages during a 24-hour period, more than
1,000 electronic mail messages during a 30-day period, or
more than 10,000 electronic mail messages during a 1-year
period.
``(3) Other terms.--Any other term has the meaning given
that term by section 3 of the CAN-SPAM Act of 2003.''.
(2) Conforming amendment.--The chapter analysis for chapter
47 of title 18, United States Code, is amended by adding at
the end the following:

``Sec. 1037. Fraud and related activity in connection with electronic
mail.''.

(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission
shall review and, as appropriate, amend the sentencing
guidelines and policy statements to provide appropriate
penalties for violations of section 1037 of title 18, United
States Code, as added by this section, and other offenses
that may be facilitated by the sending of large quantities of
unsolicited electronic mail.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall consider providing sentencing
enhancements for--
(A) those convicted under section 1037 of title 18, United
States Code, who--
(i) obtained electronic mail addresses through improper
means, including--
(I) harvesting electronic mail addresses of the users of a
website, proprietary service, or other online public forum
operated by another person, without the authorization of such
person; and
(II) randomly generating electronic mail addresses by
computer; or
(ii) knew that the commercial electronic mail messages
involved in the offense contained or advertised an Internet
domain for which the registrant of the domain had provided
false registration information; and
(B) those convicted of other offenses, including offenses
involving fraud, identity theft, obscenity, child
pornography, and the sexual exploitation of children, if such
offenses involved the sending of large quantities of
unsolicited electronic mail.
(c) Sense of Congress.--It is the sense of Congress that--
(1) Spam has become the method of choice for those who
distribute pornography, perpetrate fraudulent schemes, and
introduce viruses, worms, and Trojan horses into personal and
business computer systems; and
(2) the Department of Justice should use all existing law
enforcement tools to investigate and prosecute those who send
bulk commercial e-mail to facilitate the commission of
Federal crimes, including the tools contained in chapters 47
and 63 of title 18, United States Code (relating to fraud and
false statements); chapter 71 of title 18, United States Code
(relating to obscenity); chapter 110 of title 18, United
States Code (relating to the sexual exploitation of
children); and chapter 95 of title 18, United States Code
(relating to racketeering), as appropriate.
______

SA 1894. Mr. McCAIN (for Mr. Enzi (for himself, Mr. Santorum, and Mr.
Hatch)) proposed an amendment to the bill S. 877, to regulate
interstate commerce by imposing limitations and penalties on the
transmission of unsolicited commercial electronic mail via the
Internet; as follows:

On page 51, after line 22, insert the following:
(d) Requirement To Place Warning Labels on Commercial
Electronic Mail Containing Sexually Oriented Material.--
(1) In general.--No person may initiate in or affecting
interstate commerce the transmission, to a protected
computer, of any unsolicited commercial electronic mail
message that includes sexually oriented material and--
(A) fail to include in subject heading for the electronic
mail message the marks or notices prescribed by the
Commission under this subsection; or
(B) fail to provide that the matter in the message that is
initially viewable to the recipient, when the message is
opened by any recipient and absent any further actions by the
recipient, includes only--
(i) to the extent required or authorized pursuant to
paragraph (2), any such marks or notices;
(ii) the information required to be included in the message
pursuant to subsection (a)(5); and
(iii) instructions on how to access, or a mechanism to
access, the sexually oriented material.
(2) Prescription of marks and notices.--Not later than 120
days after the date of the enactment of this Act, the
Commission in consultation with the Attorney General shall
prescribe clearly identifiable marks or notices to be
included in or associated with unsolicited commercial
electronic mail that contains sexually oriented material, in
order to inform the recipient of that fact and to facilitate
filtering of such electronic mail. The Commission shall
publish in the Federal Register and provide notice to the
public of the marks or notices prescribed under this
paragraph.
(3) Definition.--In this subsection, the term ``sexually
oriented material'' means any material that depicts sexually
explicit conduct (as that term is defined in section 2256 of
title 18, United States Code), unless the depiction
constitutes a small and insignificant part of the whole, the
remainder of which is not primarily devoted to sexual
matters.
(4) Penalty.--A violation of paragraph (1) is punishable as
if it were a violation of section 1037(a) of title 18, United
States Code.
______

SA 1895. Mr. HARKIN proposed an amendment to the bill S. 877, to
regulate interstate commerce by imposing limitations and penalties on
the transmission of unsolicited commercial electronic mail via the
Internet; as follows:

At the appropriate place add the following:

SECTION 1. SHORT TITLE.

