Copyright Royalty Tribunal Reform Act of 1993
PL 103-198 (H.R.2840), enacted 12/17/1993

107 STAT. 2304 
PUBLIC LAW 103-198—DEC. 17, 1993 
Public Law 103-198 
103d Congress 
An Act 
' ' 
Dec. 17, 1993 
To amend title 17, United States Code, to establish copyright arbitration royalty 
[H.R. 2840] 
panels to replace the Copyright Royalty Tribunal, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Copyright 
the United States of 
America in Congress assembled. 
Royalty 
Tribunal Reform 
SECTION 1. SHORT TITLE. 
17 use 101 note 
'^^'^ ^^ 
™^y ^ 
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) ESTABUSHMENT.—^The Librarian of Congress, upon the rec-
ommendation of the Register of Copyrights, is authorized to appoint 
and convene copjrri^ht 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 
royaltjr 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-
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2305 
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.—^Tlie Libr^uy of Congress, upon the recommendation 
of the Register of Copjrrights, shall provide the copyright arbitration 
roysdty panels with the necessary administrative services related 
to proceedings imder 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 Copjoights, shall adopt by regulation. The 2 
arbitrators so selected eihall, 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 cop3rright 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 copjrright 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. 
Federal 
Register, 
publication. 
Regulations. 
Regulations. 
107 STAT. 2306 
PUBLIC LAW 103-198—DEC. 17, 1993 
Effective date. 
Regulations. 
Federal 
Register, 
publication. 
Public 
information. 
"(d) PROCEDURES.—Effective on the date of the enactment of 
the Cop3n:ight 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 Copjrrights, adopts supplemental 
or superseding regulations imder subchapter II of chapter 5 of 
title 5. 
"(e) REPORT TO THE LIBRARIAN OF CONGRESS.—Not later than 
180 days after {>ublication 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 OP 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 Copjrrights, shall adopt or reject the determination 
of the arbitration panel. The Librarian shall adopt the determina-
tion of the arbitration panel imless 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 caiise 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 accomp£m3dng record 
available for public inspection and cop3dng. 
"(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 pavments 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 u 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 pajmtient of any 
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2307 
underpaid fees, and the interest pertaining respectively thereto, 
in accordance with its final judgment. The court may further vacate 
the decision of tihe 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 Copjrrights may, 
to the extent not otherwise provided imder this title, deduct 
from royalty fees deposited or collected under this title the 
reasonable costs incurred by the Library of Congress and the 
Copyright Of&ce 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 Cop3rri^ht 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 UCENSING.—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 he 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: 
"(aXl) With respect to proceedings under section 801(bXl) 
concerning the acijustment of royalty rates as provided in sections 
115 and 116, and with respect to proceedings under subparagraphs 
(A) and (D) of section 801(bX2), during the calendar years specined 
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 Tribimal 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 Copjrrights, make a determination as to 
whether the petitioner has such a significant interest in the royalty 
rate in which an a4justment 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 commenccsment of proceedings under this chapter. 
"(2) In proceedings under section 801(bX2XA) and (D), a petition 
described in paragraph (1) may be filed during 1995 and in each 
subsequent fifth calendar year. 
"(3) In proceedings imder section 801(bXl) concerning the 
adjustment of royalty rates as provided in section 115, a petition 
107 STAT. 2308 
PUBLIC LAW 103-198—DEC. 17, 1993 
described in paragraph (1) may be filed in 1997 and in each subse-
quent tenth calendar year. 
"(4XA) In proceedings under section 801(bXl) concerning the 
a4justment 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 durmg 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 cop3rright 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 pla^^er of non-dramatic musical works embodied in 
phonorecords wmch 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 bv the arbitration panel, in accordance 
with section 802, to a4just 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) b3r 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 "Copjrright Royalty Tribunal or the Librarian 
of Congress"; and 
(E) by striking "(aX2), 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. 
