mr. conyers of michigan, mr. poe of texas, ms. gabbert, mr. jordan of ohio, mr. o'rourke, mr. amash, mr. massie, mr. holt, mr. nadler, mr. petri, mr. delbene, mr. farenthold, mr. sanford, mr. butterfield, this is all over this house of representatives, right to left, saying, yes, we need to protect our country but we also need to honor our constitution. and especially the fourth amendment. we started this congress by reading the constitution of the

mr. conyers. and without objection all other members' opening statements will be made a part of the record. we thank our only witness, the director for joining us today. if you will please rise, we'll begin by swearing you in. >> do you swear that the testimony that you are about to give shall be the truth, the whole truth, and nothing but the truth so help you god? >> i do. >> thank you very much and let the record reflect that director comey responded in the affirmative. on september 4th, 2013, james b. comey was sworn in as the seventh director of the federal bureau of investigation. director comey began his career in the united states attorney's office for the southern district of new york as an assistant united states attorney. later he became an assistant united states attorney in the eastern district of virginia. director comey returned to new york city after the 9/11 terror attacks and became the u.s. attorney for the southern district of new york. in late 2003, he is appointed to be the d

mr. conyers: thank you. ladies and gentlemen, this endment, number 89, fights foreclosures by limiting payment of f.h.a. insurance claims in cases in which borrowers have not been through the full f.h.a. loss mitigation process. our nation's foreclosure crisis is not only an economic calamity, but it's also a social and public health calamity as well. while we all know that foreclosures cause downward spirals in property values and tax revenue, new research has shined a light on foreclosures as a cause of massive and debilitating anxiety and illness. according to a recent study in "the american journal of public health," foreclosures have even been a likely cause of an increase in suicides in america. i offer this amendment today to help end the terrible scourge of foreclosures. when the nation's largest banks , bank of america, wells fargo and chase, sell delinquent f.h.a.-insured loans as a distressed asset stabilization program, that pays them the outstanding balance of the loan. the only loans that have

mr. conyers referred to that includes terrestrial radio. christian,et to mr. who said something earlier i appreciated. i think it helps us focus a lot on what we are dealing with. you said in your testimony that with particular reference to the recurring demand by the recording industry for sound recording performance right to be imposed, understand that the radio industry is not the vast pot of riches that can be tapped that addresses the decline of its own brick-and-mortar income. congress intended that in exchange for unique promotional support terrestrial radio should be treated differently, and you say that premise hasn't changed. then you want to explain that any change in our approach would be met with opposition because it would cripple a radio industry that is financially treading water for years now. i suggest that this is what we are trying to get at today. going from the claim that there should be performance right because the music guys have been able to figure out their industry. we shouldn't impose it on the radio industry which big knowledge is

mr. conyers -- mr. nadler's district and that recently went out of business because they couldn't afford the royalty rates. certainly, if you look at the comments that came in from the copyright offices notice of inquiry from a large number of constituents including mr. freer. three some process improvements that need to be made in the copyright royalty board to improve the process and the potential outcome. >> i wish i had the opportunity to hear all your answers and i thank you for the extra time. >> the distinguished lady from california. >> thank you, mr. chair. my colleague, mr. i i sa asked a question so i want to ask it slightly different. he said if we were to scrap copyright and start over what would you like to see changed. my question is, could you briefly explain one provision that you would amend in the current law and i though that several of you didn't have a chance to respond. so those of you that didn't, maybe you'd like to take the opportunity now. >> from the radio -- i'm sorry. mr. c

mr. conyers? >> thank you. as we've listened to this story unfold, many including some of the witnesses today say that we can only stop the migration flow by changing the cost benefit analysis made by these children. i wanted to start off with you, deputy chief patello, and ask you this question. might the not be clear that the possibility of coming to this country is motivated by a huge fear of violence and death that many of these children have in their home countries? as a matter of fact, an attitude shared by frequently their parents as well? >> in the reporting that i've seen there are several factors, violence and conditions at home is among one of the top four, correct. >> do you have any reason to believe that your organization and as well the enforcement and removal operations are all working in good faith with homeland security to do their best in terms of an incredibly dangerous situation? >> we have done quite a bit to improve conditions on the ground in rgv. with fema's help, with help from the coa

