by the United States Congress

“ In a case in which the copyright owner of a sound recording has licensed the sound recording for the public performance of the sound recording by means of a digital audio transmission, the copyright owner shall deposit 1 percent of the receipts from the license with the American Federation of Musicians and American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund (or any successor entity) (in this subparagraph referred to as the `Fund') to be distributed to nonfeatured performers who have performed on sound recordings. ”

“ Notwithstanding the provisions of subparagraphs (A) through (C) , each individual terrestrial broadcast station that has gross revenues in any calendar year of less than $1,250,000 may elect to pay for its over-the-air nonsubscription broadcast transmissions a royalty fee of $5,000 per year, in lieu of the amount such station would otherwise be required to pay under this paragraph. Such royalty fee shall not be taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding. ”

“ Incidental Uses of Music- Section 114 (d) (1) of title 17, United States Code, as amended by section 2 (b) , is further amended by inserting the following before subparagraph (B) : ` (A) an eligible nonsubscription transmission of-- ` (i) services at a place of worship or other religious assembly; and ` (ii) an incidental use of a musical sound recording;'. ”