(0 CLERICAL AMENDMENT.—^The table of sections for chapter 
8 of title 17, United States Code, is amended to read as follows: 
*H:HAPTER 8-<:;OPYRIGHT 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.". 
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2309 
SEC. 3. JUKEBOX UCENSE& 
(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 strUdng subsection (b) and redesignating subsections 
(c) and (d) as subsections (b) and (c), respectively; 
(C) in subsection (bX2) (as so redesignated) by striking 
"Copyright Royal^ Tribunal" each place it appears and insert-
ing Librarian of Uongress"; 
(D) in subsection (c) (as so redesignated)— 
(i) in tiie subsection caption by striking '
H
O
Y
A
L
T
Y 
TRIBUNAL* and inserting "ARBITRATION ROYALTY PANEL"; 
(ii) by striking "subsection (c)" and inserting "sub-
section (b)"; and 
(iii) by striJIdng "the Copyright Royalty Tribunal" and 
inserting "a cop;yrright arbitration royalty panel"; and 
(E) by striking subsections (e), (f), and (g). 
(2) The table of stsctions at the beginning of chapter 1 of 
title 17, United States Code, is amended by striking "116A" and 
inserting "116". 
SEC. 4. PUBUC BROADCASTING COMPULSORY UCENSE. 
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 Tribimal" 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- Federal 
tiated under paragraph (2), the Librarian of Congress ^fji^^ion 
shall, ptursuant 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 copynght 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 "Copjrright Royalty Tribunal" 
and inserting "copyright arbitration royalty panel"; 
and 
107 STAT. 2310 
PUBLIC LAW 103-198—DEC. 17, 1993 
(II) by striking "clause (2) of this subsection" 
• i 
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 (bX4), 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. S. 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 (h)— 
(A) in paragraph (1) by striking ", after consultation 
with the Copjrright Royjuty 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 "Cop)rright Royalty 
Tribunal" and inserting "Librarian of Congress"; and 
(D) in paragraph (4)— 
(i) by striking "Copjrright 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 "Copjrright Royalty Tribunal" 
and inserting "Librarian of Congress"; and 
(II) by striking the last sentence and inserting 
the following: "Such arbitration proceeding shafl 
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 
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2311 
(II) by striking "Arbitration Panel" and insert-
ing "conyright arbitration royalty panel appointed 
under ctiapter 8"; 
(iv) by striking subparagraphs (E) and (F); 
(v) by amending subpara^aph (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 efiTective 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 imder 
subparagraph (F)" and inserting "referred to in 
subparagraph (C)"; and 
(D) by striking paragraph (4). 
SEC. 6. CONFORMING AME]^a)MENTS. 
(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 Tribimal (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 fimds held Securities. 
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 (4XA) is amended— 
(A) by striking "Copjrright Royalty Tribunal" and 
inserting "Librarian of Congress"; and 
(B) by striking "Tribunal" and inserting "Librarian of 
Congress . 
(5) Paragraph (4XB) 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 
copjrright owners entitled to such fees, or to their des-
ignated agents. If the Librarian finds the existence of a 
107 STAT. 2312 
PUBLIC LAW 103-198—DEC. 17, 1993 
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 (4XC) is amended by striking "Copyright 
Royalty Tribunal" and inserting "Librarian of Congress". 
(b) AUDIO HOME RECORDING ACT.— 
(1) ROYALTY PAYMENTS.—Section 1004(aX3) of title 17, 
United States Code, is amended— 
(A) 1^ striking "Copyright Royalty Tribimal" and 
inserting 'Ijibrarian 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 Tribimal" and inserting "Librarian of Congress 
shall convene a copyright arbitration royalty panel wmch". 