mr. conyers referred to. that includes treseral radio. >> let me get to mr. christian who said something earlier i appreciated. i think it helps us focus a lot on what we're dealing with. you said in your testimony that with particular reference to the recurring demand by the recording industry for sound recording performance right to be imposed on terrestrial radio, understand the radio industry is not the vast pot of riches that can be tapped as a bail-out for the recording industry that addressing a decline in its own brick and mortar income. congress unambiguously intended for in exchange for support, they should be treated differently from other platforms and that premise hasn't changed. then you go on to explain that any change in our approach will be met with opposition because it would cripple a radio industry that's been financially treading water for years now. i would respectfully suggest that this is what we're trying to get at today. going from the claim that there shouldn't be a performance right because the music guys haven't been able to figur

mr. conyers: of course. mr. frelinghuysen: we accept your amendment. mr. visclosky: i also support the gentleman's amendment. mr. conyers: i thank both of the floor leaders and i want to make clear that this amendment will simply and -- ensure that no funds may be made available under this bill for the transfer of the devastatingly -- devastating and hoigly mobile weapons to any party -- highly mobile weapons to any party in the syrian civil war. regardless of one's opinion of u.s. intervention in foreign conflicts this prudent and responsible amendment deserve ours support and thank the leaders for their support and i yield back the balance of my time. the chair: the gentleman yields back. the question is on the amendment offered by the jlt from michigan. those in favor say aye -- by the gentleman from michigan. those in favor say aye. those opposed, no. in the opinion of the chair the ayes have it. the amendment is agreed to. for what purpose does the gentleman from west virginia seek recognition? >> i have an amendment at the desk. the chair: the clerk

mr. conyers. >> thank you. as we have listened to this story unfold, many including some of the witnesses today say that we could only stop the migration flow by changing cost-benefit analysis made by these children. i wanted to start off with you deputy chief vitiello and ask you this question. might it not be clear that the possibility of coming to this country is motivated by a huge fear of violence and death that many of these children have in their home countries and as a matter of fact an attitude shared by frequently their parents as well. >> in the reporting i've seen there are several factors that the violence and conditions are among one of the top four, correct. >> and do you have any reason to believe that your organization and as well the enforcement and removal operations are all working in good faith with homeland security to do their best in terms of an incredibly dangerous situation? >> yeah we have done quite a bit to improve conditions on the ground with fema's help and help fro

mr. conyers. >> thank you, subcommittee acting chairman farenthold.i -- >> he looks good in that chair though. >> i am impressed with the fact that we have three very distinguished witnesses taking one position and professor wu, i just like to go through a few things in the minutes i have. would the fcc be regulated content as suggested by our full committee chairman goodlatte? and isn't antitrust regulation weak and slow and can't operate in a preventative way? >> the answer to the question is the fcc would not be regulating content. net neutrality is not a call for content regulation. it is a call for non-discrimination norms on the internet which everyone on this panel seems to agree with in one form or another. and my suggestion is that by having a neutral platform, it has served as an incredible platform for free and diverse speech and that threats to that have intimately, threats to the neutrality in network ultimately threaten the speech environment and political process the united states. we don't, how many political outsiders come from nowher

mr. conyers. at this time i would like to introduce our witnesses. ave a very esteemed and qualified panel of witnesses. let me start by introducing mr. mike white who is president, chairman, and ceo. that pretty much covers everything. of direct tv. one of the world's lead progress viders of digital television entertainment services with more than 20 million customers in the united states and 15 million customers and latin america -- in latin america. on the worldview corporation board of directors. before joining directv, he was the ceo and vice chairman of pepsico international from 2003 through 2009. prior to that, he served as president and ceo of frito-lay's and asianafrican, division. --dl

