datamatters24/research-document-archive huggingface dataset:
I
105TH CONGRESS
2D SESSION
H. R. 3209
To amend title 17, United States Code, to limit liability for copyright
infringement for on-line material.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1998
Mr. COBLE (for himself and Mr. GOODLATTE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend title 17, United States Code, to limit liability
for copyright infringement for on-line material.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘On-Line Copyright In-
fringement Liability Limitation Act’’.
SEC. 2. LIMITATIONS ON LIABILITY FOR COPYRIGHT IN-
FRINGEMENT.
(a) IN GENERAL.—Chapter 5 of title 17, United
States Code, is amended by adding after section 511 the
following new section:
‘‘§ 512. Limitations on liability relating to material
on-line
‘‘(a) LIMITATION.—Notwithstanding the provisions
of section 106, a provider shall not be liable for—
‘‘(1) direct infringement, based solely on the in-
termediate storage and transmission of material over
that provider’s system or network, if—
‘‘(A) the transmission was initiated by an-
other person;
‘‘(B) the storage and transmission is car-
ried out through an automatic technological
process, without any selection of that material
by the provider; and
‘‘(C) any copy made of the material is not
retained longer than necessary for the purpose
of carrying out that transmission;
‘‘(2) monetary relief under section 504 or 505
for contributory infringement or vicarious liability,
based solely on conduct described in paragraph (1);
or
‘‘(3) monetary relief under section 504 or 505
for contributory infringement or vicarious liability,
based solely on transmitting or providing access to
material over that provider’s system or network,
other than conduct described in paragraph (1), if the
provider—
‘‘(A) does not know and is not aware of in-
formation indicating that the material is in-
fringing; and
‘‘(B) does not receive a financial benefit di-
rectly attributable to the infringing activity.
‘‘(b) PROTECTION
OF PRIVACY.—Nothing in sub-
section (a) shall authorize or obligate a provider to access
material that the provider is prohibited by law from ac-
cessing, or impose an affirmative obligation to monitor or
otherwise seek information indicating infringement.
‘‘(c) LIMITATION BASED UPON REMOVING OR DIS-
ABLING ACCESS TO INFRINGING MATERIAL.—A provider
shall not be liable for any claim based on that provider’s
removing or disabling on-line access to material, in re-
sponse to knowledge or information indicating that the
material is infringing, whether or not the material is in-
fringing.
‘‘(d) OTHER DEFENSES NOT AFFECTED.—Removing
or disabling access to material which a provider transmits
on-line or to which a provider provides on-line access, or
the failure to do so, shall not adversely bear upon the con-
sideration by a court of a defense to infringement asserted
by that provider on the basis of section 107 or any other
provision of law.
of title 5, United States Code, of subsistence expenses of 
employees who are on protective missions, whether at or 
away from their duty stations; $1,839,722,000; of which 
not to exceed $19,125 shall be for official reception and 
representation expenses; of which not to exceed $100,000 
shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit inves-
tigations; of which $2,366,000 shall be for forensic and 
related support of investigations of missing and exploited 
children; of which $6,000,000 shall be for a grant for ac-
tivities related to investigations of missing and exploited 
children; of which not less than $12,000,000 shall be for 
activities related to training in electronic crimes investiga-
tions and forensics; and of which $36,966,000 shall re-
main available until September 30, 2018. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the United States Secret 
Service for procurement, construction, and improvements, 
$90,127,000, to remain available until September 30, 
2019. 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the United States Secret 
Service for research and development, $2,500,000, to re-
main available until September 30, 2018. 
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‘‘(e) MISREPRESENTATIONS.—Any person who know-
ingly materially misrepresents that material on-line is in-
fringing shall be liable for any damages, including costs
and attorneys’ fees, incurred by the alleged infringer or
by any copyright owner or copyright owner’s authorized
licensee who is injured by such misrepresentation, or by
any provider who relies upon such misrepresentation in
removing or disabling access to the material claimed to
be infringing.
