[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 145 Enrolled Bill (ENR)]

        S.Con.Res.145
                                     Agreed to November 17, 2004        

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring), 
That in the enrollment of H.R. 1417, an Act to amend title 17, United 
States Code, to replace copyright arbitration royalty panels with 
Copyright Royalty Judges, and for other purposes (the Copyright Royalty 
and Distribution Reform Act of 2004), the Clerk of the House of 
Representatives shall make the following corrections:
        (1) In section 801 of title 17, United States Code, as amended 
    by section 3(a) of H.R. 1417--
            (A) in subsection (b)(7)(A)--
                (i) in clause (i), strike ``the other participants'' 
            and insert ``participants''; and
                (ii) in clause (ii), strike ``any other participant 
            described in subparagraph (A)'' and insert ``any 
            participant described in clause (i)'';
            (B) in subsection (b)(7)(B), strike ``118(b) (2) or (3)'' 
        and insert ``118(b)(2)'';
            (C) in subsection (b)(8), insert a comma after ``802(g)''; 
        and
            (D) in subsection (c), strike ``As provided in section 
        801(f)(1), the'' and insert ``The''.
        (2) In section 802 of title 17, United States Code, as amended 
    by section 3(a) of H.R. 1417--
            (A) in subsection (a)(1), in the second sentence--
                (i) strike ``two Copyright'' and insert ``2 
            Copyright''; and
                (ii) strike ``one shall'' and insert ``1 shall'';
            (B) in subsection (c)--
                (i) strike ``appointed the Chief Copyright'' and insert 
            ``appointed as the Chief Copyright''; and
                (ii) strike ``appointed Copyright'' and insert 
            ``appointed as Copyright''; and
            (C) in subsection (f)--
                (i) in paragraph (1)(A)(ii), strike ``14 days of 
            receipt by the Register of Copyrights of all'' and insert 
            ``14 days after the Register of Copyrights receives all'';
                (ii) in paragraph (1)(B)(i)--

                    (I) strike ``The Register shall'' and insert ``The 
                Register of Copyrights shall'';
                    (II) strike ``30 days of receipt by the Register of 
                Copyrights of all'' and insert ``30 days after the 
                Register of Copyrights receives all''; and
                    (III) in the last sentence, insert ``to the 
                Copyright Royalty Judges'' after ``is timely 
                delivered'';

                (iii) in paragraph (1)(D)--

                    (I) insert after the second sentence the following: 
                ``The Register of Copyrights shall issue such written 
                decision not later than 60 days after the date on which 
                the final determination by the Copyright Royalty Judges 
                is issued.'';
                    (II) in the following sentence, insert a comma 
                after ``such written decision'';
                    (III) strike ``section 802(f)(1)(D)'' and insert 
                ``this subparagraph'';
                    (IV) strike ``notification and undertakes to 
                consult with'' and insert ``notification to, and 
                undertakes to consult with,''; and
                    (V) strike ``fails within reasonable period after 
                receipt of such notification'' and insert ``fails, 
                within a reasonable period after receiving such 
                notification,''.

        (3) In section 803 of title 17, United States Code, as amended 
    by section 3(a) of H.R. 1417--
            (A) in subsection (a)(1), strike ``Librarian of Congress, 
        copyright arbitration royalty panels,'' and insert ``the 
        Librarian of Congress,'';
            (B) in subsection (b)--
                (i) in paragraph (1), amend subparagraph (A)(i) to read 
            as follows:
            ``(A) Call for petitions to participate.--(i) The Copyright 
        Royalty Judges shall cause to be published in the Federal 
        Register notice of commencement of proceedings under this 
        chapter, calling for the filing of petitions to participate in 
        a proceeding under this chapter for the purpose of making the 
        relevant determination under section 111, 112, 114, 115, 116, 
        118, 119, 1004, or 1007, as the case may be--
                ``(I) promptly upon a determination made under section 
            804(a);
                ``(II) by no later than January 5 of a year specified 
            in paragraph (2) of section 804(b) for the commencement of 
            proceedings;
                ``(III) by no later than January 5 of a year specified 
            in subparagraph (A) or (B) of paragraph (3) of section 
            804(b) for the commencement of proceedings, or as otherwise 
            provided in subparagraph (A) or (C) of such paragraph for 
            the commencement of proceedings;
                ``(IV) as provided under section 804(b)(8); or
                ``(V) by no later than January 5 of a year specified in 
            any other provision of section 804(b) for the filing of 
            petitions for the commencement of proceedings, if a 
            petition has not been filed by that date.'';
                (ii) in clause (ii) of paragraph (1)(A)--

