Home > 108th Congressional Bills > S.Con.Res. 146 (ats) To direct the Secretary of the Senate to make corrections in the enrollment of the bill S. 150. [Agreed to Senate] ...S.Con.Res. 146 (ats) To direct the Secretary of the Senate to make corrections in the enrollment of the bill S. 150. [Agreed to Senate] ...
108th CONGRESS
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.
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