This title may be cited as the ``Training for Realtime
Writers Act of 2003''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by
section 305 of the Telecommunications Act of 1996 (Public Law
104-104; 110 Stat. 126), the Federal Communications
Commission adopted rules requiring closed captioning of most
television programming, which gradually require new video
programming to be fully captioned beginning in 2006.
(2) More than 28,000,000 Americans, or 8 percent of the
population, are considered deaf or hard of hearing, and many
require captioning services to participate in mainstream
activities.
(3) More than 24,000 children are born in the United States
each year with some form of hearing loss.
(4) According to the Department of Health and Human
Services and a study done by the National Council on Aging--
(A) 25 percent of Americans over 65 years old are hearing
impaired;
(B) 33 percent of Americans over 70 years old are hearing
impaired; and
(C) 41 percent of Americans over 75 years old are hearing
impaired.
(5) The National Council on Aging study also found that
depression in older adults may be directly related to hearing
loss and disconnection with the spoken word.
(6) Empirical research demonstrates that captions improve
the performance of individuals learning to read English and,
according to numerous Federal agency statistics, could
benefit--
(A) 3,700,000 remedial readers;
(B) 12,000,000 young children learning to read;
(C) 27,000,000 illiterate adults; and
(D) 30,000,000 people for whom English is a second
language.
(7) Over the past 5 years, student enrollment in programs
that train court reporters to become realtime writers has
decreased significantly, causing such programs to close on
many campuses.

[[Page S13059]]

SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING
AND JOB PLACEMENT OF REALTIME WRITERS.

(a) In General.--The National Telecommunications and
Information Administration shall make competitive grants to
eligible entities under subsection (b) to promote training
and placement of individuals, including individuals who have
completed a court reporting training program, as realtime
writers in order to meet the requirements for closed
captioning of video programming set forth in section 723 of
the Communications Act of 1934 (47 U.S.C. 613) and the rules
prescribed thereunder.
(b) Eligible Entities.--For purposes of this Act, an
eligible entity is a court reporting program that--
(1) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of
training realtime writers qualified to provide captioning
services;
(2) is accredited by an accrediting agency recognized by
the Department of Education; and
(3) is participating in student aid programs under title IV
of the Higher Education Act of 1965.
(c) Priority in Grants.--In determining whether to make
grants under this section, the Secretary of Commerce shall
give a priority to eligible entities that, as determined by
the Secretary of Commerce--
(1) possess the most substantial capability to increase
their capacity to train realtime writers;
(2) demonstrate the most promising collaboration with local
educational institutions, businesses, labor organizations, or
other community groups having the potential to train or
provide job placement assistance to realtime writers; or
(3) propose the most promising and innovative approaches
for initiating or expanding training and job placement
assistance efforts with respect to realtime writers.
(d) Duration of Grant.--A grant under this section shall be
for a period of two years.
(e) Maximum Amount of Grant.--The amount of a grant
provided under subsection (a) to an entity eligible may not
exceed $1,500,000 for the two-year period of the grant under
subsection (d).

SEC. 4. APPLICATION.

(a) In General.--To receive a grant under section 3, an
eligible entity shall submit an application to the National
Telecommunications and Information Administration at such
time and in such manner as the Administration may require.
The application shall contain the information set forth under
subsection (b).
(b) Information.--Information in the application of an
eligible entity under subsection (a) for a grant under
section 3 shall include the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training
and assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion
of training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the
grant period, including any partnerships or arrangements
established for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants
under section 3(c).
(7) Such other information as the Administration may
require.

SEC. 5. USE OF FUNDS.