                    (I) strike ``proceeding, under clause (i)'' and 
                insert ``proceeding under clause (i)''; and
                    (II) strike ``section 803(b)(3)'' and insert 
                ``paragraph (3)'';

                (iii) in paragraph (4)(A), strike ``a participant in 
            the proceeding asserts a claim in the amount of'' and 
            insert ``the contested amount of a claim is'';
                (iv) in paragraph (6)(C)--

                    (I) in clause (iv), insert a comma after 
                ``orders'';
                    (II) in clause (v), strike ``according to'' and 
                insert ``in accordance with''; and
                    (III) in clause (vi)(I), strike ``absent the 
                discovery sought'' and insert ``, absent the discovery 
                sought,'';

                (v) in clause (vii), strike ``interrogatories and'' and 
            insert ``interrogatories, and''; and
                (vi) in clause (ix)--

                    (I) in the first sentence, insert a comma after 
                ``give testimony'' and insert a comma after 
                ``inspection of documents or tangible things''; and
                    (II) in the last sentence, strike ``subparagraph'' 
                and insert ``clause'';

            (C) in subsection (c)--
                (i) in paragraph (1), strike ``(b)(3)(C)(x)'' and 
            insert ``(b)(6)(C)(x)'';
                (ii) in paragraph (2)--

                    (I) in subparagraph (A)--

                        (aa) insert ``in a proceeding'' after ``a 
                    participant''; and
                        (bb) strike ``a proceeding is issued'' and 
                    insert ``the proceeding is issued'';

                    (II) in subparagraph (B), strike ``their initial 
                determination concerning rates and terms to the 
                participants in the proceeding'' and insert ``to the 
                participants in the proceeding their initial 
                determination concerning rates and terms''; and
                    (III) in subparagraph (C), strike ``except as 
                provided under subsection (d)(1)'' and insert ``except 
                that nonparticipation may give rise to the limitations 
                with respect to judicial review provided for in 
                subsection (d)(1)''; and

