[Congressional Record Volume 142, Number 80 (Tuesday, June 4, 1996)]
[House]
[Pages H5781-H5784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  COPYRIGHT CLARIFICATIONS ACT OF 1996

  Mr. MOORHEAD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1861) to make technical corrections in the Satellite Home 
Viewer Act of 1994 and other provisions of title 17, United States 
Code, as amended.
  The Clerk read as follows:

                               H.R. 1861

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Copyright Clarifications Act 
     of 1996''.

     SEC. 2. SATELLITE HOME VIEWER ACT.

       The Satellite Home Viewer Act of 1994 (Public Law 103-369) 
     is amended as follows:
       (1) Section 2(3)(A) is amended to read as follows:
       ``(A) in clause (i) by striking `12 cents' and inserting 
     `17.5 cents per subscriber in the case of superstations that 
     as retransmitted by the satellite carrier include any program 
     which, if delivered by any cable system in the United States, 
     would be subject to the syndicated exclusivity rules of the 
     Federal Communications Commission, and 14 cents per 
     subscriber in the case of superstations that are syndex-proof 
     as defined

[[Page H5782]]

     in section 258.2 of title 37, Code of Federal Regulations; 
     and' ''.
       (2) Section 2(4) is amended to read as follows:
       ``(4) Subsection (c) is amended--
       ``(A) in paragraph (1)--
       ``(i) by striking `until December 31, 1992,';
       ``(ii) by striking `(2), (3) or (4)' and inserting `(2) or 
     (3)'; and
       ``(iii) by striking the second sentence;
       ``(B) in paragraph (2)--
       ``(i) in subparagraph (A) by striking `July 1, 1991' and 
     inserting `July 1, 1996'; and
       ``(ii) in subparagraph (D) by striking `December 31, 1994' 
     and inserting `December 31, 1999, or in accordance with the 
     terms of the agreement, whichever is later'; and
       ``(C) in paragraph (3)--
       ``(i) in subparagraph (A) by striking `December 31, 1991' 
     and inserting `January 1, 1997';
       ``(ii) by amending subparagraph (B) to read as follows:
       `(B) Establishment of royalty fees.--In determining royalty 
     fees under this paragraph, the copyright arbitration royalty 
     panel appointed under chapter 8 shall establish fees for the 
     retransmission of network stations and superstations that 
     most clearly represent the fair market value of secondary 
     transmissions. In determining the fair market value, the 
     panel shall base its decision on economic, competitive, and 
     programming information presented by the parties, including--
       `(i) the competitive environment in which such programming 
     is distributed, the cost of similar signals in similar 
     private and compulsory license marketplaces, and any special 
     features and conditions of the retransmission marketplace;
       `(ii) the economic impact of such fees on copyright owners 
     and satellite carriers; and
       `(iii) the impact on the continued availability of 
     secondary transmissions to the public.'; and
       ``(iii) in subparagraph (C), by inserting `or July 1, 1997, 
     whichever is later' after `section 802(g)'.''.
       (3) Section 2(5)(A) is amended to read as follows:
       ``(A) in paragraph (5)(C) by striking `the date of the 
     enactment of the Satellite Home Viewer Act of 1988' and 
     inserting `November 16, 1988'; and''.

     SEC. 3. COPYRIGHT IN RESTORED WORKS.

