H. R. 2840

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To amend title 17, United States Code, to establish copyright arbitration royalty

panels to replace the Copyright Royalty Tribunal, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Copyright Royalty Tribunal

Reform Act of 1993’’.

SEC. 2. COPYRIGHT ARBITRATION ROYALTY PANELS.

(a) ESTABLISHMENT AND PURPOSE.—Section 801 of title 17,

United States Code, is amended as follows:

(1) The section designation and heading are amended to

read as follows:

‘‘§ 801. Copyright arbitration royalty panels: Establishment

and purpose’’.

(2) Subsection (a) is amended to read as follows:

‘‘(a) ESTABLISHMENT.—The Librarian of Congress, upon the recommendation of the Register of Copyrights, is authorized to appoint

and convene copyright arbitration royalty panels.’’. (3) Subsection (b) is amended—

(A) by inserting ‘‘PURPOSES.—’’ after ‘‘(b)’’;

(B) in the matter preceding paragraph (1), by striking

‘‘Tribunal’’ and inserting ‘‘copyright arbitration royalty

panels’’;

(C) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘Commission’’

and inserting ‘‘copyright arbitration royalty panels’’; (ii) in subparagraph (B), by striking ‘‘Copyright

Royalty Tribunal’’ and inserting ‘‘copyright arbitration

royalty panels’’; and

(iii) in subparagraph (D) by adding ‘‘and’’ after

the semicolon;

(D) in paragraph (3)—

(i) by striking ‘‘and 119(b),’’ and inserting ‘‘119(b),

and 1003,’’; and

(ii) by striking the sentence beginning with ‘‘In

determining’’ through ‘‘this title; and’’; and

(E) by striking paragraph (4);

(4) by amending subsection (c) to read as follows:

‘‘(c) RULINGS.—The Librarian of Congress, upon the recommendation of the Register of Copyrights, may, before a copyright

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H. R. 2840—2

dural or evidentiary rulings that would apply to the proceedings

conducted by such panel.’’; and

(5) by adding at the end the following new subsection:

‘‘(d) ADMINISTRATIVE SUPPORT OF COPYRIGHT ARBITRATION ROYALTY PANELS.—The Library of Congress, upon the recommendation

of the Register of Copyrights, shall provide the copyright arbitration

royalty panels with the necessary administrative services related

to proceedings under this chapter.’’.

(b) MEMBERSHIP AND PROCEEDINGS.—Section 802 of title 17,

United States Code, is amended to read as follows:

‘‘§ 802. Membership and proceedings of copyright arbitration

royalty panels

‘‘(a) COMPOSITION OF COPYRIGHT ARBITRATION ROYALTY PANELS.—A copyright arbitration royalty panel shall consist of 3 arbitrators selected by the Librarian of Congress pursuant to subsection

(b).

‘‘(b) SELECTION OF ARBITRATION PANEL.—Not later than 10

days after publication of a notice in the Federal Register initiating

an arbitration proceeding under section 803, and in accordance

with procedures specified by the Register of Copyrights, the Librarian of Congress shall, upon the recommendation of the Register

of Copyrights, select 2 arbitrators from lists provided by professional

arbitration associations. Qualifications of the arbitrators shall

include experience in conducting arbitration proceedings and facilitating the resolution and settlement of disputes, and any qualifications which the Librarian of Congress, upon the recommendation

of the Register of Copyrights, shall adopt by regulation. The 2

arbitrators so selected shall, within 10 days after their selection,

choose a third arbitrator from the same lists, who shall serve

as the chairperson of the arbitrators. If such 2 arbitrators fail

to agree upon the selection of a third arbitrator, the Librarian

of Congress shall promptly select the third arbitrator. The Librarian

of Congress, upon the recommendation of the Register of Copyrights,

shall adopt regulations regarding standards of conduct which shall

govern arbitrators and the proceedings under this chapter.

