I 

113TH CONGRESS 

2D SESSION H. R. 5728 

To amend the Communications Act of 1934 and title 17, United States 

Code, to extend expiring provisions relating to the retransmission of 

signals of television broadcast stations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2014 

Mr. UPTON (for himself, Mr. WAXMAN, Mr. WALDEN, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on the Judiciary, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Communications Act of 1934 and title 17, 

United States Code, to extend expiring provisions relating to the retransmission of signals of television broadcast stations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘STELA Reauthorization Act of 2014’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. No additional appropriations authorized. 

TITLE I—COMMUNICATIONS PROVISIONS 

Sec. 101. Extension of authority. 

Sec. 102. Modification of television markets to further consumer access to relevant television programming. 

Sec. 103. Consumer protections in retransmission consent. 

Sec. 104. Delayed application of JSA attribution rule. 

Sec. 105. Deletion or repositioning of stations during certain periods. 

Sec. 106. Repeal of integration ban. 

Sec. 107. Report on communications implications of statutory licensing modifications. 

Sec. 108. Local network channel broadcast reports. 

Sec. 109. Report on designated market areas. 

Sec. 110. Update to cable rates report. 

Sec. 111. Administrative reforms to effective competition petitions. 

Sec. 112. Definitions. 

TITLE II—COPYRIGHT PROVISIONS 

Sec. 201. Reauthorization. 

Sec. 202. Termination of license. 

Sec. 203. Local service area of a primary transmitter. 

Sec. 204. Market determinations. 

TITLE III—SEVERABILITY 

Sec. 301. Severability. 

3 SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. 

4 No additional funds are authorized to carry out this 

5 Act, or the amendments made by this Act. This Act, and 

6 the amendments made by this Act, shall be carried out 

7 using amounts otherwise authorized or appropriated. 

8 TITLE I—COMMUNICATIONS 

9 PROVISIONS 

10 SEC. 101. EXTENSION OF AUTHORITY. 

11 Section 325(b) of the Communications Act of 1934 

12 (47 U.S.C. 325(b)) is amended— 

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1 (1) in paragraph (2)(C), by striking ‘‘December 

2 31, 2014’’ and inserting ‘‘December 31, 2019’’; and 

3 (2) in paragraph (3)(C), by striking ‘‘January 

4 1, 2015’’ each place it appears and inserting ‘‘Janu5 ary 1, 2020’’. 

6 SEC. 102. MODIFICATION OF TELEVISION MARKETS TO 

7 FURTHER CONSUMER ACCESS TO RELEVANT 

8 TELEVISION PROGRAMMING. 

9 (a) IN GENERAL.—Section 338 of the Communica10 tions Act of 1934 (47 U.S.C. 338) is amended by adding 

11 at the end the following: 

12 ‘‘(l) MARKET DETERMINATIONS.— 

13 ‘‘(1) IN GENERAL.—Following a written re14 quest, the Commission may, with respect to a par15 ticular commercial television broadcast station, in16 clude additional communities within its local market 

17 or exclude communities from such station’s local 

18 market to better effectuate the purposes of this sec19 tion. 

20 ‘‘(2) CONSIDERATIONS.—In considering re21 quests filed under paragraph (1), the Commission— 

22 ‘‘(A) may determine that particular com23 munities are part of more than one local mar24 ket; and 

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1 ‘‘(B) shall afford particular attention to 

2 the value of localism by taking into account 

3 such factors as— 

4 ‘‘(i) whether the station, or other sta5 tions located in the same area— 

6 ‘‘(I) have been historically carried 

7 on the cable system or systems within 

8 such community; or 

9 ‘‘(II) have been historically car10 ried on the satellite carrier or carriers 

11 serving such community; 

12 ‘‘(ii) whether the television station 

13 provides coverage or other local service to 

14 such community; 

15 ‘‘(iii) whether modifying the local 

16 market of the television station would pro17 mote consumers’ access to television broad18 cast station signals that originate in their 

19 State of residence; 

20 ‘‘(iv) whether any other television sta21 tion that is eligible to be carried by a sat22 ellite carrier in such community in fulfill23 ment of the requirements of this section 

24 provides news coverage of issues of concern 

25 to such community or provides carriage or 

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1 coverage of sporting and other events of 

2 interest to the community; and 

3 ‘‘(v) evidence of viewing patterns in 

4 households that subscribe and do not sub5 scribe to the services offered by multi6 channel video programming distributors 

7 within the areas served by such multi8 channel video programming distributors in 

9 such community. 

