[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2840 Enrolled Bill (ENR)]

        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 arbitration 
royalty panel is convened, make any necessary procedural 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.
    ``(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 Congress 
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 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 
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.''.

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 
        ``subsection (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
                    (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

                    (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 consultation 
    with the Copyright Royalty Tribunal (if and when the Tribunal has 
    been constituted),''.
        (2) Paragraph (1)(A) is amended by striking ``, after 
    consultation 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 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 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)--
                (i) in the subsection caption by striking ``Copyright 
            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 (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;
            ``(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 
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.
    (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.