‘‘(c) ARBITRATION PROCEEDINGS.—Copyright arbitration royalty

panels shall conduct arbitration proceedings, subject to subchapter

II of chapter 5 of title 5, for the purpose of making their determinations in carrying out the purposes set forth in section 801. The

arbitration panels shall act on the basis of a fully documented

written record, prior decisions of the Copyright Royalty Tribunal,

prior copyright arbitration panel determinations, and rulings by

the Librarian of Congress under section 801(c). Any copyright owner

who claims to be entitled to royalties under section 111, 116, or

119, or any interested copyright party who claims to be entitled

to royalties under section 1006, may submit relevant information

and proposals to the arbitration panels in proceedings applicable

to such copyright owner or interested copyright party, and any

other person participating in arbitration proceedings may submit

such relevant information and proposals to the arbitration panel

conducting the proceedings. In ratemaking proceedings, the parties

to the proceedings shall bear the entire cost thereof in such manner

and proportion as the arbitration panels shall direct. In distribution

proceedings, the parties shall bear the cost in direct proportion

to their share of the distribution.

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‘‘(d) PROCEDURES.—Effective on the date of the enactment of

the Copyright Royalty Tribunal Reform Act of 1993, the Librarian

of Congress shall adopt the rules and regulations set forth in

chapter 3 of title 37 of the Code of Federal Regulations to govern

proceedings under this chapter. Such rules and regulations shall

remain in effect unless and until the Librarian, upon the recommendation of the Register of Copyrights, adopts supplemental

or superseding regulations under subchapter II of chapter 5 of

title 5.

‘‘(e) REPORT TO THE LIBRARIAN OF CONGRESS.—Not later than

180 days after publication of the notice in the Federal Register

initiating an arbitration proceeding, the copyright arbitration royalty panel conducting the proceeding shall report to the Librarian

of Congress its determination concerning the royalty fee or distribution of royalty fees, as the case may be. Such report shall be

accompanied by the written record, and shall set forth the facts

that the arbitration panel found relevant to its determination.

‘‘(f) ACTION BY LIBRARIAN OF CONGRESS.—Within 60 days after

receiving the report of a copyright arbitration royalty panel under

subsection (e), the Librarian of Congress, upon the recommendation

of the Register of Copyrights, shall adopt or reject the determination

of the arbitration panel. The Librarian shall adopt the determination of the arbitration panel unless the Librarian finds that the

determination is arbitrary or contrary to the applicable provisions

of this title. If the Librarian rejects the determination of the arbitration panel, the Librarian shall, before the end of that 60-day period,

and after full examination of the record created in the arbitration

proceeding, issue an order setting the royalty fee or distribution

of fees, as the case may be. The Librarian shall cause to be published in the Federal Register the determination of the arbitration

panel, and the decision of the Librarian (including an order issued

under the preceding sentence). The Librarian shall also publicize

such determination and decision in such other manner as the

Librarian considers appropriate. The Librarian shall also make

the report of the arbitration panel and the accompanying record

available for public inspection and copying. ‘‘(g) JUDICIAL REVIEW.—Any decision of the Librarian of Con- gress under subsection (f) with respect to a determination of an

arbitration panel may be appealed, by any aggrieved party who

would be bound by the determination, to the United States Court

of Appeals for the District of Columbia Circuit, within 30 days

after the publication of the decision in the Federal Register. If

no appeal is brought within such 30-day period, the decision of

the Librarian is final, and the royalty fee or determination with

respect to the distribution of fees, as the case may be, shall take

effect as set forth in the decision. The pendency of an appeal

under this paragraph shall not relieve persons obligated to make

royalty payments under sections 111, 115, 116, 118, 119, or 1003

who would be affected by the determination on appeal to deposit

the statement of account and royalty fees specified in those sections.

The court shall have jurisdiction to modify or vacate a decision

of the Librarian only if it finds, on the basis of the record before

the Librarian, that the Librarian acted in an arbitrary manner.

If the court modifies the decision of the Librarian, the court shall

have jurisdiction to enter its own determination with respect to

the amount or distribution of royalty fees and costs, to order the

repayment of any excess fees, and to order the payment of any

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H. R. 2840—4

underpaid fees, and the interest pertaining respectively thereto,

in accordance with its final judgment. The court may further vacate

the decision of the arbitration panel and remand the case to the

Librarian for arbitration proceedings in accordance with subsection

(c).