10 ‘‘(3) CARRIAGE OF SIGNALS.— 

11 ‘‘(A) CARRIAGE OBLIGATION.—A market 

12 determination under this subsection shall not 

13 create additional carriage obligations for a sat14 ellite carrier if it is not technically and economi15 cally feasible for such carrier to accomplish 

16 such carriage by means of its satellites in oper17 ation at the time of the determination. 

18 ‘‘(B) DELETION OF SIGNALS.—A satellite 

19 carrier shall not delete from carriage the signal 

20 of a commercial television broadcast station 

21 during the pendency of any proceeding under 

22 this subsection. 

23 ‘‘(4) DETERMINATIONS.—Not later than 120 

24 days after the date that a written request is filed 

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1 under paragraph (1), the Commission shall grant or 

2 deny the request. 

3 ‘‘(5) NO EFFECT ON ELIGIBILITY TO RECEIVE

4 DISTANT SIGNALS.—No modification of a commer5 cial television broadcast station’s local market pursu6 ant to this subsection shall have any effect on the 

7 eligibility of households in the community affected 

8 by such modification to receive distant signals pur9 suant to section 339, notwithstanding subsection 

10 (h)(1) of this section.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 

12 614(h)(1)(C) of the Communications Act of 1934 (47 

13 U.S.C. 534(h)(1)(C)) is amended— 

14 (1) in clause (ii)— 

15 (A) in subclause (I), by striking ‘‘commu16 nity’’ and inserting ‘‘community or on the sat17 ellite carrier or carriers serving such commu18 nity’’; 

19 (B) by redesignating subclauses (III) and 

20 (IV) as subclauses (IV) and (V), respectively; 

21 (C) by inserting after subclause (II) the 

22 following: 

23 ‘‘(III) whether modifying the market 

24 of the television station would promote 

25 consumers’ access to television broadcast 

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1 station signals that originate in their State 

2 of residence;’’; and 

3 (D) by amending subclause (V), as redesig4 nated, to read as follows: 

5 ‘‘(V) evidence of viewing patterns in 

6 households that subscribe and do not sub7 scribe to the services offered by multi8 channel video programming distributors 

9 within the areas served by such multi10 channel video programming distributors in 

11 such community.’’; and 

12 (2) by moving the margin of clause (iv) 2 ems 

13 to the left. 

14 (c) MARKET MODIFICATION PROCESS.—The Com15 mission shall make information available to consumers on 

16 its website that explains the market modification process, 

17 including— 

18 (1) who may petition to include additional com19 munities within, or exclude communities from, a— 

20 (A) local market (as defined in section 

21 122(j) of title 17, United States Code); or 

22 (B) television market (as determined under 

23 section 614(h)(1)(C) of the Communications 

24 Act of 1934 (47 U.S.C. 534(h)(1)(C))); and 

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1 (2) the factors that the Commission takes into 

2 account when responding to a petition described in 

3 paragraph (1). 

4 (d) IMPLEMENTATION.— 

5 (1) DEADLINE FOR REGULATIONS.—Not later 

6 than 9 months after the date of the enactment of 

7 this Act, the Commission shall promulgate regula8 tions to implement this section and the amendments 

9 made by this section. 

10 (2) MATTERS FOR CONSIDERATION.—As part of 

11 the rulemaking required by paragraph (1), the Com12 mission shall ensure that procedures for the filing 

13 and consideration of a written request under sec14 tions 338(l) and 614(h)(1)(C) of the Communica15 tions Act of 1934 (47 U.S.C. 338(l); 534(h)(1)(C)) 

16 fully effectuate the purposes of the amendments 

17 made by this section, and update what it considers 

18 to be a community for purposes of a modification of 

19 a market under section 338(l) or 614(h)(1)(C) of 

20 the Communications Act of 1934. 