(a) In General.--An eligible entity receiving a grant under
section 3 shall use the grant amount for purposes relating to
the recruitment, training and assistance, and job placement
of individuals, including individuals who have completed a
court reporting training program, as realtime writers,
including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) development of curriculum to more effectively train
realtime writing skills, and education in the knowledge
necessary for the delivery of high-quality closed captioning
services;
(5) assistance in job placement for upcoming and recent
graduates with all types of captioning employers;
(6) encouragement of individuals with disabilities to
pursue a career in realtime writing; and
(7) the employment and payment of personnel for such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient
of the scholarship for financial assistance, and determined
in accordance with part F of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the
National Telecommunications and Information Administration to
provide realtime writing services for a period of time (as
determined by the Administration) that is appropriate (as so
determined) for the amount of the scholarship received.
(3) Coursework and employment.--The Administration shall
establish requirements for coursework and employment for
recipients of scholarships under subsection (a)(2), including
requirements for repayment of scholarship amounts in the
event of failure to meet such requirements for coursework and
employment. Requirements for repayment of scholarship amounts
shall take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as
realtime writers.
(c) Adminstrative Costs.--The recipient of a grant under
section 3 may not use more than 5 percent of the grant amount
to pay administrative costs associated with activities funded
by the grant.
(d) Supplement not Supplant.--Grants amounts under this Act
shall supplement and not supplant other Federal or non-
Federal funds of the grant recipient for purposes of
promoting the training and placement of individuals as
realtime writers.

SEC. 6. REPORTS.

(a) Annual Reports.--Each eligible entity receiving a grant
under section 3 shall submit to the National
Telecommunications and Information Administration, at the end
of each year of the grant period, a report on the activities
of such entity with respect to the use of grant amounts
during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of
grant amounts by the entity during such year, including an
assessment by the entity of the effectiveness of activities
carried out using such funds in increasing the number of
realtime writers. The assessment shall utilize the
performance measures submitted by the entity in the
application for the grant under section 4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant
for increasing the number of individuals who are trained,
employed, and retained in employment as realtime writers.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
Act, amounts as follows:
(1) $20,000,000 for each of fiscal years 2004, 2005, and
2006.
(2) Such sums as may be necessary for fiscal year 2007.
______

SA 1896. Mr. McCAIN (for Mr. Corzine (for himself and Mr. Graham of
South Carolina)) proposed an amendment to the bill S. 877, to regulate
interstate commerce by imposing limitations and penalties on the
transmission of unsolicited commercial electronic mail via the
Internet; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVING ENFORCEMENT BY PROVIDING REWARDS FOR
INFORMATION ABOUT VIOLATIONS; LABELING.

(a) In General.--The Commission shall transmit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Energy and
Commerce--
(1) a report, within 9 months after the date of enactment
of this Act, that sets forth a system for rewarding those who
supply information about violations of this Act, including--
(A) procedures for the Commission to grant a reward of not
less than 20 percent of the total civil penalty collected for
a violation of this Act to the first person that--
(i) identifies the person in violation of this Act; and
(ii) supplies information that leads to the successful
collection of a civil penalty by the Commission; and
(B) procedures to minimize the burden of submitting a
complaint to the Commission concerning violations of this
Act, including procedures to allow the electronic submission
of complaints to the Commission; and
(1) a report, within 18 months after the date of enactment
of this Act, that sets forth a plan for requiring unsolicited
commercial electronic mail to be identifiable from its
subject line, by means of compliance with Internet
Engineering Task Force standards, the use of the characters
``ADV'' in the subject line, or other comparable identifier,
or an explanation of any concerns the Commission has that
cause the Commission to recommend against the plan.
(b) Implementation of Reward System.--The Commission may
establish and implement the plan under subsection (a)(1), but
not earlier than 12 months after the date of enactment of
this Act.
______

SA 1897. Mr. FRIST (for Mr. Bunning) proposed an amendment to

[[Page S13060]]

the concurrent resolution S. Con. Res. 21, expressing the sense of the
Congress that community inclusion and enhanced lives for individuals
with mental retardation or other developmental disabilities is at
serious risk because of the crisis in recruiting and retaining direct
support professionals, which impedes the availability of a stable,
quality direct support workforce; as follows:

In section 2, strike ``ensure'' and insert ``promote''.
______

SA 1898. Mr. FRIST (for Mr. Bunning) proposed an amendment to the
concurrent resolution S. Con. Res. 21, expressing the sense of the
Congress that community inclusion and enhanced lives for individuals
with mental retardation or other development disabilities is at serious
risk because of the crisis in recruiting and retaining direct support
professionals, which impedes the availability of a stable, quality
direct support workforce; as follows:

In the first whereas clause of the preamble, before the
semicolon, insert ``, including mental retardation, autism,
cerebral palsy, Down syndrome, epilepsy, and other related
conditions''.
Strike the second whereas clause of the preamble.
Strike the eighth whereas clause of the preamble.
Strike the ninth whereas clause of the preamble.

____________________