‘‘(h) ADMINISTRATIVE MATTERS.—

‘‘(1) DEDUCTION OF COSTS FROM ROYALTY FEES.—The

Librarian of Congress and the Register of Copyrights may,

to the extent not otherwise provided under this title, deduct

from royalty fees deposited or collected under this title the

reasonable costs incurred by the Library of Congress and the

Copyright Office under this chapter. Such deduction may be

made before the fees are distributed to any copyright claimants.

If no royalty pool exists from which their costs can be deducted,

the Librarian of Congress and the Copyright Office may assess

their reasonable costs directly to the parties to the most recent

relevant arbitration proceeding.

‘‘(2) POSITIONS REQUIRED FOR ADMINISTRATION OF COMPULSORY LICENSING.—Section 307 of the Legislative Branch Appropriations Act, 1994, shall not apply to employee positions in

the Library of Congress that are required to be filled in order

to carry out section 111, 115, 116, 118, or 119 or chapter

10.’’.

(c) PROCEDURES OF THE TRIBUNAL.—Section 803 of title 17,

United States Code, and the item relating to such section in the

table of sections at the beginning of chapter 8 of such title, are

repealed.

(d) INSTITUTION AND CONCLUSION OF PROCEEDINGS.—Section

804 of title 17, United States Code, is amended as follows:

(1) The section heading is amended to read as follows:

‘‘§ 803. Institution and conclusion of proceedings’’.

(2) Subsection (a) is amended to read as follows:

‘‘(a)(1) With respect to proceedings under section 801(b)(1)

concerning the adjustment of royalty rates as provided in sections

115 and 116, and with respect to proceedings under subparagraphs

(A) and (D) of section 801(b)(2), during the calendar years specified

in the schedule set forth in paragraphs (2), (3), and (4), any owner

or user of a copyrighted work whose royalty rates are specified

by this title, established by the Copyright Royalty Tribunal before

the date of the enactment of the Copyright Royalty Tribunal Reform

Act of 1993, or established by a copyright arbitration royalty panel

after such date of enactment, may file a petition with the Librarian

of Congress declaring that the petitioner requests an adjustment

of the rate. The Librarian of Congress shall, upon the recommendation of the Register of Copyrights, make a determination as to

whether the petitioner has such a significant interest in the royalty

rate in which an adjustment is requested. If the Librarian

determines that the petitioner has such a significant interest, the

Librarian shall cause notice of this determination, with the reasons

therefor, to be published in the Federal Register, together with

the notice of commencement of proceedings under this chapter.

‘‘(2) In proceedings under section 801(b)(2)(A) and (D), a petition

described in paragraph (1) may be filed during 1995 and in each

subsequent fifth calendar year.

‘‘(3) In proceedings under section 801(b)(1) concerning the

adjustment of royalty rates as provided in section 115, a petition

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described in paragraph (1) may be filed in 1997 and in each subsequent tenth calendar year.

‘‘(4)(A) In proceedings under section 801(b)(1) concerning the

adjustment of royalty rates as provided in section 116, a petition

described in paragraph (1) may be filed at any time within 1

year after negotiated licenses authorized by section 116 are terminated or expire and are not replaced by subsequent agreements.

‘‘(B) If a negotiated license authorized by section 116 is terminated or expires and is not replaced by another such license agreement which provides permission to use a quantity of musical works

not substantially smaller than the quantity of such works performed

on coin-operated phonorecord players during the 1-year period ending March 1, 1989, the Librarian of Congress shall, upon petition

filed under paragraph (1) within 1 year after such termination

or expiration, convene a copyright arbitration royalty panel. The

arbitration panel shall promptly establish an interim royalty rate

or rates for the public performance by means of a coin-operated

phonorecord player of non-dramatic musical works embodied in

phonorecords which had been subject to the terminated or expired

negotiated license agreement. Such rate or rates shall be the same

as the last such rate or rates and shall remain in force until

the conclusion of proceedings by the arbitration panel, in accordance

with section 802, to adjust the royalty rates applicable to such

works, or until superseded by a new negotiated license agreement,

as provided in section 116(b).’’.