                (iii) in paragraph (6), strike ``Following review of 
            the determination by the Register of Copyrights under 
            section 802(f)(1)(D)'' and insert ``By no later than the 
            end of the 60-day period provided in section 
            802(f)(1)(D)''; and
            (D) in the second sentence of subsection (d)(2)(A), strike 
        ``transmission service'' and insert ``licensee''.
        (4) In section 5(b)(1)--
            (A) in subparagraph (A), strike ``and'' at the end;
            (B) strike subparagraph (B); and
            (C) redesignate subparagraphs (C) and (D) as subparagraphs 
        (B) and (C), respectively.
        (5) In the amendment made by section 5(b)(1)(A)--
            (A) strike ``5-year periods'' and insert ``5-year period''; 
        and
            (B) strike ``such other periods'' and insert ``such other 
        period''.
        (6) Strike paragraph (3) of section 5(b) and insert the 
    following:
        (3) in paragraph (5), by striking ``determination by a 
    copyright arbitration royalty panel or decision by the Librarian of 
    Congress'' and inserting ``decision by the Librarian of Congress or 
    determination by the Copyright Royalty Judges'';
        (7) In the amendment made by section 5(c)(1)(A)(i)--
            (A) strike ``5-year periods'' and insert ``the 5-year 
        period''; and
            (B) strike ``different transitional periods are provided in 
        section 804(b), or such periods'' and insert ``a different 
        transitional period is provided under section 6(b)(3) of the 
        Copyright Royalty and Distribution Reform Act of 2004, or such 
        other period''.
        (8) In the amendment made by section 5(c)(1)(B)(i), strike `in 
    section 804(b)'' and insert ``under section 6(b)(3) of the 
    Copyright Royalty and Distribution Reform Act of 2004''.
        (9) In the amendment made by section 5(c)(2)(A)--
            (A) strike ``5-year periods'' and insert ``the 5-year 
        period''; and
            (B) strike ``different transitional periods are provided in 
        section 804(b), or such periods'' and insert ``a different 
        transitional period is provided under section 6(b)(3) of the 
        Copyright Royalty and Distribution Reform Act of 2004, or such 
        other period''.
        (10) In the amendment made by section 5(c)(2)(B)(i), strike `in 
    section 804(b)'' and insert ``under section 6(b)(3) of the 
    Copyright Royalty and Distribution Reform Act of 2004''.
        (11) Strike paragraph (3) of section 5(c) and insert the 
    following:
        (3) in paragraph (3), by striking ``determination by a 
    copyright arbitration royalty panel or decision by the Librarian of 
    Congress'' and inserting ``decision by the Librarian of Congress or 
    determination by the Copyright Royalty Judges''; and
        (12) In section 5(c)(4)(B), insert ``of subparagraph (A) the 
    following:'' after ``by adding after the first sentence''.
        (13) In the amendment made by section 5(d)(3)(A), strike 
    ``during periods'' and insert ``during the period''.
        (14) In section 5(d)(4)--
            (A) strike ``and'' at the end of subparagraph (B);
            (B) add ``and'' after the semicolon at the end of 
        subparagraph (C); and
            (C) add after subparagraph (C) the following:
            (D) in the last sentence, by striking ``Librarian of 
        Congress'' and inserting ``Copyright Royalty Judges''.
        (15) In the amendment made by section 5(d)(5)(A)(i), strike ``, 
    Copyright Royalty Judges, or a copyright arbitration royalty panel 
    to the extent those determinations were accepted by the Librarian 
    of Congress'' and insert ``or Copyright Royalty Judges''.
        (16) In the amendment made by section 5(f)(1)(B)--
            (A) strike ``, a copyright arbitration royalty panel,''; 
        and
            (B) strike ``to the extent that they were accepted by the 
        Librarian of Congress,''.
        (17) In section 5, insert the following after subsection (g) 
    and redesignate succeeding subsections accordingly:
    (h) Ratemaking for Satellite Carriers.--Section 119(c) of title 17, 
United States Code, is amended--
        (1) in paragraph (2)--
            (A) in subparagraph (B), by striking ``Librarian of 
        Congress'' and inserting ``Copyright Royalty Judges''; and
            (B) in subparagraph (C), by striking ``Register of 
        Copyrights shall prescribe'' and inserting ``Copyright Royalty 
        Judges shall prescribe as provided in section 803(b)(6); and
        (2) in paragraph (3)--
            (A) in subparagraph (A)--
                (i) by striking ``arbitration proceedings'' and 
            inserting ``proceedings''; and
                (ii) by striking ``arbitration proceeding'' and 
            inserting ``proceedings'';
            (B) in subparagraph (B)--
                (i) by striking ``copyright arbitration royalty panel 
            appointed under chapter 8'' and inserting ``Copyright 
            Royalty Judges''; and
                (ii) by striking ``panel shall base its decision'' and 
            inserting ``Copyright Royalty Judges shall base their 
            determination''; and
            (C) in subparagraph (C)--
                (i) in the heading, by striking ``decision of 
            arbitration panel or order of librarian'' and inserting 
            ``determination under chapter 8''; and
                (ii) by striking clauses (i) and (ii) and inserting the 
            following:
                ``(i) is made by the Copyright Royalty Judges pursuant 
            to this paragraph and becomes final, or
                ``(ii) is made by the court on appeal under section 
            803(d)(3),''.
        (18) In the first sentence of section 6(b)(1)--
            (A) strike ``date of enactment of this Act'' and insert 
        ``effective date provided in subsection (a)''; and
            (B) strike ``such date of enactment'' and insert ``such 
        effective date''.
        (19) Strike paragraph (2) of section 6(b) and insert the 
    following:
        (2) Certain royalty rate proceedings.--Notwithstanding 
    paragraph (1), the amendments made by this Act shall not affect 
    proceedings to determine royalty rates pursuant to section 119(c) 
    of title 17, United States Code, that are commenced before January 
    31, 2006.
  Attest:

                                               Secretary of the Senate.

  Attest:

                                 Clerk of the House of Representatives.