6/14. The House Ways and Means Committee amended and approved HR 4520, the "American Jobs Creation Act of 2004". This bill would, among other things, repeal the extraterritorial income (ETI) tax regime.

The World Trade Organization (WTO) ruled that the Foreign Sales Corporation (FSC) tax regime, and its replacement, the ETI tax regime, constitute illegal export subsidies, and authorized the EU to impose up to $4 Billion in retaliatory tariffs. U.S. technology companies have benefited from the FSC and ETI tax regimes. On the other hand, U.S. technology companies that sell products and services abroad are harmed by trade tariffs, trade barriers and trade wars.

See, story titled "EU Imposes FSC/ETI Sanctions" in TLJ Daily E-Mail Alert No. 847, March 2, 2004.

The Committee was in session from 5:30 PM until shortly before midnight, with one break for voting on the House floor. The Committee approved an amendment in the nature of a substitute [424 pages in PDF] offered by Rep. Bill Thomas (R-CA), the Chairman of the Committee.

The Committee also approved, by unanimous voice vote, an amendment to Rep. Thomas's amendment that removed Section 692 of the Chairman's amendment, which pertained to churches. The Committee considered numerous other amendments, all of which were offered by Democrats; all of these were either withdrawn or defeated.

Rep. Thomas (at left) read an opening statement at the outset. He stated that "Our immediate goal is to end European sanctions on thousands of U.S. products -- these trade barriers are hurting American farmers, manufacturing workers and consumers. This legislation will end the escalating tariffs by repealing the FSC-ETI tax regime."

He continued that "But repealing FSC-ETI alone would result in a tax increase on U.S. businesses when economic growth and job creation is strong, but fragile. By ending this tax benefit for American business, we would be shortsighted if we did not also provide a tax relief alternative to American producers -- both large and small. This is why this bill reduces the top corporate tax rate from 35 percent to 32 for domestic manufacturers and small corporations. We also provide significant help to small businesses with important S-Corp reforms and investment incentives, among other provisions."

"A third important component of this bill is that it minimizes double taxation and simplifies complex international tax law. By doing so, it levels the playing field for American businesses competing in a worldwide economy, and encourages them to keep jobs in the United States", concluded Rep. Thomas.

While the original purpose of the bill is to address rulings of the WTO, there was little debate over the necessity of remedying the WTO identified aspects of the tax code. Rather, Democrats argued at length that the bill has also become a vehicle for a large number of tax breaks that are unrelated to the international trade problem at hand.

Rep. Jim McDermott (D-WA) said that the bill is a "Christmas tree", and that ornaments are continually being added to win more votes in support of the bill. He brought a small Christmas tree to the meeting. Rep. McDermott has a long history of being theatrical.

Rep. Charles Rangel (D-NY), the ranking Democrat on the Committee, also read an opening statement at the beginning of the meeting. He stated that "The last I remembered, we were faced with a World Trade Organization problem and that, because we refused to fix it, we were going to be penalized some $4 billion dollars in tariffs -- which they already started placing against our exporters. You have taken this $4 billion problem and turned it into a $140 billion tax cut."

He mocked Rep. Thomas for the rushed consideration of the bill, but added, "I want this bill to reach the floor as fast as possible, because it stinks to high heaven ..."

This bill would repeal the exclusion for extraterritorial income. The Joint Committee on Taxation (JCT) estimates that this will result in increased tax revenues of over $49 Billion over ten years.

It would also reduce the top corporate tax rate from 35% to 32%, over several years, for domestic manufacturers, producers, farmers, and small corporations. The JCT estimates that this will result in decreased tax revenues of over $78 Billion over ten years.

However, the bill also contains numerous changes to current tax law that would increase tax revenues. One of these is the provision limiting the deduction for contributions of intellectual property, which the JCT estimates will result in increased tax revenues of over $3.6 Billion over ten years. See, following story titled "Ways and Means Committee Approves Bill to Limit Deductions for IP Contributions".