(3) Subsection (b) is amended—

(A) by striking ‘‘subclause’’ and inserting ‘‘subparagraph’’; (B) by striking ‘‘Tribunal’’ the first place it appears

and inserting ‘‘Copyright Royalty Tribunal or the Librarian

of Congress’’; (C) by striking ‘‘Tribunal’’ the second and third places

it appears and inserting ‘‘Librarian’’; (D) by striking ‘‘Tribunal’’ the last place it appears

and inserting ‘‘Copyright Royalty Tribunal or the Librarian

of Congress’’; and (E) by striking ‘‘(a)(2), above’’ and inserting ‘‘subsection (a) of this section’’.

(4) Subsection (c) is amended by striking ‘‘Tribunal’’ and

inserting ‘‘Librarian of Congress’’. (5) Subsection (d) is amended—

(A) by striking ‘‘Chairman of the Tribunal’’ and inserting ‘‘Librarian of Congress’’; and (B) by striking ‘‘determination by the Tribunal’’ and

inserting ‘‘a determination’’.

(6) Subsection (e) is stricken out.

(e) REPEAL.—Sections 805 through 810 of title 17, United States

Code, are repealed.

(f) CLERICAL AMENDMENT.—The table of sections for chapter

8 of title 17, United States Code, is amended to read as follows:

‘‘CHAPTER 8—COPYRIGHT ARBITRATION ROYALTY

PANELS

‘‘Sec.

‘‘801. Copyright arbitration royalty panels: establishment and purpose. ‘‘802. Membership and proceedings of copyright arbitration royalty panels. ‘‘803. Institution and conclusion of proceedings.’’.

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SEC. 3. JUKEBOX LICENSES.

(a) REPEAL OF COMPULSORY LICENSE.—Section 116 of title 17,

United States Code, and the item relating to section 116 in the

table of sections at the beginning of chapter 1 of such title, are

repealed.

(b) NEGOTIATED LICENSES.—(1) Section 116A of title 17, United

States Code, is amended—

(A) by redesignating such section as section 116;

(B) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (C) in subsection (b)(2) (as so redesignated) by striking

‘‘Copyright Royalty Tribunal’’ each place it appears and inserting ‘‘Librarian of Congress’’; (D) in subsection (c) (as so redesignated)— (i) in the subsection caption by striking ‘‘ROYALTY

TRIBUNAL’’ and inserting ‘‘ARBITRATION ROYALTY PANEL’’;

(ii) by striking ‘‘subsection (c)’’ and inserting ‘‘sub- section (b)’’; and

(iii) by striking ‘‘the Copyright Royalty Tribunal’’ and

inserting ‘‘a copyright arbitration royalty panel’’; and

(E) by striking subsections (e), (f), and (g). (2) The table of sections at the beginning of chapter 1 of

title 17, United States Code, is amended by striking ‘‘116A’’ and

inserting ‘‘116’’.

SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.

Section 118 of title 17, United States Code, is amended—

(1) in subsection (b)—

(A) by striking the first 2 sentences;

(B) in the third sentence by striking ‘‘works specified

by this subsection’’ and inserting ‘‘published nondramatic

musical works and published pictorial, graphic, and sculptural works’’;

(C) in paragraph (1)— (i) in the first sentence by striking ‘‘, within one

hundred and twenty days after publication of the notice

specified in this subsection,’’; and

(ii) by striking ‘‘Copyright Royalty Tribunal’’ each

place it appears and inserting ‘‘Librarian of Congress’’;