‘‘(f) DEFINITION.—As used in this section, the term
‘provider’ means a provider of on-line services or network
access.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 5 of title 17, United States Code, is
amended by adding at the end the following:
‘‘512. Limitations on liability relating to material on-line.’’.
Æ
works embodied in phonorecords which had been
subject to the terminated or expired negotiated li-
cense agreement. Such rate or rates shall be the
same as the last such rate or rates and shall remain
in force until the conclusion of the proceedings to
adjust the royalty rates applicable to such works, or
until superseded by a new negotiated license agree-
ment, as provided in section 116(b).
‘‘(5) SECTION 118 PROCEEDINGS.—In proceed-
ings concerning the adjustment of royalty rates and
terms as provided in section 118, the Board shall
proceed when and as provided by that section.
‘‘(6) SECTION 119 PROCEEDINGS.—In proceed-
ings concerning the adjustment of royalty rates gov-
erning secondary transmissions of as provided in
section 119, a petition described in subsection (a)
may be filed during the year 2001 and in each sub-
sequent fifth calendar year.
‘‘(7) PROCEEDINGS CONCERNING DISTRIBUTION
OF ROYALTY FEES.—In proceedings concerning the
distribution of royalty fees under section 111, 119,
or 1007, the Board shall, upon a determination that
a controversy exists concerning such distribution,
cause to be published in the Federal Register notice
of commencement of proceedings under this chapter.
‘‘§ 809. Conduct of proceedings
‘‘(a) BOARD PROCEEDINGS.—The Board shall, for
the purposes of making its determinations in carrying out
the functions set forth in section 806, conduct proceedings
subject to subchapter II of chapter 5 of title 5.
‘‘(b) PROCEDURES.—The Librarian of Congress,
upon the recommendation of the Register of Copyrights,
and in consultation with the Board, shall adopt regula-
tions to govern the conduct of the proceedings of the
Board. The regulations shall include, but not be limited
to, provisions for—
‘‘(1) public access to and inspection of the
records of the Board pursuant to section 706;
‘‘(2) the right of the public to attend the pro-
ceedings of the Board;
‘‘(3) the procedures to apply when formal hear-
ings are conducted; and
‘‘(4) the procedures to apply and the basis upon
which distribution or royalty controversies may be
decided on the basis of written pleadings.
‘‘(c) PARTICIPATION OF COPYRIGHT OFFICE.—Not-
withstanding any regulations adopted under subsection
(b)(3), during the conduct of proceedings, the Register of
Copyrights may file formally with the Board the position
of the Copyright Office on any matter before the Board.
Such filings shall be served on all parties to the proceed-
route as the case may be, city, county, State,
and zip code and, if different from the subscrib-
er’s home address, the location of the subscrib-
er’s satellite receiving dish to which the second-
ary transmissions are made, identified by street
address or rural route as the case may be, city,
county, State, and zip code.
‘‘(ii) Each list of television broadcast sta-
tions under this paragraph shall include the
station’s call letters and community of license.
‘‘(iii) Subscriber information submitted
under this paragraph may be used only for pur-
poses of monitoring compliance by the satellite
carrier with this section.
‘‘(iv) The requirements of this paragraph
shall apply to a satellite carrier only if the tele-
vision broadcast station to which the submis-
sions are to be made places on file with the
Register of Copyrights a document identifying
the name and address of the person to whom
such submissions are to be made. The Register
shall maintain for public inspection a file of all
such documents.
‘‘(3) PENALTIES
FOR
NONCOMPLIANCE
WITH
ACCOUNTING AND ROYALTY REQUIREMENTS.—Not-
withstanding the provisions of paragraph (1), the
willful or repeated secondary transmission to the
public by a satellite carrier of a primary trans-
mission made by a television broadcast station li-
censed by the Federal Communications Commission
or by the Public Broadcasting Service satellite feed
and embodying a performance or display of a work
is actionable as an act of infringement under section
501, and is fully subject to the remedies provided by
sections 502 through 506 and 509, if the satellite
carrier has not deposited the statement of account
and royalties fees required by subsection (b), or has
failed to make the submissions to networks required
by paragraph (2).