The Senate has already passed a bill that the addressed the rulings of the WTO. On May 11, 2004, the Senate passed S 1637, the "Jumpstart Our Business Strength (JOBS) Act".

The Thomas amendment was adopted by a voice vote. Then, the bill, as amended, was passed on a roll call vote of 27-9. All Republicans voted for the bill. Three Democrats voted for the bill -- Rep. William Jefferson (D-LA), Rep. John Tanner (D-TN), and Rep. Max Sandlin (D-TX). Several other Democrats did not vote.

Rep. Thomas spoke with reporters after the meeting. He predicted that the full House will consider the bill on Thursday, June 17. He added, "Oh, I think it will pass."

Rep. Thomas commented after the meeting that Rep. Jefferson and Rep. Tanner have a record of being supportive of international trade. See, for example, story titled "House Passes Trade Promotion Authority Bill" in TLJ Daily E-Mail Alert No. 323, December 7, 2001.

See also, stories titled "Grassley and Baucus Organize Meeting on FSC/ETI Issue" in TLJ Daily E-Mail Alert No. 511, September 18, 2002; "Deputy Treasury Secretary Addresses FSC/ETI and WTO Rulings" in TLJ Daily E-Mail Alert No. 526, October 9, 2002; "Rep. Thomas Writes Colleagues Re FSC Dispute" in TLJ Daily E-Mail Alert No. 622, March 13, 2003; "WTO Authorizes FSC/ETI Related Tariffs" in TLJ Daily E-Mail Alert No. 657, May 8, 2003; "Legislators Introduce Bills to Repeal ETI Regime and Extend R&D Tax Credit" in TLJ Daily E-Mail Alert No. 715, August 11, 2003; "Senate Finance Committee Approves FSC/ETI Replacement Bill" in TLJ Daily E-Mail Alert No. 753, October 6, 2003; and "Sen. Grassley Meets with Lamy Re FSC/ETI" in TLJ Daily E-Mail Alert No. 771, November 4, 2003.

See also, TLJ news analysis titled "The FSC Tax Bill and Technology Exporters", November 17, 2000.

6/14. The House Ways and Means Committee amended and approved HR 4520, the "American Jobs Creation Act of 2004", a bill that would, among other things, limit the deduction available under Section 170 of the Internal Revenue Code for contributions of intellectual property.

In 1958, Internal Revenue Service (IRS) Revenue Ruling 58-260 confirmed the deductibility of donated patents. However, in recent years, some legislators, and especially Sen. Charles Grassley (R-IA), the Chairman of the Senate Finance Committee, have argued that the regime has been abused.

In addition, the Internal Revenue Service (IRS) announced in December of 2003 that it will crack down on excessive claims of deductions. The IRS notice [3 pages in PDF] and story titled "IRS Plans Crack Down on Charitable Contributions Deductions Involving Transfers of Intellectual Property" in TLJ Daily E-Mail Alert No. 805, December 23, 2003.

The Committee approved an amendment in the nature of a substitute [424 pages in PDF] offered by Rep. Bill Thomas (R-CA), the Chairman of the Committee. Section 682 of HR 4520 contains language limiting deductions for charitable contributions of intellectual property, including patents and copyrights, to non-profit entities, such as universities.

26 U.S.C. § 170 addresses charitable contributions and gifts. Subsection 170(e) addresses "contributions of ordinary income and capital gain property". First, HR 4520 would amend this section to read, in part, that "The amount of any charitable contribution of property otherwise taken into account under this section shall be reduced by the sum of (A) the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution), and (B) in the case of a charitable contribution ... of any patent, copyright ... trademark, trade name, trade secret, know-how, software ... or similar property, or applications or registrations of such property". (Parentheses in original.)

In addition, for twelve years following the contribution, the taxpayer who donated the intellectual property would be able to also treat as a charitable contribution certain income received by the donee of that intellectual property from that intellectual property. Section 682 provides a table that lists the percentage of such income that could be treated as a charitable contribution. It starts at 100% for the first year after the contribution, and steadily declines to 10% for the 12th year.

