[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Senate]
[Pages S11392-S11393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 CORRECTING THE ENROLLMENT OF H.R. 1417

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Con. Res. 145, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The assistant legislative clerk read as follows:

       A concurrent resolution (S. Res. 145) to correct the 
     enrollment of H.R. 1417.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the motion to reconsider be laid upon the table, and any 
statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Res. 145) was agreed to, as follows:

                            S. Con. Res. 145

       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''.

[[Page S11393]]

       (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.

  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the motion to reconsider be laid upon the table, and any 
statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________