       Section 104A of title 17, United States Code, is amended as 
     follows:
       (1) Subsection (d)(3)(A) is amended to read as follows:
       ``(3) Existing derivative works.--(A) In the case of a 
     derivative work that is based upon a restored work and is 
     created--
       ``(i) before the date of the enactment of the Uruguay Round 
     Agreements Act, if the source country of the restored work is 
     an eligible country on such date, or
       ``(ii) before the date of adherence or proclamation, if the 
     source country of the restored work is not an eligible 
     country on such date of enactment,a reliance party may 
     continue to exploit that derivative work for the duration of 
     the restored copyright if the reliance party pays to the 
     owner of the restored copyright reasonable compensation for 
     conduct which would be subject to a remedy for infringement 
     but for the provisions of this paragraph.''.
       (2) Subsection (e)(1)(B)(ii) is amended by striking the 
     last sentence.
       (3) Subsection (h)(2) is amended to read as follows:
       ``(2) The `date of restoration' of a restored copyright is 
     the later of--
       ``(A) January 1, 1996, the date on which the Agreement on 
     Trade-Related Aspects of Intellectual Property referred to in 
     section 101(d)(15) of the Uruguay Round Agreements Act enters 
     into force with respect to the United States, if the source 
     country of the restored work is a nation adhering to the 
     Berne Convention or a WTO member country on such date, or
       ``(B) the date of adherence or proclamation, in the case of 
     any other source country of the restored work.''.
       (4) Subsection (h)(3) is amended to read as follows:
       ``(3) The term `eligible country' means a nation, other 
     than the United States, that, after the date of the enactment 
     of the Uruguay Round Agreements Act--
       ``(A) becomes a WTO member,
       ``(B) is or becomes a member of the Berne Convention, or
       ``(C) becomes subject to a proclamation under subsection 
     (g).''.

     SEC. 4. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANSMISSIONS.

       Section 114(f) of title 17, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``, or ending 30 days 
     after the Librarian issues and publishes in the Federal 
     Register an order adopting or rejecting the report of the 
     copyright arbitration royalty panel, if such panel is 
     convened'' after ``December 31, 2000''; and
       (2) in paragraph (2), by striking ``and publish in the 
     Federal Register''.

     SEC. 5. ROYALTY PAYABLE UNDER COMPULSORY LICENSE.

       Section 115(c)(3)(D) of title 17, United States Code, is 
     amended by striking ``and publish in the Federal Register''.

     SEC. 6. NEGOTIATED LICENSE FOR JUKEBOXES.

       Section 116 of title 17, United States Code, is amended--
       (1) by amending subsection (b)(2) to read as follows:
       ``(2) Arbitration.--Parties not subject to such a 
     negotiation may determine the result of the negotiation by 
     arbitration in accordance with the provisions of chapter 
     8.''; and
       (2) by adding at the end the following new subsection:
       ``(d) Definitions.--As used in this section, the following 
     terms mean the following:
       ``(1) A `coin-operated phonorecord player' is a machine or 
     device that--
       ``(A) is employed solely for the performance of nondramatic 
     musical works by means of phonorecords upon being activated 
     by the insertion of coins, currency, tokens, or other 
     monetary units or their equivalent;
       ``(B) is located in an establishment making no direct or 
     indirect charge for admission;
       ``(C) is accompanied by a list which is comprised of the 
     titles of all the musical works available for performance on 
     it, and is affixed to the phonorecord player or posted in the 
     establishment in a prominent position where it can be readily 
     examined by the public; and
       ``(D) affords a choice of works available for performance 
     and permits the choice to be made by the patrons of the 
     establishment in which it is located.
       ``(2) An `operator' is any person who, alone or jointly 
     with others--
       ``(A) owns a coin-operated phonorecord player;
       ``(B) has the power to make a coin-operated phonorecord 
     player available for placement in an establishment for 
     purposes of public performance; or
       ``(C) has the power to exercise primary control over the 
     selection of the musical works made available for public 
     performance on a coin-operated phonorecord player.''.

     SEC. 7. LIMITATIONS ON EXCLUSIVE RIGHTS; COMPUTER PROGRAMS.

       Section 117 of title 17, United States Code, is amended as 
     follows:
       (1) Strike ``Notwithstanding'' and insert the following:
       ``(a) Making of Additional Copy or Adaptation by Owner of 
     Copy.--Notwithstanding''.
       (2) Strike ``Any exact'' and insert the following:
       ``(b) Lease, Sale, or Other Transfer of Additional Copy or 
     Adaptation.--Any exact''.
       (3) Add at the end the following:
       ``(c) Machine Maintenance or Repair.--Notwithstanding the 
     provisions of section 106, it is not an infringement for the 
     owner or lessee of a machine to make or authorize the making 
     of a copy of a computer program if such copy is made solely 
     by virtue of the activation of a machine that lawfully 
     contains an authorized copy of the computer program, for 
     purposes only of maintenance or repair of that machine, 
     provided that--
       ``(1) such new copy is used in no other manner and is 
     destroyed immediately after the maintenance or repair is 
     completed, and
       ``(2) with respect to any computer program or part thereof 
     that is not necessary for that machine to be activated, such 
     program or part thereof is not accessed or used other than to 
     make such new copy by virtue of the activation of the 
     machine.
       ``(d) Definitions.--For purposes of this section--
       ``(1) the term `maintenance' of a machine means servicing 
     the machine in order to make it work in accordance with its 
     original specifications and any changes to those 
     specifications authorized for that machine; and
       ``(2) the term `repair' of a machine means restoring it to 
     the state of working in accordance with its original 
     specifications and any changes to those specifications 
     authorized for that machine.''.