mr. conyers of michigan, mr. poe of texas, ms. gabbert, mr. jordan of ohio, mr. o'rourke, mr. amash, mr. massie, mr. holt, mr. nadler, mr. petri, mr. delbene, mr. farenthold, mr. sanford, mr. butterfield, this is all over this house of representatives, right to left, saying, yes, we need to protect our country but we also need to honor our constitution. and especially the fourth amendment. we started this congress by reading the constitution of the united states allowed -- aloud in these chambers. let's finish this bill by making sure that we honor that constitution by adopting this amendment. i would yield become to mr. massie so he may yield further to other members. mr. massie: thank you. the chair: the gentlewoman's time has expired. the gentleman is recognized. mr. massie spb i ask unanimous consent to submit for the record the letter from the director of national intelligence that my colleague from california referred to. the chair: that question has been covered under general leave. mr. massie: at this point, i reserve. the chair: the gentleman reserves his time. does a

mr. conyers. hoped we could have a balanced discussion about the root causes of this humanitarian crisis we are seeing play out along the south was border and also begin to identify solutions to this pressing issue. some have already made their conclusions before even hearing the facts. about the surmises are made of. the name of the hearing seems to say it all. and administration made a disaster is to south texas border surge of unaccompanied alien minors. more strongly with the misleading titles such as this. by the arguments just presented. my concern is not just the title unfairly attacked the president of the united states or that it presupposes a conclusion without substantial evidence of but that it also dangerously mischaracterizes the issue at hand. the increase and unaccompanied children apprehended along our southwest border in recent years is evidence of a humanitarian crisis unfolding in our region. support simply do not the claim that this administration's actions have somehow led to

mr. conyers. >> top of the morning, mr. chairman, our colleagues and our witnesses and our visitors that are here covering this potential transaction. now, last month in may, we had a hearing that covered time, warner and comcast. now this month we're looking at direct tv and at&t. may be even next month, depending on what happens in the intervening time, we may be looking at sprint and t-mobile. question, where does this end? i am looking at a transaction that highlights the concern that there may be too much and too rapid a consolidation in telecommunications, especially when viewed in the light of a flurry of deals even if they are rumored. one rationale in favor of the merger is that it would create a stronger competitor to large cable companies, may in fact spur further consolidation in the telecommunications industry as part of what might be viewed as a race to the bottom. the merger proposed may result in reduced competition for paid television services in many of our nation's largest markets. the sheer size of a com

mr. conyers, the ranking member for his opening statement. >> thank you so much, chairman spencer bachusfor holding what i consider an important hearing on net neutrality and the role of antitrust in ensuring a free and open internet. this should be a very interesting hearing to say the least. this committee has a central role in studying the issue of net neutrality and more generally, competition on the internet. i appreciate the chairman's decision to assert our jurisdiction. turning to the specific question of whether antitrust is more affective than regulation in addressing net neutrality. we should keep in mind that we need a regulatory solution to address potential threats to net neutrality and must allow the federal communication's commission to do its job. congress created the fcc to develop expertise so that it could probable regulate the complex tellecommunicationtelec industry. any fcc rules to address net neutrality would have the benefit of addressing some potential threats to net neutral before they fully materialize. it could do so in a manner that within more comprehensiv

mr. conyers. >> maybe future chairman. [laughter] >> you can leave it like that. i just want to ask about the comment anything mr. burgmayer shared. >> when it comes to the investment promises at&t is making, i would urge the subcommittee to put them in context. it is important to distinguish upgrades from new build outs. a lot of at&t's numbers consist of upgrades, adding a fixed wireless product to an existing wireless coverage area. that might be some amount of .nvestment it is important to put it into the context of the existing upgrade plans. they already have a fairly ambitious buildup plan that has something called project vip, which talks about a lot of the new buildup in coverage that at&t plans to do. it has an initiative where wants to upgrade and number of activities -- cities. , the not exactly clear scope of at&t's existing plans. we know that they are, but it is hard to quantify them. anys difficult to compare new commitments they are making today to those existing plans. when it comes to broadband coverage, i would make the point evolvingdband is an

