[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 145 Engrossed in Senate (ES)]

  2d Session
S. CON. RES. 145

_______________________________________________________________________

                         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.

            Passed the Senate November 16, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                            S. CON. RES. 145

_______________________________________________________________________

                         CONCURRENT RESOLUTION

                To correct the enrollment of H.R. 1417.