     SEC. 8. PUBLIC BROADCASTING COMPULSORY LICENSE.

       Section 118 of title 17, United States Code, is amended as 
     follows:
       (1) Subsection (b) is amended by striking paragraph (1) and 
     redesignating paragraphs (2) and (3) as paragraphs (1) and 
     (2), respectively.
       (2) Subsection (b)(2) (as redesignated by paragraph (1) of 
     this section) is amended by striking ``(2)'' each place it 
     appears and inserting ``(1)''.
       (3) Subsection (e) is amended to read as follows:
       ``(e)(1) Except as expressly provided in this subsection, 
     this section shall not apply to works other than those 
     specified in subsection (b).
       ``(2) Owners of copyright in nondramatic literary works and 
     public broadcasting entities may, during the course of 
     voluntary negotiations, agree among themselves, respectively, 
     as to the terms and rates of royalty payments without 
     liability under the antitrust laws. Any such terms and rates 
     of royalty payments shall be effective upon being filed in 
     the Copyright Office, in accordance with regulations that the 
     Register of Copyrights shall prescribe.''.

     SEC. 9. REGISTRATION AND INFRINGEMENT ACTIONS.

       Section 411(b)(1) of title 17, United States Code, is 
     amended to read as follows:
       ``(1) serves notice upon the infringer, not less than 48 
     hours before such fixation, identifying the work and the 
     specific time and source of its first transmission, and 
     declaring an intention to secure copyright in the work; 
     and''.

     SEC. 10. COPYRIGHT OFFICE FEES.

       (a) Fee Increases.--Section 708(b) of title 17, United 
     States Code, is amended to read as follows:
       ``(b) In calendar year 1996 and in any subsequent calendar 
     year, the Register of Copyrights, by regulation, may increase 
     the fees specified in subsection (a) in the following manner:
       ``(1) The Register shall conduct a study of the costs 
     incurred by the Copyright Office for the registration of 
     claims, the recordation of documents, and the provision of 
     services. The study shall also consider the timing of any 
     increase in fees and the authority to use such fees 
     consistent with the budget.
       ``(2) The Register shall have discretion to increase fees 
     up to the reasonable costs incurred by the Copyright Office 
     for the services described in paragraph (1) plus a reasonable 
     inflation adjustment to account for any estimated increase in 
     costs.
       ``(3) Any newly established fee based on paragraph (2) 
     shall be rounded off to the nearest dollar, or for a fee less 
     than $12, rounded off to the nearest 50 cents.

[[Page H5783]]

       ``(4) The fees shall be fair and equitable and give due 
     consideration to the objectives of the copyright system.
       ``(5) If upon completion of the study, the Register 
     determines that the fees should be increased, the Register 
     shall prepare a proposed fee schedule and submit the schedule 
     with the accompanying economic analysis to the Congress. The 
     fees proposed by the Register may be instituted after the end 
     of 120 days after the schedule is submitted to the Congress 
     unless, within that 120-day period, a law is enacted stating 
     in substance that the Congress does not approve the 
     schedule.''.
       (b) Deposit of Fees.--Section 708(d) of such title is 
     amended to read as follows:
       ``(d)(1) Except as provided in paragraph (2), all fees 
     received under this section shall be deposited by the 
     Register of Copyrights in the Treasury of the United States 
     and shall be credited to the appropriations for necessary 
     expenses of the Copyright Office. Such fees that are 
     collected shall remain available until expended. The Register 
     may, in accordance with regulations that he or she shall 
     prescribe, refund any sum paid by mistake or in excess of the 
     fee required by this section.
       ``(2) In the case of fees deposited against future 
     services, the Register of Copyrights shall request the 
     Secretary of the Treasury to invest in interest-bearing 
     securities in the United States Treasury any portion of the 
     fees that, as determined by the Register, is not required to 
     meet current deposit account demands. Funds shall be invested 
     in securities that permit funds to be available to the 
     Copyright Office at all times if they are determined to be 
     necessary to meet current deposit account demands. Such 
     investments shall be in public debt securities with 
     maturities suitable to the needs of the fund, as determined 
     by the Register of Copyrights, and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturities.
       ``(3) The income on such investments shall be deposited in 
     the Treasury of the United States and shall be credited to 
     the appropriations for necessary expenses of the Copyright 
     Office.''.