A staff member of the Ways and Means Committee offered a very brief explanation of Section 682 of HR 4520. There were no questions for staff. There was no discussion. No amendments were offered. This Section 682 now goes to the House floor as a part of HR 4520.

There is a similar provision in the Senate's ETI repeal bill, S 1637, the "Jumpstart Our Business Strength (JOBS) Act". The Senate passed this bill on May 11, 2004.

The Joint Committee on Taxation (JCT) estimates that this section will result in increased tax revenues of $274 Million in FY 2005, and total increased tax revenues of $3,653 Million over ten years.

That is, technology companies that make contributions of intellectual property will be harmed by this section. On the other hand, the bill also extends the R&D tax credit, which benefits many large technology companies. See, related story titled "Ways and Means Committee Votes to Extend Research and Development Tax Credit".

6/14. The House Ways and Means Committee amended and approved HR 4520, the "American Jobs Creation Act of 2004", a bill that would, among other things, extend for 18 months the research and development tax credit.

HR 4520 extends the research and development tax credit, which is scheduled to expire on June 30, 2004, through December 31, 2005. The R&D tax credit is found at 26 U.S.C. § 41. The sunset provision is found at Section 41(h)(1). The R&D tax credit is a perennial issue in Congress. The credit was first enacted in 1981 as a temporary measure, and has been extended every few years since then.

Rep. Bill Thomas's (D-CA) amendment in the nature of a substitute [424 pages in PDF], which was approved by the Committee, further provides that the extension of the R&D tax credit is effective for expenditures paid or incurred after June 30, 2004.

The Joint Committee on Taxation estimates that this extension will result in decreased tax revenues of $7,560 Million over ten years, with most of the decrease coming in FY 2005 and FY 2006.

Three members of the Committee, Rep. Thomas, Rep. Ben Cardin (D-MD), and Rep. Nancy Johnson (R-CT) spoke in support of the extension.

The bill merely extends the tax credit. Rep. Cardin advocated revising the credit to take into consideration biotechnology research and development. He also referenced a bill pertaining to biotechnology -- perhaps HR 2968, the "Biotechnology Future Investment Expansion Act of 2003".

Rep. Thomas pointed out that the administration is studying this issue and preparing a report. He urged the administration to speed its work on this study. He said that since the extension is for only 18 months, the Congress will revisit this issue in less that 18 months, and should have the administration's report by that time.

George Jenner, the acting Assistant Secretary for Tax Policy at the Treasury Department, said that the administration has no deadline for the report.

Rep. Johnson pressured Jenner to complete the report. She has for many years sponsored legislation in the House to make the R&D tax credit permanent. Her bills have obtained many cosponsors, but have never become law.

6/14. The House Ways and Means Committee amended and approved HR 4520, the "American Jobs Creation Act of 2004", a bill that would, among other things, provide for collection of taxes by private sector entities.

The Committee approved an amendment in the nature of a substitute [PDF] offered by Rep. Bill Thomas (R-CA), the Chairman of the Committee.

This was one of the most debated issues at the meeting. The opponents, Democrats all, articulated several different reasons for opposing this section. Some argued that it would transfer a core governmental function to the private sector. Some argued that private tax collectors would be unaccountable and would violate taxpayer rights and the Fair Debt Collection Practices Act (FDCPA). Some argued that this section is unfair to IRS workers. Some argued that the Internal Revenue Service (IRS) could collect taxes on a more cost effective basis that private collectors, who would receive 25% contingency fees.

However, one recurring theme of opposition was technology related. Proponents argued that the proposal makes sense because private sectors will be more effective because they possess and maintain electronic databases that will enable them to track down taxpayers. Opponents responded that this proposal will result in the transfer of a large amount of personally identifying information, including names, addresses, phone numbers, taxpayer identification numbers, and social security numbers, to private companies, without effective controls. The consequence, some argued, will be loss of privacy, loss of reputation, and identity theft.

George Jenner, the acting Assistant Secretary for Tax Policy at the Treasury Department, explained and defended this proposal on behalf of the Treasury Department. He said, "we strongly favor this position."