21 SEC. 103. CONSUMER PROTECTIONS IN RETRANSMISSION 

22 CONSENT. 

23 (a) JOINT RETRANSMISSION CONSENT NEGOTIA24 TIONS.—Section 325(b)(3)(C) of the Communications Act 

25 of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— 

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1 (1) in clause (ii), by striking ‘‘and’’ at the end; 

2 (2) in clause (iii), by striking the period at the 

3 end and inserting a semicolon; and 

4 (3) by adding at the end the following: 

5 ‘‘(iv) prohibit a television broadcast station 

6 from coordinating negotiations or negotiating on a 

7 joint basis with another television broadcast station 

8 in the same local market (as defined in section 

9 122(j) of title 17, United States Code) to grant re10 transmission consent under this section to a multi11 channel video programming distributor, unless such 

12 stations are directly or indirectly under common de 

13 jure control permitted under the regulations of the 

14 Commission; and’’. 

15 (b) PROTECTIONS FOR SIGNIFICANTLY VIEWED AND

16 OTHER TELEVISION SIGNALS.—Section 325(b)(3)(C) of 

17 the Communications Act of 1934 (47 U.S.C. 

18 325(b)(3)(C)) is further amended by adding at the end 

19 the following: 

20 ‘‘(v) prohibit a television broadcast station from 

21 limiting the ability of a multichannel video program22 ming distributor to carry into the local market (as 

23 defined in section 122(j) of title 17, United States 

24 Code) of such station a television signal that has 

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1 ing of section 76.54 of title 47, Code of Federal 

2 Regulations, or any successor regulation, or any 

3 other television broadcast signal such distributor is 

4 authorized to carry under section 338, 339, 340, or 

5 614 of this Act, unless such stations are directly or 

6 indirectly under common de jure control permitted 

7 by the Commission.’’. 

8 (c) GOOD FAITH.—Not later than 9 months after the 

9 date of the enactment of this Act, the Commission shall 

10 commence a rulemaking to review its totality of the cir11 cumstances test for good faith negotiations under clauses 

12 (ii) and (iii) of section 325(b)(3)(C) of the Communica13 tions Act of 1934 (47 U.S.C. 325(b)(3)(C)). 

14 (d) MARGIN CORRECTIONS.—Section 325(b) of the 

15 Communications Act of 1934 (47 U.S.C. 325(b)) is fur16 ther amended— 

17 (1) in paragraph (3)(C), by moving the margin 

18 of clause (iii) 4 ems to the left; and 

19 (2) by moving the margin of paragraph (7) 2 

20 ems to the left. 

21 (e) DEADLINE FOR REGULATIONS.—Not later than 

22 9 months after the date of the enactment of this Act, the 

23 Commission shall promulgate regulations to implement 

24 the amendments made by this section. 

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1 SEC. 104. DELAYED APPLICATION OF JSA ATTRIBUTION 

2 RULE. 

3 A party to a joint sales agreement (as defined in Note 

4 2(k) to section 73.3555 of title 47, Code of Federal Regu5 lations) that is in effect on the effective date of the amend6 ment to Note 2(k)(2) to such section made by the Further 

7 Notice of Proposed Rulemaking and Report and Order 

8 adopted by the Commission on March 31, 2014 (FCC 14– 

9 28), shall not be considered to be in violation of the owner10 ship limitations of such section by reason of the applica11 tion of the rule in such Note 2(k)(2) (as so amended) to 

12 such agreement before the date that is 6 months after the 

13 end of the period specified by the Commission in such Re14 port and Order for such a party to come into compliance 

15 with such ownership limitations. 

16 SEC. 105. DELETION OR REPOSITIONING OF STATIONS DUR17 ING CERTAIN PERIODS. 

18 (a) IN GENERAL.—Section 614(b)(9) of the Commu19 nications Act of 1934 (47 U.S.C. 534(b)(9)) is amended 

20 by striking the second sentence. 

