According to a recent report from the Association of Research Libraries, the Orphan Works bill under consideration in the House and Senate may not see any movement during this Congress. From ARL:
Just prior to the August congressional recess, the US Senate tried to bring the Shawn Bentley Orphan Works Act of 2008 (S. 2913) to the floor for consideration. Several holds on the legislation derailed Senate passage at that time. Key issues remaining are inclusion of provisions concerning state sovereign immunity and concerns with bill language regarding “qualifying searches.” The library and higher education communities offered language to resolve these remaining concerns but the recommended changes were not incorporated into the House and Senate legislation. With so little time remaining when Congress returns in early September, it is not clear if there will be additional activity on orphan works legislation during this Congress.
To read more about recommended changes contributed by library and higher education here.