Jenner did not expressly mention private sector databases. However, during a long debate over why private collection agencies would do a better job than the IRS, Rep. Thomas interjected that "private debt collectors have a number of ways that they can locate someone", while the IRS generally only has the addresses provided on tax returns. He added that "it is in essence a locating structure".

At another point, Rep. Amo Houghton (R-NY), a leading supporter of this proposal, explained that "we are just falling behind" on "electronic transition" at the IRS.

Rep. Xavier Becerra (D-CA) questioned Jenner about the proposal. He asked "What happens to all of that confidential, private, taxpayer information that these contractors have possessed and learned about during the period of the contract, after the contract?" Jenner then spoke, but did not provide a responsive answer.

Rep. Becerra also questioned Jenner about the information that would be transferred. For example, he asked if the taxpayer's tax identification number would be transferred. Jenner said "Um, probably, yes." He added, "That is correct." Jenner also indicated in response to Rep. Becerra's questions that names, phone numbers and addresses would be transferred.

Rep. Becerra also pointed out that for most individual taxpayers, the taxpayer identification number is the taxpayer's social security number.

He also asked what would be the consequences of disclosure of this information.

Rep. Rob Portman (R-OH) defended the proposal. He said, "It is not accurate to say that these private collection agencies would have this sensitive information. The only information that they would be allowed to have under law, would be the amount of unpaid tax debt, the type of taxes, the tax year, payment history, and the due date. Period." Rep. Portman did not offer an explanation, if this were the only information transferred to collectors, of how these collectors would know from whom to seek payment.

Rep. Portman also said that 26 U.S.C. § 6103, regarding confidentiality of tax returns, would apply to private sector collectors.

The bill also provides that there would be no cause of action against the United States.

Rep. Thomas, speaking with reporters after the meeting, said that "I often find that some of the smallest provisions generate the most discussion". He added that much of the discussion "was not well founded" and was "without an understanding of provisions that are in statute".

Rep. Bob McDermott (D-WA) offered an amendment that would have removed Section 681 from the bill. It failed on a roll call vote of 12-24. It was a straight party line vote, with several Democrats not casting votes.

The Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Enhancing Social Security Number Privacy" on Tuesday, June 15 at 11:00 AM. No one from the Internal Revenue Service is scheduled to testify.

6/14. The Supreme Court denied certiorari in Lakin Law Firm v. FTC, a Freedom of Information Act (FOIA) case in which a plaintiffs personal injury law firm sought copies of complaints submitted to the Federal Trade Commission (FTC) by consumers about credit card cramming. The Lakin Law Firm sought the names of the individual complainants. The FTC produced copies of complaints, with the names and addresses redacted.

The District Court dismissed. The Appeals Court affirmed. And now, the Supreme Court has let stand the Appeals Court opinion. See, Order List [11 pages in PDF] at page 3.

The U.S. Court of Appeals (7thCir) wrote in its December 16, 2003 opinion [PDF] that when people complain to the FTC "they probably think their names and addresses will not be released to a firm of private lawyers seeking fuel to propel a possible class-action lawsuit."

The Appeals Court also wrote that "The FOIA has a noble goal: it contemplates a policy of broad disclosure of government documents to serve the ``basic purpose of ensuring an informed citizenry, vital to the functioning of a democratic society.´´ ... Stated another way, the FOIA’s central purpose is to guarantee ``that the Government’s activities be opened to the sharp eye of public scrutiny, not that information about private citizens that happens to be in the warehouse of the Government be so disclosed.´´" (Emphasis in original. Citations omitted.)

The Court applied FOIA exemption 6. It wrote that "Exemption 6 requires a balancing of individual privacy interests of consumer complainants against the public interest in disclosure to determine whether disclosure is ``clearly unwarranted.´´ The Supreme Court has repeatedly held that the only public interest that is relevant to this balancing test is the shining of a light on an agency’s performance of its statutory duties." It added that "Compelling disclosure of the identity of consumers' complaints about cramming would not further the core purpose of the FOIA."