mr. conyers. i would like to introduce the witnesses. we have an esteemed and qualified panel. mike white is president, chairman and ceo, that covers everything doesn't it, of directv one of the leaders with 20 million in the united states and 15 million customers in latin america. i am not sure we realize there are that many customers in latin america. mr. white joined directv in january of 2010 and serves as the chairman of the board of directors. and mr. white serves on whirlpool corporation board of directors. before joining directv, mr. white was the ceo and vice chairman of pepsi-co. prior to that he was president and ceo of frito-lays and that was part of pepsi? or did they spin it out? he was ceo of the partnership with general mills. mr. white was the ceo and vice president for avon products and worked as a management consultme consultment. our next witness -- we are glad to have you and mr. randal stephenson is care >> each of the witnesses written statements will be entered in the record and we will ask each witness to summarize his testimony at this moment in five m

mr. conyers. >> maybe future chairman. [laughter] >> you can leave it like that. i just want to ask about the comment anything mr. burgmayer shared. >> when it comes to the investment promises at&t is making, i would urge the subcommittee to put them in context. it is important to distinguish upgrades from new build outs. a lot of at&t's numbers consist of upgrades, adding a fixed wireless product to an existing wireless coverage area. that might be some amount of investment. but it is less than an initial it is important to put it into the context of the existing upgrade plans. they already have a fairly ambitious buildup plan that has something called project vip, which talks about a lot of the new buildup in coverage that at&t plans to do. it has an initiative where wants to upgrade and number of cities. it is not exactly clear, the scope of at&t's existing plans. we know that they are, but it is hard to quantify them. it is difficult to compare any new commitments they are making today to those existing plans. standard. if we expected at&t to provide a certain

mr. conyers, for questions. >> thank you, sir. i wanted to ask -- >> ranking member. sorry. >> former chairman. >> the gentleman has good vision. >> maybe future chairman. >> you can leave it like that. that's all right. i just wanted to ask mr. bergmaier to comment about anything he's heard during the questioning period so far with our two distinguished witnesses. >> yes. thank you. i think when it comes to the investment promises that at&t's making, i would urge the subcommittee to basically put them in context. i think a lot of at&t's numbers consist of upgrades, adding a fixed wireless product to a fixed wireless coverage area. that might be some amount of investment, but it is less than an initial buildout. i think it's important to put it in context that way and also put it into the context of at&t's existing upgrade plans. at&t already has a fairly ambitious buildout plan that has something called project v.i.p. which talks about a lot of the new buildout and coverage that at&t plans to do. at&t has an initiative where it wants to upgrade a number of cities to

mr. conyers of michigan joins me in this amendment. i yield back. the speaker pro tempore: the gentlelady's time has expired. the point of order is withdrawn. the question is on the amendment offered by the gentlelady from texas. those in favor say aye. pose pez -- those opposed, no. in the opinion of the chair the ayes have it. the amendment is agreed to. for what purpose does the gentleman from colorado rise? >> i'm offering the second lamb born amendment, 052. the chair: the clerk will report the amendment. the clerk: amendment offered by mr. lamb born of colorado, page 9, line , after the dollar amount, insert the following, reduced by $5 million. -- five, line 17, increase insert the following, increased by $5 million. the chair: pursuant to house resolution 628, the gentleman from colorado and a member opposed each will control five minutes. the chair recognizes the gentleman from colorado. mr. lamborn: thank you, mr. chairman. when you look at press accounts on what's happening at our southwest border, we are being overwhelmed. and this amend

mr. conyers: thank you, mr. chairman, i have an amendment at the desk, conyers number one. the chair: the clerk will report the amendment. the clerk: page 99, line 11, after the dollar amount insert increased by $2 million. the chair: the gentleman from michigan is recognized for five minutes. mr. conyers: mr. chair, ladies and gentlemen, this amendment seeks to increase funding for the national homeless data nalysis project by $2 million. this requested increase from $5 million to $7 million is consistent with both the president's budget request and the appropriations bill the senate reported out of the committee late last week. the level of funding provided for in this bill falls below not just requested amounts, but also below the current enacted amount for this program. my amendment amount would solve this discrepancy. mr. chairman, homelessness is not only could rose i have to individual lives but also to our national character. it's unthinkable that more than one million people routinely go homeless in the most prosperous nation this nation has ever known. the nationa