(4) PROCEDURES FOR DISTRIBUTING ROYALTY PAYMENTS.— 
Section 1007 of title 17, United States Code, is amended— 
(A) in subsection (aXl)— 
(i) by striking "Copyright Royalty Tribimal" and 
inserting "Librarian of Uongress"; 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 
y ' 
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 "Copjnright Royalty Tribunal" and 
inserting "Librarian of (Jongress"; and 
(ii) oy 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 
O
F CONGRESS"; and 
(ii) by striking "Copyright Royalty Tribunal" and 
inserting "Librarian of Congress"; 
(C) in subsection (f)— 
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2313 
(i) in the subsection caption by striking "COPY-
RIGHT ROYALTY TRIBUNAL" and inserting "LIBRARIAN 
O
F CONGRESS"; 
(ii) by striking "Copyright Royalty Tribunal" and 
inserting "Librarian of Congress"; 
(iii) by striking "Tribiinal" each place it appecurs 
and inserting "Librarian of Congress"; and 
(iv) in the third sentence by striking "its" and 
inserting "the Librarian's"; and 
(D) in sm>section (g)— 
(i) by striking "Copyright Royalty Tribunal" and 
inserting "Librarian of Congress"; 
(ii) by striking "Tribunal's decision" and inserting 
"decision of llie Librarian of Congress"; and 
(iii) by striking "Tribunal" each place it appears 
and inserting "Librarian of Congress". 
SEC. 7. EFFECTIVE DATE AND TRANSITION PROVISIONS. 
17 USC 801 note. 
(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 proi>or-
tionate division of compulsory license fees among copyright claim-
ants, whether made by the Copyright Royalty Tnbimal, or by 
volimtary agreement, before the effective date set forth in subsection 
(a) shall remain in effect imtil modified by volimtary agreement 
or pursuant to the amendments made by this Act. 
(c) TRANSFER OF APPROPRIATIONS.—All unexpended balances 
of appropriations made to the Copyright Royalty Tribimal, as of 
the effective date of tiiis Act, are transferred on such effective 
date to the Copyright Office for use by the Copyright Ofiice 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 ALA£5KA EXCEPTION.—(1) Subsection (a) shall 
not appl^ 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 
an3rtime up to 24 hours before the nrst 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 fi'om 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 lal>or organization described in subparagraph 
107 STAT. 2314 
PUBLIC LAW 103-198—DEC. 17, 1993 
(DXi), 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 activitv 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. 
"(2XA) 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 (IXB), before using alien crewmen to perform the 
activity or activities specified in the attestation, except that an 
employer shall not be required to reauest longshore workers from 
a party if that party has notified tne 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 t
^
e 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 nimibers to perform the longshore activity to the loca-
tion at which the longsnore 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. 
"(3XA) In no case shall an employer fiUng 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; 
"(ID such transportation may be safely accomplished; 
PUBLIC LAW 103-198—DEC. 17, 1993 
107 STAT. 2315 
''(III) travel time to the vessel does not exceed one-
half 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 woi'kers agrees to the lesser time and distance 
limitations specified in those subclauses. 
"(4) Subject to subparagraphs (A) through (D) of subsection 
(cX4), 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. 
"(5XA) Except as otherwise provided by subparagraph (B), sub-
section (c)(3) ana subparagraphs (A) through (E) of subsection (cX4) 
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 con-
veyor 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 reqmrements 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 representa-
tive designated by the employer; and 
"(C) the terms 'qualified' and 'available in sufficient num-
bers' shall be defined by reference to industry standards in 
the State of Alaska, including safety considerations.". 
(b) CONFORMING ANDSNDMENTS.-
(1) Section 258(£i) (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(cX4XA) (8 U.S.C. 1288(cX4XA)) is amended 
by inserting "or subsection (dXD" 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 follow:lng new paragraph: 
"(5) Except as pro^'ided 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 pre- Regulations. 
scribe such regulations as may be necessary to carry out this 8 use 1288 note. 
section. 
107 STAT. 2316 
PUBLIC LAW 103-198—DEC. 17, 1993 
(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. 
Approved December 17, 1993. 
LEGISLATIVE HISTORY—H.R. 2840: 
HOUSE REPORTS: No. 103-286 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Oct. 12, considered and passed House. 
Nov. 20, considered and passed Senate, amended. 
Nov. 22, House concurred in Senate amendment.