(D) in paragraph (2) by striking ‘‘Tribunal’’ and inserting ‘‘Librarian of Congress’’; (E) in paragraph (3)— (i) by striking the first sentence and inserting the

following: ‘‘In the absence of license agreements negotiated under paragraph (2), the Librarian of Congress

shall, pursuant to chapter 8, convene a copyright

arbitration royalty panel to determine and publish in

the Federal Register a schedule of rates and terms

which, subject to paragraph (2), shall be binding on

all owners of copyright in works specified by this subsection and public broadcasting entities, regardless of

whether such copyright owners have submitted proposals to the Librarian of Congress.’’;

(ii) in the second sentence—

(I) by striking ‘‘Copyright Royalty Tribunal’’

and inserting ‘‘copyright arbitration royalty panel’’;

and

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(II) by striking ‘‘clause (2) of this subsection’’

and inserting ‘‘paragraph (2)’’; and

(iii) in the last sentence by striking ‘‘Copyright

Royalty Tribunal’’ and inserting ‘‘Librarian of Congress’’; and

(F) by striking paragraph (4);

(2) in subsection (c)—

(A) by striking ‘‘1982’’ and inserting ‘‘1997’’; and

(B) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’;

(3) in subsection (d)—

(A) by striking ‘‘to the transitional provisions of subsection (b)(4), and’’;

(B) by striking ‘‘the Copyright Royalty Tribunal’’ and

inserting ‘‘a copyright arbitration royalty panel’’; and

(C) in paragraphs (2) and (3) by striking ‘‘clause’’ each

place it appears and inserting ‘‘paragraph’’; and

(4) in subsection (g) by striking ‘‘clause’’ and inserting

‘‘paragraph’’.

SEC. 5. SECONDARY TRANSMISSIONS OF SUPERSTATIONS AND NETWORK STATIONS FOR PRIVATE HOME VIEWING.

Section 119 of title 17, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1) by striking ‘‘, after consultation

with the Copyright Royalty Tribunal,’’ each place it

appears;

(B) in paragraph (2) by striking ‘‘Copyright Royalty

Tribunal’’ and inserting ‘‘Librarian of Congress’’;

(C) in paragraph (3) by striking ‘‘Copyright Royalty

Tribunal’’ and inserting ‘‘Librarian of Congress’’; and

(D) in paragraph (4)—

(i) by striking ‘‘Copyright Royalty Tribunal’’ each

place it appears and inserting ‘‘Librarian of Congress’’;

(ii) by striking ‘‘Tribunal’’ each place it appears

and inserting ‘‘Librarian of Congress’’; and

(iii) in subparagraph (B) by striking ‘‘conduct a

proceeding’’ in the last sentence and inserting ‘‘convene

a copyright arbitration royalty panel’’; and

(2) in subsection (c)—

(A) in the subsection caption by striking ‘‘DETERMINATION’’ and inserting ‘‘ADJUSTMENT’’;

(B) in paragraph (2) by striking ‘‘Copyright Royalty

Tribunal’’ each place it appears and inserting ‘‘Librarian

of Congress’’;

(C) in paragraph (3)—

(i) in subparagraph (A)—

(I) by striking ‘‘Copyright Royalty Tribunal’’

and inserting ‘‘Librarian of Congress’’; and

(II) by striking the last sentence and inserting

the following: ‘‘Such arbitration proceeding shall

be conducted under chapter 8.’’;

(ii) by striking subparagraphs (B) and (C);

(iii) in subparagraph (D)—

(I) by redesignating such subparagraph as

subparagraph (B); and

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(II) by striking ‘‘Arbitration Panel’’ and inserting ‘‘copyright arbitration royalty panel appointed

under chapter 8’’;

(iv) by striking subparagraphs (E) and (F);

(v) by amending subparagraph (G) to read as follows:

‘‘(C) PERIOD DURING WHICH DECISION OF ARBITRATION

PANEL OR ORDER OF LIBRARIAN EFFECTIVE.—The obligation

to pay the royalty fee established under a determination

which—

‘‘(i) is made by a copyright arbitration royalty panel

in an arbitration proceeding under this paragraph and

is adopted by the Librarian of Congress under section

802(f), or

‘‘(ii) is established by the Librarian of Congress

under section 802(f),

shall become effective as provided in section 802(g).’’; and

(vi) in subparagraph (H)—

(I) by redesignating such subparagraph as

subparagraph (D); and

(II) by striking ‘‘adopted or ordered under

subparagraph (F)’’ and inserting ‘‘referred to in

subparagraph (C)’’; and

(D) by striking paragraph (4).