21 (b) REVISION OF RULES.—Not later than 90 days 

22 after the date of the enactment of this Act, the Commis23 sion shall revise section 76.1601 of its rules (47 C.F.R. 

24 76.1601) and any note to such section by removing the 

25 prohibition against deletion or repositioning of a local 

26 commercial television station during a period in which 

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1 major television ratings services measure the size of audi2 ences of local television stations. 

3 SEC. 106. REPEAL OF INTEGRATION BAN. 

4 (a) TERMINATION OF EFFECTIVENESS.—The second 

5 sentence of section 76.1204(a)(1) of title 47, Code of Fed6 eral Regulations, terminates effective on the date that is 

7 1 year after the date of the enactment of this Act. 

8 (b) REMOVAL FROM RULES.—Not later than 545 

9 days after the date of the enactment of this Act, the Com10 mission shall complete all actions necessary to remove the 

11 sentence described in subsection (a) from its rules. 

12 (c) PRESERVATION OF WAIVERS.—Any waiver of sec13 tion 76.1204(a)(1) of title 47, Code of Federal Regula14 tions, in effect as of the date of the enactment of this 

15 Act or granted after such date shall be extended through 

16 December 31, 2015. 

17 (d) WORKING GROUP.— 

18 (1) IN GENERAL.—Not later than 45 days after 

19 the date of the enactment of this Act, the Chairman 

20 of the Commission shall establish a working group 

21 of technical experts representing a wide range of 

22 stakeholders, to identify, report, and recommend 

23 performance objectives, technical capabilities, and 

24 technical standards of a not unduly burdensome, 

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1 ware-based downloadable security system designed to 

2 promote the competitive availability of navigation de3 vices in furtherance of section 629 of the Commu4 nications Act of 1934 (47 U.S.C. 549). 

5 (2) REPORT.—Not later than 9 months after 

6 the date of the enactment of this Act, the working 

7 group shall file a report with the Commission on its 

8 work under paragraph (1). 

9 (3) COMMISSION ASSISTANCE.—The Chairman 

10 of the Commission may appoint a member of the 

11 Commission’s staff— 

12 (A) to moderate and direct the work of the 

13 working group under this subsection; and 

14 (B) to provide technical assistance to mem15 bers of the working group, as appropriate. 

16 (4) INITIAL MEETING.—The initial meeting of 

17 the working group shall take place not later than 90 

18 days after the date of the enactment of this Act. 

19 SEC. 107. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

20 STATUTORY LICENSING MODIFICATIONS. 

21 (a) STUDY.—The Comptroller General of the United 

22 States shall conduct a study that analyzes and evaluates 

23 the changes to the carriage requirements currently im24 posed on multichannel video programming distributors 

25 under the Communications Act of 1934 (47 U.S.C. 151 

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1 et seq.) and the regulations promulgated by the Commis2 sion that would be required or beneficial to consumers, 

3 and such other matters as the Comptroller General con4 siders appropriate, if Congress implemented a phase-out 

5 of the current statutory licensing requirements set forth 

6 under sections 111, 119, and 122 of title 17, United 

7 States Code. Among other things, the study shall consider 

8 the impact such a phase-out and related changes to car9 riage requirements would have on consumer prices and ac10 cess to programming. 

11 (b) REPORT.—Not later than 18 months after the 

12 date of the enactment of this Act, the Comptroller General 

13 shall submit to the appropriate congressional committees 

14 a report on the results of the study conducted under sub15 section (a), including any recommendations for legislative 

16 or administrative actions. Such report shall also include 

17 a discussion of any differences between such results and 

18 the results of the study conducted under section 303 of 

19 the Satellite Television Extension and Localism Act of 

20 2010 (124 Stat. 1255). 

21 SEC. 108. LOCAL NETWORK CHANNEL BROADCAST RE22 PORTS. 

23 (a) REQUIREMENT.— 

24 (1) IN GENERAL.—On the 270th day after the 

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1 ceeding anniversary of such 270th day, each satellite 

2 carrier shall submit an annual report to the Com3 mission setting forth— 

4 (A) each local market in which it— 

5 (i) retransmits signals of 1 or more 

6 television broadcast stations with a com7 munity of license in that market; 

8 (ii) has commenced providing such 

9 signals in the preceding 1-year period; and 

10 (iii) has ceased to provide such signals 

11 in the preceding 1-year period; and 

12 (B) detailed information regarding the use 

13 and potential use of satellite capacity for the re14 transmission of local signals in each local mar15 ket. 

