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 rec-
ommendation 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 rec-
ommendation of the Register of Copyrights, may, before a copyright
arbitration royalty panel is convened, make any necessary proce-
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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 ROY-
ALTY 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 PAN-
ELS.—A copyright arbitration royalty panel shall consist of 3 arbitra-
tors 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 Librar-
ian 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 facili-
tating the resolution and settlement of disputes, and any qualifica-
tions 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 determina-
tions 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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H. R. 2840—3
‘‘(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 rec-
ommendation 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 roy-
alty panel conducting the proceeding shall report to the Librarian
of Congress its determination concerning the royalty fee or distribu-
tion 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 determina-
tion 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 arbitra-
tion 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 pub-
lished 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 COMPUL-
SORY LICENSING.—Section 307 of the Legislative Branch Appro-
priations 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 recommenda-
tion 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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H. R. 2840—5
described in paragraph (1) may be filed in 1997 and in each subse-
quent 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 termi-
nated or expire and are not replaced by subsequent agreements.
‘‘(B) If a negotiated license authorized by section 116 is termi-
nated or expires and is not replaced by another such license agree-
ment 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 end-
ing 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 ‘‘subpara-
graph’’;
(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 insert-
ing ‘‘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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H. R. 2840—6
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 insert-
ing ‘‘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 sculp-
tural 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 insert-
ing ‘‘Librarian of Congress’’;
(E) in paragraph (3)—
(i) by striking the first sentence and inserting the
following: ‘‘In the absence of license agreements nego-
tiated 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 sub-
section and public broadcasting entities, regardless of
whether such copyright owners have submitted propos-
als 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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H. R. 2840—7
(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 Con-
gress’’; 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 sub-
section (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 NET-
WORK 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 ‘‘DETERMINA-
TION’’ 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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H. R. 2840—8
(II) by striking ‘‘Arbitration Panel’’ and insert-
ing ‘‘copyright arbitration royalty panel appointed
under chapter 8’’;
(iv) by striking subparagraphs (E) and (F);
(v) by amending subparagraph (G) to read as fol-
lows:
‘‘(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 interest-
bearing United States securities for later distribution with
interest by the Librarian of Congress in the event no con-
troversy 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 administra-
tive costs under this section, distribute such fees to the
copyright owners entitled to such fees, or to their des-
ignated agents. If the Librarian finds the existence of a
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H. R. 2840—9
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 sen-
tence.
(3) ENTITLEMENT TO ROYALTY PAYMENTS.—Section 1006(c)
of title 17, United States Code, is amended by striking ‘‘Copy-
right 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 con-
troversy, the Librarian shall, pursuant to chapter 8
of this title, convene a copyright arbitration royalty
panel to determine the distribution of royalty pay-
ments.’’;
(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 ‘‘COPY-
RIGHT 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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H. R. 2840—10
(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 propor-
tionate division of compulsory license fees among copyright claim-
ants, 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 sub-
section:
‘‘(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 antici-
pated 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 compa-
nies 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 work-
ers 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 loca-
tion 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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