The FOIA is codified at 5 U.S.C. § 552. Section 552(b)(6), which the Courts relied upon, provides that "This section does not apply to matters that are ... personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy".

This case is The Lakin Law Firm v. Federal Trade Commission, Sup. Ct. No. 03-1468, a petition for writ of certiorari to the U.S. Court of Appeals for the 7th Circuit, App. Ct. No. 03-1689, an appeal from the U.S. District Court for the Southern District of Illinois, D.C. No. 02-CV-1121-DRH, Judge David Herndon presiding.

See, story titled "Court Holds That FOIA Does Not Require FTC to Produce Unredacted Copies of Consumer Complaints" in TLJ Daily E-Mail Alert No. 802, December 18, 2003. See also, story titled "Telemarketers Sue FCC To Get Names, Addresses, and Phone Numbers of Consumers Who Complained to FCC" in TLJ Daily E-Mail Alert No. 741, September 17, 2003.

6/14. The Supreme Court issued an order in KP Permanent Make-Up v. Lasting Impressions. It ordered that "The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted." See, Order List [11 pages in PDF] at page 2. This case involves a trademark dispute. The U.S. Court of Appeals (9thCir) issued its opinion [20 pages in PDF] on April 30, 2003. The Supreme Court granted certiorari on January 9, 2004. See, story titled "Supreme Court Grants Cert in Trademark Case" in TLJ Daily E-Mail Alert No. 813, January 12, 2004. This case is No. 03-409.

6/14. The Supreme Court announced that "The Court will take a recess from today until Monday, June 21, 2004." See, Order List [11 pages in PDF] at page 11.

8:30 AM. The House and Senate will meet in joint session for the purpose of hearing an address by Hamid Karzai, President of Afghanistan.

The House will meet at 9:10 AM for legislative business. The agenda includes several non technology related items. See, Republican Whip Notice.

8:00 AM - 3:00 PM. The Information Technology Association of America (ITAA) will host a conference on radio frequency identification (RFID), titled "ITAA RFID Forum: Business and Policy Considerations". See, notice. Prices vary. For more information, contact Eerik Kreek at 703 284-5316 or ekreek@itaa.org. Location: J.W. Marriott Hotel.

8:30 AM - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing on HR __, the "Junk Fax Prevention Act of 2004".  The witnesses will be Dane Snowden (Chief of the Federal Communications Commission's Consumer & Governmental Affairs Bureau), Tom Whitehouse (Ann Arbor Area Board of Realtors), Cheryl Kaechele (National Newspaper Association), and John Graham (American Society of Association Executives). The hearing will be webcast. Press contact: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) at 202 225-3761. Location: Room 2322, Rayburn Building.

TIME CHANGE. 11:00 AM. The House Ways and Means Committee's Subcommittee on Social Security will hold a hearing titled "Enhancing Social Security Number Privacy". The witnesses will be Howard Beales (Director of the Federal Trade Commission's Bureau of Consumer Protection), Patrick O’Carroll (Acting Inspector General of the Social Security Administration), Barbara Bovbjerg (SSA), Lawrence Maxwell (SSA), Patricia Foss, Mark Ladd (Property Records Industry Association), Chris Hoofnagle (Electronic Privacy Information Center), Brian McGuinness (National Council of Investigation and Security Services), Mike Buenger (Conference of State Court Administrators), Fred Cate (University of Indiana - Bloomington), and Edmund Mierzwinski (U.S. Public Interest Research Group). See, notice. Location: Room B-318, Rayburn Building.

10:00 AM. The Senate Banking Committee will hold a hearing on the nomination of Alan Greenspan to be Chairman of the Federal Reserve Board. Greenspan will be the only witness. See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing to examine S 2324, the "Visa Waiver Program Compliance Amendments of 2004", a bill to extend the deadline on the use of technology standards for the passports of visa waiver participants. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

TIME CHANGE. 10:30 AM. The Senate Finance Committee will hold a hearing to examine U.S. Australia and U.S. Morocco free trade agreements. The witnesses will include Peter Allgeier (Deputy U.S. Trade Representative), Josette Shiner (Deputy U.S. Trade Representative), and Allen Johnson (Chief Agricultural Negotiator, Office of the USTR). Location: Room 215, Dirksen Building.