16 (2) TERMINATION.—The requirement under 

17 paragraph (1) shall cease after each satellite carrier 

18 has submitted 5 reports under such paragraph. 

19 (b) DEFINITIONS.—In this section— 

20 (1) the terms ‘‘local market’’ and ‘‘satellite car21 rier’’ have the meaning given such terms in section 

22 339(d) of the Communications Act of 1934 (47 

23 U.S.C. 339(d)); and 

24 (2) the term ‘‘television broadcast station’’ has 

25 the meaning given such term in section 325(b)(7) of 

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1 the Communications Act of 1934 (47 U.S.C. 

2 325(b)(7)). 

3 SEC. 109. REPORT ON DESIGNATED MARKET AREAS. 

4 (a) IN GENERAL.—Not later than 18 months after 

5 the date of the enactment of this Act, the Commission 

6 shall submit to the appropriate congressional committees 

7 a report that contains— 

8 (1) an analysis of— 

9 (A) the extent to which consumers in each 

10 local market have access to broadcast program11 ming from television broadcast stations located 

12 outside their local market, including through 

13 carriage by cable operators and satellite carriers 

14 of signals that are significantly viewed (within 

15 the meaning of section 340 of the Communica16 tions Act of 1934 (47 U.S.C. 340)); and 

17 (B) whether there are technologically and 

18 economically feasible alternatives to the use of 

19 designated market areas to define markets that 

20 would provide consumers with more program21 ming options and the potential impact such al22 ternatives could have on localism and on broad23 cast television locally, regionally, and nationally; 

24 and 

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1 (2) recommendations on how to foster increased 

2 localism in counties served by out-of-State des3 ignated market areas. 

4 (b) CONSIDERATIONS FOR FOSTERING INCREASED

5 LOCALISM.—In making recommendations under sub6 section (a)(2), the Commission shall consider— 

7 (1) the impact that designated market areas 

8 that cross State lines have on access to local pro9 gramming; 

10 (2) the impact that designated market areas 

11 have on local programming in rural areas; and 

12 (3) the state of local programming in States 

13 served exclusively by out-of-State designated market 

14 areas. 

15 SEC. 110. UPDATE TO CABLE RATES REPORT. 

16 Section 623(k) of the Communications Act of 1934 

17 (47 U.S.C. 543(k)) is amended to read as follows: 

18 ‘‘(k) REPORTS ON AVERAGE PRICES.— 

19 ‘‘(1) IN GENERAL.—The Commission shall an20 nually publish statistical reports on the average 

21 rates for basic cable service and other cable pro22 gramming, and for converter boxes, remote control 

23 units, and other equipment of cable systems that the 

24 Commission has found are subject to effective com25 petition under subsection (a)(2) compared with cable 

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1 systems that the Commission has found are not sub2 ject to such effective competition. 

3 ‘‘(2) INCLUSION IN ANNUAL REPORT.— 

4 ‘‘(A) IN GENERAL.—The Commission shall 

5 include in its report under paragraph (1) the 

6 aggregate average total amount paid by cable 

7 systems in compensation under section 325. 

8 ‘‘(B) FORM.—The Commission shall pub9 lish information under this paragraph in a 

10 manner substantially similar to the way other 

11 comparable information is published in such re12 port.’’. 

13 SEC. 111. ADMINISTRATIVE REFORMS TO EFFECTIVE COM14 PETITION PETITIONS. 

15 Section 623 of the Communications Act of 1934 (47 

16 U.S.C. 543) is amended by adding at the end the fol17 lowing: 

18 ‘‘(o) STREAMLINED PETITION PROCESS FOR SMALL

19 CABLE OPERATORS.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this subsection, 

22 the Commission shall complete a rulemaking to es23 tablish a streamlined process for filing of an effec24 tive competition petition pursuant to this section for 

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1 small cable operators, particularly those who serve 

2 primarily rural areas. 