     SEC. 11. COPYRIGHT ARBITRATION ROYALTY PANELS.

       (a) Establishment and Purpose.--Section 801 of title 17, 
     United States Code, is amended--
       (1) in subsection (b)(1) by striking ``and 116'' in the 
     first sentence and inserting ``116, and 119'';
       (2) in subsection (c) by inserting after ``panel'' at the 
     end of the sentence the following:

     ``, including--
       ``(1) authorizing the distribution of those royalty fees 
     collected under sections 111, 119, and 1005 that the 
     Librarian has found are not subject to controversy; and
       ``(2) accepting or rejecting royalty claims filed under 
     sections 111, 119, and 1007 on the basis of timeliness or the 
     failure to establish the basis for a claim''; and
       (3) by amending subsection (d) to read as follows:
       ``(d) Support and Reimbursement of Arbitration Panels.--The 
     Librarian of Congress, upon the recommendation of the 
     Register of Copyrights, shall provide the copyright 
     arbitration royalty panels with the necessary administrative 
     services related to proceedings under this chapter, and shall 
     reimburse the arbitrators at such intervals and in such 
     manner as the Librarian shall provide by regulation. Each 
     such arbitrator is an independent contractor acting on behalf 
     of the United States, and shall be paid pursuant to a signed 
     agreement between the Library of Congress and the arbitrator. 
     Payments to the arbitrators shall be considered costs 
     incurred by the Library of Congress and the Copyright 
     Office for purposes of section 802(h)(1).''.
       (b) Proceedings.--Section 802(h)(1) of title 17, United 
     States Code, is amended--
       (1) by amending the heading to read ``Deduction of costs of 
     library of congress and copyright office from royalty fees.--
     '';
       (2) in the first sentence by inserting ``to support 
     distribution proceedings'' after ``Copyright Office''; and
       (3) by amending the third sentence to read as follows: ``In 
     ratemaking proceedings, the Librarian of Congress and the 
     Copyright Office may assess their reasonable costs directly 
     to the parties to the most recent relevant arbitration 
     proceeding, 50 percent of the costs to the parties who would 
     receive royalties from the royalty rate adopted in the 
     proceeding and 50 percent of the costs to the parties who 
     would pay the royalty rate so adopted, subject to the 
     discretion of the arbitrators to assess costs under 
     subsection (c).''.

     SEC. 12. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.

       Section 1007(b) of title 17, United States Code, is amended 
     by striking ``Within 30 days after'' in the first sentence 
     and inserting ``After''.

     SEC. 13. TREATMENT OF PRE-1978 PUBLICATION OF SOUND 
                   RECORDINGS.

       Section 303 of title 17, United States Code, is amended--
       (1) by striking ``Copyright'' and inserting ``(a) 
     Copyright''; and
       (2) by adding at the end the following:
       ``(b) The distribution before January 1, 1978, of a 
     phonorecord shall not for any purpose constitute a 
     publication of the musical work embodied therein.''.

     SEC. 14. CONFORMING AMENDMENT.

       Paragraph (5) of section 4 of the Digital Performance Right 
     in Sound Recordings Act of 1995 is redesignated as paragraph 
     (4).

     SEC. 15. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     the enactment of this Act.
       (b) Satellite Home Viewer Act.--The amendments made by 
     section 1 shall be effective as if enacted as part of the 
     Satellite Home Viewer Act of 1994 (Public Law 103-369).
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Moorhead] and the gentlewoman from Colorado [Mrs. 
Schroeder] will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Moorhead].