‘‘(4) PENALTIES
FOR
WILLFUL
ALTERATIONS
OF PROGRAMMING.—Notwithstanding the provisions
of paragraph (1), the secondary transmission to the
public by a satellite carrier of a primary trans-
mission made by a television broadcast station li-
censed by the Federal Communications Commission
or by the Public Broadcasting Service satellite feed
and embodying a performance or display of a work
is actionable as an act of infringement under section
501, and is fully subject to the remedies provided by
section 502 through 506 and sections 509 and 510,
(2) by adding at the end of paragraph (3) the
following new subparagraph:
‘‘(C) Within 45 days after the effective date of the
Copyright Compulsory License Improvement Act, the
Commission shall commence a rulemaking proceeding to
revise the regulations governing the exercise by television
broadcast stations of the right to grant retransmission
consent under this subsection, and such other regulations
as are necessary to administer the limitation contained in
paragraph (2). Such regulations shall establish election
time periods that correspond with those regulations adopt-
ed under subparagraph (B). The rulemaking shall be com-
pleted within 180 days after the effective date of the Copy-
right Compulsory License Improvement Act.’’; and
(3) by adding at the end the following new
paragraph:
‘‘(7) For purposes of this subsection:
‘‘(A) The term ‘superstation’ means a television
broadcast station, other than a network station, li-
censed by the Commission that is secondarily trans-
mitted by a satellite carrier.
‘‘(B) The term ‘satellite carrier’ has the mean-
ing given that term in section 119(d) of title 17,
United States Code.’’.
(I) 7 representatives of employers 
who participate in a registered ap-
prenticeship program, including em-
ployers who participate in a registered 
apprenticeship program sponsored by 
a joint labor-management partnership; 
(II) 7 representatives of labor or-
ganizations who have responsibility 
for the administration of a registered 
apprenticeship program sponsored by 
a joint labor-management partnership; 
(III) 7 representatives of State 
apprenticeship agencies, community 
organizations with significant experi-
ence with a registered apprenticeship 
program, and 2- or 4-year postsec-
ondary educational institutions with 
at least one articulation agreement 
with the entity administering a reg-
istered apprenticeship program; and 
(ii) members who are ex officio non-
voting representatives from the Depart-
ments of Labor, Commerce, Education, 
Energy, Housing and Urban Development, 
and Health and Human Services. 
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added by section 2(a) of this Act, the following new sec-
tion:
‘‘§ 2413. Arlington National Cemetery: persons eligi-
ble for placement in columbarium
‘‘(a) ELIGIBILITY.—The cremated remains of the fol-
lowing individuals may be placed in the columbarium in
Arlington National Cemetery:
‘‘(1) A person eligible for burial in Arlington
National Cemetery under section 2412 of this title.
‘‘(2)(A) A veteran whose last period of active
duty service (other than active duty for training)
ended honorably.
‘‘(B) The spouse, surviving spouse, minor child,
and, at the discretion of the Superintendent of Ar-
lington National Cemetery, unmarried adult child of
such a veteran.
‘‘(b) SPOUSE.—Section 2412(c) of this title shall
apply to a spouse under this section in the same manner
as it applies to a spouse under section 2412.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 24 of title 38, United States
Code, is amended by adding after section 2412, as added
by section 2(c) of this Act, the following new item:
‘‘2413. Arlington National Cemetery: persons eligible for placement in columba-
rium.’’.
‘‘(b) BARGAIN SALE
TO CHARITABLE ORGANIZA-
TION.—
‘‘(1) IN GENERAL.—If a deduction is allowable
under section 170 (relating to charitable contribu-
tions) by reason of a sale, then the adjusted basis
for determining gain from such a sale shall be that
portion of the adjusted basis which bears the same
ratio to the adjusted basis as the amount realized
bears to the fair market value of the property.