3 ‘‘(2) CONSTRUCTION.—Nothing in this sub4 section shall be construed to have any effect on the 

5 duty of a small cable operator to prove the existence 

6 of effective competition under this section. 

7 ‘‘(3) DEFINITION OF SMALL CABLE OPER8 ATOR.—In this subsection, the term ‘small cable op9 erator’ has the meaning given the term in subsection 

10 (m)(2).’’. 

11 SEC. 112. DEFINITIONS. 

12 In this title: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Energy and Com16 merce and the Committee on the Judiciary of the 

17 House of Representatives and the Committee on 

18 Commerce, Science, and Transportation and the 

19 Committee on the Judiciary of the Senate. 

20 (2) COMMISSION.—The term ‘‘Commission’’ 

21 means the Federal Communications Commission. 

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1 TITLE II—COPYRIGHT 

2 PROVISIONS 

3 SEC. 201. REAUTHORIZATION. 

4 Chapter 1 of title 17, United States Code, is amend5 ed— 

6 (1) in section 111(d)(3)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘clause’’ and inserting ‘‘para9 graph’’; and 

10 (B) in subparagraph (B), by striking 

11 ‘‘clause’’ and inserting ‘‘paragraph’’; and 

12 (2) in section 119— 

13 (A) in subsection (c)(1)(E), by striking 

14 ‘‘2014’’ and inserting ‘‘2019’’; and 

15 (B) in subsection (e), by striking ‘‘2014’’ 

16 and inserting ‘‘2019’’. 

17 SEC. 202. TERMINATION OF LICENSE. 

18 (a) IN GENERAL.—Section 119 of title 17, United 

19 States Code, as amended in section 201, is amended by 

20 adding at the end the following: 

21 ‘‘(h) TERMINATION OF LICENSE.—This section shall 

22 cease to be effective on December 31, 2019.’’. 

23 (b) CONFORMING AMENDMENT.—Section 107(a) of 

24 the Satellite Television Extension and Localism Act of 

25 2010 (17 U.S.C. 119 note) is repealed. 

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1 SEC. 203. LOCAL SERVICE AREA OF A PRIMARY TRANS2 MITTER. 

3 Section 111(f)(4) of title 17, United States Code, is 

4 amended, in the second sentence— 

5 (1) by inserting ‘‘as defined by the rules and 

6 regulations of the Federal Communications Commis7 sion,’’ after ‘‘television station,’’; 

8 (2) by striking ‘‘comprises the area within 35 

9 miles of the transmitter site, except that’’ and in10 serting ‘‘comprises the designated market area, as 

11 defined in section 122(j)(2)(C), that encompasses 

12 the community of license of such station and any 

13 community that is located outside such designated 

14 market area that is either wholly or partially within 

15 35 miles of the transmitter site or,’’; and 

16 (3) by striking ‘‘the number of miles shall be 20 

17 miles’’ and inserting ‘‘wholly or partially within 20 

18 miles of such transmitter site’’. 

19 SEC. 204. MARKET DETERMINATIONS. 

20 Section 122(j)(2) of title 17, United States Code, is 

21 amended— 

22 (1) by moving the margins of subparagraphs 

23 (B), (C), and (D) 2 ems to the left; and 

24 (2) by adding at the end the following: 

25 ‘‘(E) MARKET DETERMINATIONS.—The 

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1 cast station may be modified by the Federal 

2 Communications Commission in accordance 

3 with section 338(l) of the Communications Act 

4 of 1934 (47 U.S.C. 338).’’. 

5 TITLE III—SEVERABILITY 

6 SEC. 301. SEVERABILITY. 

7 If any provision of this Act, an amendment made by 

8 this Act, or the application of such provision or amend9 ment to any person or circumstance is held to be unconsti10 tutional, the remainder of this Act, the amendments made 

11 by this Act, and the application of such provision or 

12 amendment to any person or circumstance shall not be af13 fected thereby. 

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