                             general leave

  Mr. MOORHEAD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 1861.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. MOORHEAD. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. MOORHEAD asked and was given permission to revise and extend his 
remarks.)
  Mr. MOORHEAD. Mr. Speaker, I rise in support of H.R. 1861, the 
Copyright Clarifications Act of 1996. This important legislation will 
assist the U.S. Copyright Office in carrying out its duties, including 
giving the Office the ability to set reasonable fees for basic 
services, subject to congressional approval. It corrects or clarifies 
the language in several recent amendments to the Copyright act so that 
Congress' original intent can be better achieved. Two provisions 
resolve problems created by recent judicial interpretations of 
provisions of the copyright law. One of these amendments makes clear 
that the distribution of musical disks or tapes before 1978 did not 
publish the musical compositions embodied in the disks or tapes. The 
other amendment ensures that independent service organizations have the 
ability to activate a computer to maintain and repair its hardware 
components without being held liable by a court for copyright 
infringement due to that activation alone.
  The U.S. Copyright Office is the agency charged with primary 
responsibility for implementing the provisions of the Copyright Act. In 
early 1995, the Copyright Office submitted to the Subcommittee on 
Courts and Intellectual Property a number of recommendations to clarify 
or correct the following: the Copyright Fees and Technical Amendments 
Act of 1989, the Audio Home Recording Act of 1992, the Copyright 
Royalty Tribunal Reform Act of 1993, the Satellite Home Viewer Act of 
1994, and the Digital Performance Right in Sound Recordings Act of 
1995. This legislation is the result of those efforts and I want to 
congratulate the Register of Copyrights, Marybeth Peters, and her 
staff, for their great initiative and hard work.

  This legislation amends section 117 to ensure that independent 
service organizations do not inadvertently become liable for copyright 
infringement merely because they have turned on a machine in order to 
service its hardware components. The language contained in this section 
of the bill was driven by the introduction of H.R. 533, by 
Representative Knollenberg of Michigan. I thank Mr. Knollenberg for 
bringing this important matter to the subcommittee's attention and for 
leading the way in negotiations between the parties which resulted in 
the language contained in this bill.
  A provision of this bill which clarifies the law to ensure that the 
mere distribution of musical disks or tapes before 1978 did not 
constitute a publication of the musical composition embodied in those 
disks or tapes comes from a decision of the Ninth Circuit in the case 
of La Cienega Music Co. which conflicts with 90 years of practice of 
the U.S. Copyright Office and the longstanding legal precedent in this 
country, thereby casting a black cloud over the rights of every U.S. 
music publisher for any pre-1978 composition released on phonorecords. 
I want to take a moment to thank Mr. Bernard Besman, the owner of La 
Cienega Music Co., who has fought so hard to exhaust his remedies in 
the courts, and who is primarily responsible for the necessary 
clarification to the law that exists in H.R. 1861. Music publishers, 
songwriters, and all those involved in the creation of music owe Mr. 
Besman deep thanks for his personal sacrifice

[[Page H5784]]

in pursuing through the judicial and legislative system a just solution 
to a wrong about which he felt strongly. He can be assured that we will 
work quickly to get this piece of legislation to the President's desk 
for his signature so that Mr. Besman's fight for all music writers and 
publishers can come to a rewarding end.
  Mr. Speaker, all of the provisions contained in this bill are 
necessary for the proper functioning of the U.S. Copyright Office and 
the Copyright system, I am unaware of any opposition to this 
legislation, and I urge a favorable vote on H.R. 1861.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. SCHROEDER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker. I again thank my subcommittee chairman, the 
distinguished gentleman from California, [Mr. Moorhead], and I join the 
subcommittee chairman and the members of the subcommittee in supporting 
H.R. 1861, which has a whole number of provisions that clarify the 
copyright law.
  So we are doing two things today. In the prior bill we increased the 
penalties, and here we are making it as clear as possible what the 
copyright law should be. Some of these provisions correct drafting 
errors in prior recent amendments to the law. Other provisions are 
intended to assist the Copyright Office in carrying out their duties. 
These provisions are basically technical and housekeeping in nature. 
This is one of the few housekeeping tasks I ever do in my role here. 
They are described in detail in the bill report that accompanies this.
  Another provision reinstates the longstanding view of the Copyright 
Office that has been confirmed by the Second Circuit Court of Appeals 
that the sale or distribution of recordings to the public before 1978 
did not constitute publication of the music composition embodied in the 
recording.