SEC. 6. CONFORMING AMENDMENTS.

(a) CABLE COMPULSORY LICENSE.—Section 111(d) of title 17,

United States Code, is amended as follows:

(1) Paragraph (1) is amended by striking ‘‘, after consulta- tion with the Copyright Royalty Tribunal (if and when the

Tribunal has been constituted),’’.

(2) Paragraph (1)(A) is amended by striking ‘‘, after con- sultation with the Copyright Royalty Tribunal (if and when

the Tribunal has been constituted),’’.

(3) Paragraph (2) is amended by striking the second and

third sentences and inserting the following: ‘‘All funds held

by the Secretary of the Treasury shall be invested in interestbearing United States securities for later distribution with

interest by the Librarian of Congress in the event no controversy over distribution exists, or by a copyright arbitration

royalty panel in the event a controversy over such distribution

exists.’’.

(4) Paragraph (4)(A) is amended— (A) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’; and

(B) by striking ‘‘Tribunal’’ and inserting ‘‘Librarian of

Congress’’.

(5) Paragraph (4)(B) is amended to read as follows:

‘‘(B) After the first day of August of each year, the

Librarian of Congress shall, upon the recommendation of

the Register of Copyrights, determine whether there exists

a controversy concerning the distribution of royalty fees.

If the Librarian determines that no such controversy exists,

the Librarian shall, after deducting reasonable administrative costs under this section, distribute such fees to the

copyright owners entitled to such fees, or to their designated agents. If the Librarian finds the existence of a

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controversy, the Librarian shall, pursuant to chapter 8

of this title, convene a copyright arbitration royalty panel

to determine the distribution of royalty fees.’’.

(6) Paragraph (4)(C) is amended by striking ‘‘Copyright

Royalty Tribunal’’ and inserting ‘‘Librarian of Congress’’.

(b) AUDIO HOME RECORDING ACT.—

(1) ROYALTY PAYMENTS.—Section 1004(a)(3) of title 17,

United States Code, is amended—

(A) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’; and

(B) by striking ‘‘Tribunal’’ and inserting ‘‘Librarian of

Congress’’.

(2) DEPOSIT OF ROYALTY PAYMENTS.—Section 1005 of title

17, United States Code, is amended by striking the last sentence.

(3) ENTITLEMENT TO ROYALTY PAYMENTS.—Section 1006(c)

of title 17, United States Code, is amended by striking ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Librarian of Congress

shall convene a copyright arbitration royalty panel which’’.

(4) PROCEDURES FOR DISTRIBUTING ROYALTY PAYMENTS.—

Section 1007 of title 17, United States Code, is amended—

(A) in subsection (a)(1)—

(i) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’; and

(ii) by striking ‘‘Tribunal’’ and inserting ‘‘Librarian

of Congress’’;

(B) in subsection (b)—

(i) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’; and (ii) by striking ‘‘Tribunal’’ each place it appears

and inserting ‘‘Librarian of Congress’’; and

(C) in subsection (c)—

(i) by striking the first sentence and inserting ‘‘If

the Librarian of Congress finds the existence of a controversy, the Librarian shall, pursuant to chapter 8

of this title, convene a copyright arbitration royalty

panel to determine the distribution of royalty payments.’’;

(ii) by striking ‘‘Tribunal’’ each place it appears

and inserting ‘‘Librarian of Congress’’; and (iii) in the last sentence by striking ‘‘its reasonable

administrative costs’’ and inserting ‘‘the reasonable

administrative costs incurred by the Librarian’’. (5) ARBITRATION OF CERTAIN DISPUTES.—Section 1010 of

title 17, United States Code, is amended—

(A) in subsection (b)—

(i) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’; and

(ii) by striking ‘‘Tribunal’’ each place it appears

and inserting ‘‘Librarian of Congress’’;