TIME CHANGE. 11:00 AM. The House Financial Services Committee will meet to complete its mark up of HR 3574, the "Stock Option Accounting Reform Act". Location: Room 2128, Rayburn Building.

6:00 - 8:00 PM. The Federal Communications Bar Association's (FCBA) will host a continuing legal education (CLE) program titled "National Security Review of Telecommunications and Internet Transactions". This program will address both the review processes of the Federal Communications Commission (FCC) and the Committee on Foreign Investment in the U.S. (CFIUS). The speakers will include Patrick Kelly (Deputy General Counsel of the Federal Bureau of Investigation), Gay Sills (Director, Office of International Investment, Department of the Treasury), Jeanne Archibald (Hogan & Hartson), Kristen Verderame (BT Americas Inc.), and Joel Winnik (Hogan and Hartson). To register, contact Wendy Parish at wendy@fcba.org. Location: Hogan & Hartson, 555 13th Street, NW.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the proper disposal of consumer report  information and records. See, notice in the Federal Register, April 20, 2004, Vol. 69, No. 76, at Pages 21387 - 21392.

Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice of proposed rulemaking regarding the identity theft provisions of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). See, notice in the Federal Register, April 28, 2004, Vol. 69, No. 82, at Pages 23369 - 23378.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding presubscribed interexchange carrier (PIC) change charge policies. This NPRM is FCC 04-96 in CC Docket No. 02-53. See, notice in the Federal Register, May 26, 2004, Vol. 69, No. 102, at Pages 29913 - 29917.

The House will meet at 10:00 AM for legislative business. The agenda includes possible consideration of the homeland security appropriations bill and HR 4520, the "American Jobs Creation Act of 2004". Both bills large, and contain technology related provisions. See, Republican Whip Notice.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:30 AM. The Senate Commerce Committee will hold a hearing on S 2281, the "VOIP Regulatory Freedom Act of 2004", sponsored by Sen. John Sununu (R-NH). See, stories titled "Sununu and Pickering Introduce VOIP Regulatory Freedom Bills" and "Summary of VOIP Regulatory Freedom Bills" in TLJ Daily E-Mail Alert No. 872, April 8, 2004. The witnesses will be Laura Parsky (Deputy Assistant Attorney General, Department of Justice, Criminal Division), James Dempsey (Center for Democracy & Technology), Tom Rutledge (Cablevision Systems Corporation), David Jones (Spartanburg County Communications/9-1-1), Stan Wise (Georgia Public Service Commission), Jeff Pulver (pulver.com), Arturo Macias (Wheat State Telephone Company). See, notice. Press contact: Rebecca Fisher (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Dirksen Building.

10:00 AM. The House Judiciary Committee will meet to mark up five bills. The agenda includes consideration of HR 4518, the "Satellite Home Viewer Extension and Reauthorization Act 2004", HR 338, the "Federal Agency Protection of Privacy Act of 2004", HR 3632, the "Anti-Counterfeiting Amendments of 2003". Location: Room 2141, Rayburn Building.

10:00 AM - 2:00 PM. The House Science Committee will meet to mark up several bills. The agenda includes consideration of HR 4516, the "Department of Energy High-End Computing Revitalization Act of 2004", HR 4218, the "High Performance Computing Revitalization Act of 2004", HR 3598, the "Manufacturing Technology Competitiveness Act of 2004". Location: Room 2318, Rayburn Building.

