[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Page 30880]
[From the U.S. Government Publishing Office, www.gpo.gov]



               COPYRIGHT DAMAGES IMPROVEMENT ACT OF 1999

  Ms. COLLINS. I ask unanimous consent the Chair lay before the Senate 
a message from the House to accompany S. 1257.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1257) entitled 
     ``An Act to amend statutory damages provisions of title 17, 
     United States Code'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Copyright Damages 
     Improvement Act of 1999''.

     SEC. 2. STATUTORY DAMAGES ENHANCEMENT.

       Section 504(c) of title 17, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``$500'' and inserting ``$750''; and
       (B) by striking ``$20,000'' and inserting ``$30,000''; and
       (2) in paragraph (2), by striking ``$100,000'' and 
     inserting ``$150,000''.

     SEC. 3. SENTENCING COMMISSION GUIDELINES.

       Section 2(g) of the No Electronic Theft (NET) Act (28 
     U.S.C. 994 note) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) In implementing paragraph (1), the Sentencing 
     Commission shall amend the guideline applicable to criminal 
     infringement of a copyright or trademark to provide an 
     enhancement based upon the retail price of the legitimate 
     items that are infringed upon and the quantity of the 
     infringing items. To the extent the conduct involves a 
     violation of section 2319A of title 18, United States Code, 
     the enhancement shall be based upon the retail price of the 
     infringing items and the quantity of the infringing items.
       ``(3) Paragraph (1) shall be implemented not later than 3 
     months after the later of--
       ``(A) the first day occurring after May 20, 1999; or
       ``(B) the first day after the date of the enactment of this 
     paragraph,
     on which sufficient members of the Sentencing Commission have 
     been confirmed to constitute a quorum.
       ``(4) The Commission shall promulgate the guidelines or 
     amendments provided for under this section in accordance with 
     the procedures set forth in section 21(a) of the Sentencing 
     Act of 1987, as though the authority under that Act had not 
     expired.''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by section 2 shall apply to any action 
     brought on or after the date of the enactment of this Act, 
     regardless of the date on which the alleged activity that is 
     the basis of the action occurred.


                           Amendment No. 2790

 (Purpose: To provide for the promulgation of emergency guidelines by 
     the United States Sentencing Commission relating to criminal 
   infringement of a copyright or trademark, and for other purposes)

  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment with a further amendment which is at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Maine [Ms. Collins] for Mr. Hatch, for 
     himself, and Mr. Leahy, proposes an amendment numbered 2790.

  The amendment is as follows:

       On page 1, line 2, insert ``Digital Theft Deterrence and'' 
     before ``Copyright''.

       On page 2, strike lines 2 through 26 and insert the 
     following:
       Within 120 days after the date of the enactment of this 
     Act, or within 120 days after the first date on which there 
     is a sufficient number of voting members of the Sentencing 
     Commission to constitute a quorum, whichever is later, the 
     Commission shall promulgate emergency guideline amendments to 
     implement section 2(g) of the No Electronic Theft (NET) Act 
     (28 U.S.C. 994 note) in accordance with the procedures set 
     forth in section 21(a) of the Sentencing Act of 1987, as 
     though the authority under that Act had not expired.

  The PRESIDING OFFICER. Without objection, it is so ordered.

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