(B) in subsection (e)—

(i) in the subsection caption by striking ‘‘COPYRIGHT ROYALTY TRIBUNAL’’ and inserting ‘‘LIBRARIAN

OF CONGRESS’’; and

(ii) by striking ‘‘Copyright Royalty Tribunal’’ and

inserting ‘‘Librarian of Congress’’;

(C) in subsection (f)—

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(i) in the subsection caption by striking ‘‘COPY- RIGHT ROYALTY TRIBUNAL’’ and inserting ‘‘LIBRARIAN

OF CONGRESS’’;

(ii) by striking ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Librarian of Congress’’; (iii) by striking ‘‘Tribunal’’ each place it appears and inserting ‘‘Librarian of Congress’’; and (iv) in the third sentence by striking ‘‘its’’ and inserting ‘‘the Librarian’s’’; and

(D) in subsection (g)— (i) by striking ‘‘Copyright Royalty Tribunal’’ and inserting ‘‘Librarian of Congress’’; (ii) by striking ‘‘Tribunal’s decision’’ and inserting ‘‘decision of the Librarian of Congress’’; and (iii) by striking ‘‘Tribunal’’ each place it appears and inserting ‘‘Librarian of Congress’’.

SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS.

(a) IN GENERAL.—This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

(b) EFFECTIVENESS OF EXISTING RATES AND DISTRIBUTIONS.— All royalty rates and all determinations with respect to the proportionate division of compulsory license fees among copyright claimants, whether made by the Copyright Royalty Tribunal, or by

voluntary agreement, before the effective date set forth in subsection

(a) shall remain in effect until modified by voluntary agreement

or pursuant to the amendments made by this Act. (c) TRANSFER OF APPROPRIATIONS.—All unexpended balances

of appropriations made to the Copyright Royalty Tribunal, as of

the effective date of this Act, are transferred on such effective

date to the Copyright Office for use by the Copyright Office for

the purposes for which such appropriations were made.

SEC. 8. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY

ALIEN CREWMEMBERS—ALASKA EXCEPTION.

(a) ALASKA EXCEPTION.—Section 258 of the Immigration and Nationality Act (8 U.S.C. 1288) is amended— (1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection:

‘‘(d) STATE OF ALASKA EXCEPTION.—(1) Subsection (a) shall

not apply to a particular activity of longshore work at a particular

location in the State of Alaska if an employer of alien crewmen

has filed an attestation with the Secretary of Labor at least 30

days before the date of the first performance of the activity (or

anytime up to 24 hours before the first performance of the activity,

upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that

time) setting forth facts and evidence to show that—

‘‘(A) the employer will make a bona fide request for United

States longshore workers who are qualified and available in

sufficient numbers to perform the activity at the particular

time and location from the parties to whom notice has been

provided under clauses (ii) and (iii) of subparagraph (D), except

that—

‘‘(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement

with a single labor organization described in subparagraph

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H. R. 2840—11

(D)(i), the employer may request longshore workers from

only one of such contract stevedoring companies, and

‘‘(ii) a request for longshore workers to an operator

of a private dock may be made only for longshore work

to be performed at that dock and only if the operator

meets the requirements of section 32 of the Longshoremen’s

and Harbor Workers’ Compensation Act (33 U.S.C. 932);

‘‘(B) the employer will employ all those United States

longshore workers made available in response to the request

made pursuant to subparagraph (A) who are qualified and

available in sufficient numbers and who are needed to perform

the longshore activity at the particular time and location;