                              {time}  1515

  This longstanding view, however, was rejected by the ninth circuit 
last year, and that created a good deal of uncertainty for many musical 
works that have been recorded and sold before 1978. This bill is 
intended to remove that uncertainty by confirming the longstanding view 
of the Copyright Office and what everybody had thought had been the law 
before the ninth circuit decision.
  Finally, there is a narrowly crafted provision that enables 
independent service organizations that have the ability to activate a 
computer to maintain and repair its hardware components without 
becoming liable for copyright infringement.
  I want to emphasize the extremely narrow reach of this provision. It 
is designed to maintain undiminished copyright protection to authors of 
computer programs, while making it possible for third parties to 
service the computer hardware.
  The provisions of this bill have received the support of the Register 
of Copyrights who testified before our subcommittee on behalf of the 
U.S. Copyright Office. I urge my colleagues to support this bill.
  Mr. Speaker, having no further requests for time, I yield back the 
balance of my time.
  Mr. MOORHEAD. Mr. Speaker, I yield 5 minutes to the gentleman from 
Michigan [Mr. Knollenberg].
  Mr. KNOLLENBERG. Mr. Speaker, I thank the gentleman for yielding time 
to me.
  Mr. Speaker, I want to thank Chairman Moorhead for pushing this bill 
through Congress. It is a tribute to his fine leadership--and 
leadership we will miss when he departs at the end of this Congress.
  I am very pleased the chairman has provided this opportunity to move 
this important, bipartisan bill through the House. My bill, H.R. 533, 
has been included in this legislation, and I want to extend my 
appreciation to the chairman for choosing to include our language.
  My bill is designed to ensure that independent service organizations 
[ISO's] do not inadvertently become liable for copyright infringement 
merely because they have turned on a machine in order to service its 
hardware components.
  As it is written, current law holds them liable when they flip the 
switch. It places a heavy burden on our workers who need to service our 
computer systems. And a strict enforcement of this law could shut down 
the multibillion dollar high technology maintenance industry which 
provides thousands of jobs.
  In today's business world, our computer service technicians must have 
the flexibility to do their jobs without the fear they are breaking 
copyright laws.
  Every day our reliance on our computer systems is growing, and in 
today's deadline-filled, rushed business world, minutes can mean 
millions.
  These restrictions also have a negative impact on consumers. Costs 
and convenience are major factors when using specific computer service 
people. Forcing consumers into strict requirements of who can and 
cannot service your computer will certainly negatively impact consumers 
and businesses alike.
  With the personal computer as common in our day-to-day lives as any 
other household item, we need to give our computer repairmen the 
flexibility and opportunity to service our systems.
  At this point I would like to enter into a colloquy with the 
distinguished chairman of the Courts and Intellectual Property 
Subcommittee.
  Mr. Chairman, the report language states:

       When a computer is activated, that is when it is turned on, 
     certain software or parts thereof (generally the machine's 
     operating system software) is automatically copied into the 
     machine's random access memory, or RAM.

  In the very next sentence it states:

       During the course of activating the computer, different 
     parts of the operating system may reside in the RAM at 
     different times because the operating system is sometimes 
     larger than the capacity of the RAM.

  Mr. Chairman, does activating the computer mean allowing the entire 
operating system to be loaded by the computer into the RAM, even if 
different parts of the operating system are not loaded in one step?
  Mr. MOORHEAD. If the gentleman will yield, Mr. Speaker, the gentleman 
is correct. Activation may include getting the different parts of the 
operating system through the RAM. Because the entire operating system 
may not entirely fit into the RAM, activation may proceed through a 
series of steps until the entire operating system is fully loaded.
  Mr. KNOLLENBERG. Again, I want to thank the chairman for his efforts 
and hard work. I want to thank him for including my legislation in this 
bill.
  Mr. MOORHEAD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Moorhead] that the House suspend the 
rules and pass the bill, H.R. 1861, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________