‘‘(2) SPECIAL RULE FOR CERTAIN SALES OF
REAL PROPERTY.—If—
‘‘(A) a deduction is allowable under section
170 by reason of any sale, and
‘‘(B) such sale is a sale of real property (or
an interest therein) to a qualified organization
(as defined in section 170(h)),
paragraph (1) shall not apply and the entire ad-
justed basis of the property (or interest therein)
shall be taken into account in determining the
amount of gain from such sale. If the sale involves
an interest which is a restriction described in section
170(h)(2)(C), the entire adjusted basis of the prop-
erty to which the such restriction applies shall be
taken into account under the preceding sentences as
the adjusted basis of the interest.’’
†
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HR 4818 EAS
receive special consideration for admission into the United
States, including—
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings;
and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consider-
ation to—
(1) refugees of all nationalities who have close
family ties to citizens and residents of the United
States; and
(2) other groups of refugees who are of special
concern to the United States.
(d) Not later than 120 days after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations describing the steps that
have been taken to implement this section.
CODE OF CONDUCT
SEC. 5082. (a) None of the funds made available by
title II under the heading ‘‘Migration and Refugee Assist-
ance’’ or ‘‘Transition Initiatives’’ to provide assistance to
refugees or internally displaced persons may be provided
to an organization that has failed to adopt a code of conduct
consistent with the Inter-Agency Standing Committee Task
Force on Protection From Sexual Exploitation and Abuse
HR 5006 RDS 
funds required by the certification described in subsection 
(a) as late as July 31, 2005. 
(e) None of the funds appropriated by this Act may 
be used to withhold substance abuse funding pursuant to 
section 1926 from a territory that receives less than 
$1,000,000. 
SEC. 215. In order for the Centers for Disease Con-
trol and Prevention to carry out international health ac-
tivities, including HIV/AIDS and other infectious disease, 
chronic and environmental disease, and other health ac-
tivities abroad during fiscal year 2005, the Secretary of 
Health and Human Services— 
(1) may exercise authority equivalent to that 
available to the Secretary of State in section 2(c) of 
the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2669(c)). The Secretary of Health and 
Human Services shall consult with the Secretary of 
State and relevant Chief of Mission to ensure that 
the authority provided in this section is exercised in 
a manner consistent with section 207 of the Foreign 
Service Act of 1980 (22 U.S.C. 3927) and other ap-
plicable statutes administered by the Department of 
State, and 
(2) is authorized to provide such funds by ad-
vance or reimbursement to the Secretary of State as
SEC. 204. APPLICATION OF STANDARDS TO MEDICARE SE-
LECT POLICIES.
Section 1882(t) of the Social Security Act (42 U.S.C.
1395ss(t)) is amended—
(1) in the matter in paragraph (1) before sub-
paragraph (A), by inserting ‘‘, under the standards
established under paragraph (4)’’ after ‘‘if’’;
(2) by striking ‘‘and’’ at the end of paragraph
(1)(E);
(3) by striking the period at the end of para-
graph (1)(F) and inserting a semicolon;
(4) by adding at the end of paragraph (1) the
following new subparagraphs:
‘‘(G) notwithstanding any other provision
of this section to the contrary, if the issuer of
the policy meet the requirements of paragraph
(5).’’;
(5) by adding at the end of paragraph (2) the
following: ‘‘The intermediate sanctions described in
clauses (ii) and (iii) of section 1876(i)(6)(B) shall
apply to actions described in the first sentence of
this paragraph in the same manner as they apply to
violations described in section 1876(i)(6)(A).’’; and
(6) by adding at the end the following new
paragraphs:
HR 3211 RFS
‘‘(3) No monument may be placed in Arlington Na-
tional Cemetery until the end of the 25-year period begin-
ning—
‘‘(A) in the case of commemoration of service
under paragraph (1)(A), on the last day of the pe-
riod of service so commemorated; and
‘‘(B) in the case of commemoration of a par-
ticular military event under paragraph (1)(B), on
the last day of the period of the event.
‘‘(4) A monument may be placed only in those sec-
tions of Arlington National Cemetery designated by the
Secretary of the Army for such placement.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 24 of title 38, United States
Code, is amended by adding after section 2413, as added
by section 3(b) of this Act, the following new item:
‘‘2414. Arlington National Cemetery: authorized headstones, markers, and
monuments.’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to headstones,
markers, or monuments placed in Arlington National
Cemetery on or after the date of the enactment of this
Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enact-
ment of this Act, the Secretary of the Army shall publish
HR 3211 RFS
in the Federal Register any regulation proposed by the
Secretary under this Act.