‘‘(C) the use of alien crewmembers for such activity is

not intended or designed to influence an election of a bargaining

representative for workers in the State of Alaska; and

‘‘(D) notice of the attestation has been provided by the

employer to—

‘‘(i) labor organizations which have been recognized

as exclusive bargaining representatives of United States

longshore workers within the meaning of the National

Labor Relations Act and which make available or intend

to make available workers to the particular location where

the longshore work is to be performed,

‘‘(ii) contract stevedoring companies which employ or

intend to employ United States longshore workers at that

location, and

‘‘(iii) operators of private docks at which the employer

will use longshore workers. ‘‘(2)(A) An employer filing an attestation under paragraph (1)

who seeks to use alien crewmen to perform longshore work shall

be responsible while the attestation is valid to make bona fide

requests for United States longshore workers under paragraph

(1)(A) and to employ United States longshore workers, as provided

in paragraph (1)(B), before using alien crewmen to perform the

activity or activities specified in the attestation, except that an

employer shall not be required to request longshore workers from

a party if that party has notified the employer in writing that

it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed. ‘‘(B) If a party that has provided such notice subsequently

notifies the employer in writing that it is prepared to make available

United States longshore workers who are qualified and available

in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the

employer’s obligations to that party under subparagraphs (A) and

(B) of paragraph (1) shall begin 60 days following the issuance

of such notice.

‘‘(3)(A) In no case shall an employer filing an attestation be

required—

‘‘(i) to hire less than a full work unit of United States

longshore workers needed to perform the longshore activity;

‘‘(ii) to provide overnight accommodations for the longshore

workers while employed; or

‘‘(iii) to provide transportation to the place of work, except

where—

‘‘(I) surface transportation is available;

‘‘(II) such transportation may be safely accomplished;

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H. R. 2840—12

‘‘(III) travel time to the vessel does not exceed onehalf hour each way; and

‘‘(IV) travel distance to the vessel from the point of

embarkation does not exceed 5 miles.

‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/Craig,

Alaska, the travel times and travel distances specified in subclauses

(III) and (IV) of subparagraph (A) shall be extended to 45 minutes

and 7.5 miles, respectively, unless the party responding to the

request for longshore workers agrees to the lesser time and distance

limitations specified in those subclauses.

‘‘(4) Subject to subparagraphs (A) through (D) of subsection

(c)(4), attestations filed under paragraph (1) of this subsection

shall—

‘‘(A) expire at the end of the 1-year period beginning on

the date the employer anticipates the longshore work to begin,

as specified in the attestation filed with the Secretary of Labor,

and

‘‘(B) apply to aliens arriving in the United States during

such 1-year period if the owner, agent, consignee, master, or

commanding officer states in each list under section 251 that

it continues to comply with the conditions in the attestation.

‘‘(5)(A) Except as otherwise provided by subparagraph (B), subsection (c)(3) and subparagraphs (A) through (E) of subsection (c)(4)

shall apply to attestations filed under this subsection.

‘‘(B) The use of alien crewmen to perform longshore work in

Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed

by the provisions of subsection (c). ‘‘(6) For purposes of this subsection—

‘‘(A) the term ‘contract stevedoring companies’ means those

stevedoring companies licensed to do business in the State

of Alaska that meet the requirements of section 32 of the

Longshoremen’s and Harbor Workers’ Compensation Act (33

U.S.C. 932);

‘‘(B) the term ‘employer’ includes any agent or representative designated by the employer; and ‘‘(C) the terms ‘qualified’ and ‘available in sufficient numbers’ shall be defined by reference to industry standards in

the State of Alaska, including safety considerations.’’.

(b) CONFORMING AMENDMENTS.— (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking ‘‘subsection (c) or subsection (d)’’ and inserting ‘‘subsection (c),

(d), or (e)’’.

(2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is amended

by inserting ‘‘or subsection (d)(1)’’ after ‘‘paragraph (1)’’ each

of the two places it appears.

(3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding

at the end the following new paragraph:

‘‘(5) Except as provided in paragraph (5) of subsection (d),

this subsection shall not apply to longshore work performed in

the State of Alaska.’’.

(c) IMPLEMENTATION.—(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this

section.

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H. R. 2840—13

(2) Attestations filed pursuant to section 258(c) (8 U.S.C.

1288(c)) with the Secretary of Labor before the date of enactment

of this Act shall remain valid until 60 days after the date of

issuance of final regulations by the Secretary under this section.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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