10:00 AM. The Senate Judiciary Committee will hold a hearing on several judicial nominees: Richard Griffin (to be a Judge of the U.S. Court of Appeals for the 6th Circuit), David McKeague (6th Circuit), Virginia Covington (Middle District of Florida). Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

TIME CHANGE. 10:00 AM. The House Ways and Means Committee will hold a hearing titled "Implementation of the U.S.-Australia Free Trade Agreement". The witnesses will include Josette Shiner (Deputy U.S. Trade Representative). See, notice. Press contact: 202 225-1721. Location: Room 1100, Longworth Building.

10:45 AM - 12:15 PM. The Business Software Alliance (BSA) will host an event titled "2004 Business Software Alliance CEO Forum Policy Roundtable". The speakers will be Robert Holleyman (BSA), James Glassman (AEI), Bruce Chizen (Adobe) David Krall (Avid), Greg Bentley (Bentley Systems), Dale Fuller (Borland), Bill Conner (Entrust), Dominique Goupil (Filemaker), Tom Noonan (Internet Security Systems), Steve Ballmer (Microsoft), George Samenuk (McAfee), Art Coviello (RSA Security), John McEleney (SolidWorks), John Thompson (Symantec), and Gary Bloom (Veritas). The BSA's notice states that this event "is open to the media". For more information, contact Jeri Clausing at jeric@bsa.org or 202 530-5127. Location: Room 106, Dirksen Building.

2:00 PM. The House Government Reform Committee's Subcommittee on on Technology, Information Policy, Intergovernmental Relations and the Census will hold a hearing titled "Locking Your Cyber Front Door- The Challenges Facing Home Users And Small Businesses?" Location: Room 2154, Rayburn Building.

Deadline for the Federal Trade Commission (FTC) to submit its report to the Congress regarding a National Do Not E-mail Registry. Section 9 of S 877, the "Controlling the Assault of Non-Solicited Pormography and Marketing Act of 2003" (CAN-SPAM Act), requires the FTC to write this report. See, story titled "FTC Announces CAN-SPAM Act Rulemaking" in TLJ Daily E-Mail Alert No. 855, March 15, 2004.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rule Making (FNPRM) and Notice of Inquiry (NOI) regarding digital audio broadcasting (DAB). This item is FCC 04-99 in MB Docket No. 99-325. See, story titled "FCC Announces FNPRM and NOI Regarding Digital Audio Broadcasting" in TLJ Daily E-Mail Alert No. 878, April 16, 2004, and notice in the Federal Register, May 17, 2004, Vol. 69, No. 95, at Pages 27874 - 27885.

The House will meet at 10:00 AM for legislative business. The agenda includes possible consideration of the homeland security appropriations bill and HR 4520, the "American Jobs Creation Act of 2004". Both bills are large, and contain technology related provisions. See, Republican Whip Notice.

8:30 AM - 1:30 PM. The Cato Institute will host an event titled "The Law and Economics of File Sharing & P2P Networks" The speakers will include Jack Valenti (Motion Picture Association of America). See, notice. The event will be webcast. Lunch will be served. Free. Location: Cato, 1000 Massachusetts Ave., NW.

8:30 AM - 1:00 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board. See, notice in the Federal Register, May 28, 2004 Vol. 69, No. 104, at Page 30621. Location: Hilton Hotel, 620 Perry Parkway, Gaithersburg, MD.

9:00 AM. The Senate Governmental Affairs Committee will hold a hearing titled "Buyer Beware: The Danger of Purchasing Pharmaceuticals Over The Internet". See, notice. Location: Room 342, Dirksen Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. Location: Room 226, Dirksen Building.

9:30 AM. The House Commerce Committee's Subcommittee on Oversight and Investigations will hold a hearing titled "Problems with the E-rate Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our Nation's Schools to the Internet". The hearing will be webcast. See, notice. Location: Room 2322, Rayburn Building.

9:30 AM. The Senate Foreign Relations Committee will hold a hearing on several treaties, including the Council of Europe Convention on Cybercrime. The witnesses will be Michael Schmitz (Bureau of Customs and Border Protection, Department of Homeland Security), Bruce Swartz (Criminal Division, Department of Justice), and Samuel Witten (Department of State). See, notice. Location: Room 419, Dirksen Building.