Passed the House of Representatives March 24,
1998.
Attest:
ROBIN H. CARLE,
Clerk.
begins and ending one year after the date on which the
representation ends.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 72 is amended by adding at
the end the following new item:
‘‘7299. Limitation on activities of retired judges.’’.
TITLE II—STAGGERED RETIRE-
MENT AND RECALL PROVI-
SIONS
SEC. 201. STAGGERED RETIREMENT.
(a) RETIREMENT AUTHORIZED.—One eligible judge
each year shall be eligible to retire under this section start-
ing in the year 1999 and ending in the year 2003.
(b) ELIGIBLE JUDGES.—
(1) DEFINITION
OF
ELIGIBLE
JUDGE.—For
purposes of this section, an eligible judge is an indi-
vidual who—
(A) is an associate judge of the United
States Court of Appeals for Veterans Claims
who has at least 10 years of service creditable
under section 7296 of title 38, United States
Code;
(B) has made an election to receive retired
pay under section 7296 of such title;
(C) has at least 20 years of service allow-
able under section 7297(l) of such title;
to the Secretary in accordance with the
terms of the Option Agreement; or
(B) if funds or timber sale receipts are not
provided to BSL as provided in the Option
Agreement, BSL shall be entitled to receive
patents and deeds to an equivalent value of the
Federal land held in escrow.
(b) VALUATION.—
(1) IN GENERAL.—The property and other as-
sets exchanged or conveyed by BSL and the United
States under subsection (a) shall be approximately
equal in value, as determined by the Secretary.
(2) DIFFERENCE
IN
VALUE.—To the extent
that the property and other assets exchanged or con-
veyed by BSL or the United States under subsection
(a) are not approximately equal in value, as deter-
mined by the Secretary, the values shall be equalized
in accordance with methods identified in the Option
Agreement.
(c) TIMBER SALE PROGRAM.—
(1) IN GENERAL.—The Secretary shall imple-
ment a timber sale program, according to the terms
and conditions identified in the Option Agreement
and subject to compliance with applicable environ-
mental laws (including regulations), judicial deci-
to, and shall not diminish, any of the other rights and
benefits provided for under this chapter.
‘‘(B) In the case of an action commenced in the name
of the United States for which the relief includes com-
pensation awarded under subparagraph (B) or (C) of
paragraph (1), such compensation shall be held in a spe-
cial deposit account and shall be paid, on order of the At-
torney General, directly to the person. If the compensation
is not paid to the person because of inability to do so with-
in a period of three years, the compensation shall be cov-
ered into the Treasury of the United States as miscellane-
ous receipts.
‘‘(3) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon
any private employer under this section.
‘‘(e) EQUITY POWERS.—The court may use its full
equity powers, including temporary or permanent injunc-
tions, temporary restraining orders, and contempt orders,
to vindicate fully the rights or benefits of persons under
this chapter.
‘‘(f) STANDING.—An action under this chapter may
be initiated only by a person claiming rights or benefits
under this chapter under subsection (a) or by the United
States under subsection (a)(1).
(B) Section 2412 of title 28, United States
Code.
(C) Section 906 of title 44, United States
Code.
(D) Section 109 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5,
United States Code, is amended to read as follows:
‘‘§ 8440d. Judges of the United States Court of Ap-
peals for Veterans Claims’’.
(B) The item relating to such section in the
table of sections at the beginning of chapter 84 of
such title is amended to read as follows:
‘‘8440d. Judges of the United States Court of Appeals for Veterans Claims.’’.
(c) OTHER LEGAL REFERENCES.—Any reference in
a law, regulation, document, paper, or other record of the
United States to the United States Court of Veterans Ap-
peals shall be deemed to be a reference to the United
States Court of Appeals for Veterans Claims.
Æ