mr. chairman, ranking member nadler, chairman goodlatte, ranking member conyers and other members of the committee. pandora appreciates this opportunity to testify at this important hearing. without question pandora is delivering tremendous value to listeners, artists, songwriters and the music industry. 77 million listeners tuned into pandora last month and listened for an average of 22 hours. every month pandora performs more than 1.5 million songs by more than 100,000 recording artists, 80% of home were not played on terrestrial radio. pab dora contributes hundreds of millions of dollars to a new royalty stream for artists that did not exist 20 years ago. just nine years after launching, pandora will celebrate a major milestone late they are summer. $1 billion in total royalties paid. as this committee considers opportunities to improve music licensing, pandora hopes the committee will appreciate the essential aspects of our current system of statutory blanket licenses including the consent decrees which encourage innovation through simplified licensing procedures, protect music users

mr. chairman. >> thank you. >> chairman goodlatte, ranking members conyers and nadler and members of the subcommittee, thank you for the opportunity to testify today, my name is david frooer, i'm the executive vice president and chief financial officer of sirius xm. sirout xm is one of the largest radio providers in the united states, we have over 25 million subscribers. subscribers residing in every congressional district in the continental u.s. and we employ 2,100 people around the nation. sirius xm is well positioned to offer testimony on these copyright issues. in 2013, we paid approximately $325 million in royalties to record companies, publishers, song writers and artists. we have paid over $1.8 billion in music royalties since we launched service 11 years ago. i'd like you to take away four key themes from my testimony. first, parity. radio is radio whether it is am, fm, satellite. all companies should pay for the music they use on the same ba s basis. continuing to exempt the terrestrial radio companies that dominate radio listening with over 90% of the market and generate over $15 billion in revenue is

mr. hoyt. >> good morning chairman goodlatte and coble ranking members conyers and nadler and members off the tml c.. and has on behalf of its members been involved in negotiations arbitration and litigation for decades with a performing rights collectives that represent composers and publishers to ascap bmi and c-span. based on decades of experience interacting with ascap and bmi and more recently with c. sack the distant decree restrictions must stay in place and considerations should be given to extending these types of restrictions to any entity that aggregator bundles the power rightfully vested in the individual copyright ownership by congress. local television stations broadcast network syndicated and locally produced programs. in most syndicated programs stations do not selector control the music used in these programs but are required to broadcast these programs precisely as produced and recorded by third-party producers and then required to license the public performances embedded in the program. the station's license these performance to ascap bmi or csac. because they have di

mr. chairman. >> thank you. >> chairman goodlatte, ranking members conyers and nadler and members of the subcommittee, thank you for the opportunity to testify today, my name is david frooer, i'm the executive vice president and chief financial officer of sirius xm. sirout xm is one of the largest radio providers in the united states, we have over 25 million subscribers. subscribers residing in every congressional district in the continental u.s. and we employ 2,100 people around the nati

mr. portnoy, we will commence with you. thank you all for being here. >> thank you. chairman goodlatte, ranking members conyers and nadler and members of the subcommittee, my name is neil portnow and i'm president and ceo of the recording academy. known internationally for our grammy awards, academy is the trade association that represents performers and studio professionals. thank you for the opportunity to address the subcommittee this morning. since i have the honor of being the first witness, let me start at the beginning. with the copyright clause of the constitution. the framers gave authors the exclusive rights to their works for a time to promote the progress of science and useful arts. as today's hearing is focused on music licensing, we should at the outset remember who the authors of music are. they're the songwriters and composers who create the very dna of music. they are the featured and background performers who perform those songs and bring them to life. they are the producers and engineers who create the overall sound of the recordings that we love. over the next two hearings i urge you to kee

mr. conyers, for questions. >> thank you, sir. i wanted to ask -- >> ranking member. sorry. >> former chairman. >> the gentleman has good vision. >> maybe future chairman. >> you can leave it like that. that's all right. i just