10:00 AM. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property will hold a hearing on HR __, the "Family Movie Act". Location: Room 2141, Rayburn Building.

2:00 PM. The House Ways and Means Committee's Subcommittee on Health will hold a hearing titled "Health Care Information Technology". See, notice. Location: Room 1100, Longworth Building.

Day one of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.

The House will meet at 9:00 AM for legislative business. The agenda includes possible consideration of the homeland security appropriations bill and HR 4520, the "American Jobs Creation Act of 2004". Both bills large, and contain technology related provisions. See, Republican Whip Notice.

8:30 AM - 5:30 PM. There will be a one day conference titled "Washington Digital Media Conference". See, conference web site. Location: Hilton McLean, McLean, VA.

9:00 AM - 4:00 PM. The Federal Communications Commission (FCC) Consumer Advisory Committee (CAC) will meet. See, notice and agenda [4 pages in PDF] and notice in the Federal Register, May 27, 2004, Vol. 69, No. 103, at Pages 30293 - 30294. Location: FCC, Commission Meeting Room, Room TW-C305, 445 12th Street, SW.

The Defense Science Board Task Force on Global Positioning System will hold a closed meeting to discuss Galileo and other future radio navigation satellite systems. See, notice in the Federal Register, May 18, 2004, Vol. 69, No. 96, at Pages 28125 - 28126. Location: Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA.

Day two of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its notice of propose rulemaking (NPRM) regarding imposing mandatory minimum Customer Account Record Exchange (CARE) obligations on all local and interexchange carriers. This item is FCC 04-50 in CG Docket No. 02-386. See, notice in the Federal Register, April 19, 2004, Vol. 69, No. 75, at Pages 20845 - 20851.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft [91 pages in PDF] of Special Publication 800-58, titled "Security Consideration for Voice Over IP Systems". Submit comments to Rick Kuhn at sp800-58@nist.gov.

Day three of a three day event titled "China-U.S. Telecommunications Summit". See, NTIA notice and TIA notice. Location: Chicago, Illinois.

The Supreme Court will return from the recess that it began on June 14.

8:30 AM - 5:30 PM. The Federal Trade Commission (FTC) will hold a workshop on the uses, efficiencies, and implications for consumers associated with radio frequency identification (RFID) technology. See, FTC web page for this workshop, and notice in the Federal Register, April 15, 2004, Vol. 69, No. 73, at Pages 20523 - 20525.

1:00 PM. The Center for Democracy and Technology (CDT) will host a telephone press conference to discuss the Supreme Court's opinion in Ashcroft v. ACLU, a challenge to the constitutionality of the Child Online Protection Act (COPA). If the Supreme Court does not issue the opinion on this date, then the CDT will reschedule this conference for the next likely date for the issuance of the opinion -- June 28. To participate, call 334 260-2557 and provide security code 36991.

5:45 - 8:00 PM. The Federal Communications Bar Association (FCBA) will host a continuing legal education (CLE) program titled "Migration Trends in Spectrum Use and Regulation" The speakers are all Federal Communications Commission (FCC) officials. Julius Knapp (FCC Office of Engineering and Technology), Kenneth Carter (FCC Office of Strategic Plans and Policy Analysis), and Peter Tenhula (FCC Wireless Telecommunications Bureau). To register, contact Wendy Parish at wendy@fcba.org. The FCBA states that "After 6:00 p.m. the doors will be locked." Location: FCC, Commission Meeting Room, 445 12th Street, SW.

Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding broadband over powerline systems. The FCC adopted this NPRM on February 12, 2004. See, story titled "FCC Adopts Broadband Over Powerline NPRM" in TLJ Daily E-Mail Alert No. 836, February 13, 2004. The FCC released the text of this NPRM on February 23, 2004. This NPRM is FCC 04-29 in ET Docket Nos. 03-104 and 04-37. See, notice in the Federal Register, March 17, 2004, Vol. 69, No. 52, at Pages 12612-12618. See also, Order Granting Extension of Time [3 pages in PDF].