Copyright Alternative in Small-Claims Enforcement Act of 2017 or the CASE Act of 2017
This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office to decide copyright disputes. Damages awarded by the board are capped at $30,000.
Participation in board proceedings is voluntary, and parties may choose instead to have a claim or defense heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial.
The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims.
The bill provides for various procedures, requests for information from the other party and requests for the board to reconsider a decision.
The board may issue monetary awards based on actual or statutory damages.
The parties shall bear their own attorneys' fees and costs except where there is bad faith misconduct, and such awards shall be limited to $5,000.
A board's final determination precludes relitigating the claims in court or at the board, but parties may apply to a federal district court for review of the decision.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3945 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3945
To amend title 17, United States Code, to establish an alternative
dispute resolution program for copyright small claims, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2017
Mr. Jeffries (for himself, Mr. Marino, Mr. Collins of Georgia, Mr.
Smith of Texas, Ms. Judy Chu of California, and Mr. Ted Lieu of
California) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to establish an alternative
dispute resolution program for copyright small claims, 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 Alternative in Small-
Claims Enforcement Act of 2017'' or the ``CASE Act of 2017''.
SEC. 2. COPYRIGHT SMALL CLAIMS.
(a) In General.--Title 17, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 14--COPYRIGHT SMALL CLAIMS
``Sec.
``1401. Copyright Claims Board.
``1402. Authority and responsibilities of the Copyright Claims Board.
``1403. Nature of proceedings.
``1404. Registration requirement.
``1405. Conduct of proceedings.
``1406. Effect of proceeding.
``1407. Review and confirmation by district court.
``1408. Relationship to other district court actions.
``1409. Implementation by Copyright Office.
``1410. Funding.
``1411. Definitions.
``Sec. 1401. Copyright Claims Board
``(a) In General.--There is hereby established in the U.S.
Copyright Office a copyright small claims program (hereinafter referred
to as the `Copyright Claims Board'), which shall serve as an
alternative forum in which parties may voluntarily seek to resolve
certain copyright claims, regarding any category of copyrighted work,
as further provided in this chapter.
``(b) Officers and Staff.--
``(1) Copyright claims officers.--Upon recommendation of
the Register of Copyrights, who shall identify qualified
candidates, the Librarian of Congress shall appoint 3 full-time
Copyright Claims Officers to serve on the Copyright Claims
Board.
``(2) Copyright claims attorneys.--The Register of
Copyrights shall hire no fewer than 2 full-time Copyright
Claims Attorneys to assist in the administration of the
Copyright Claims Board.
``(3) Qualifications.--
``(A) Copyright claims officers.--Each Copyright
Claims Officer shall be an attorney with no less than 7
years of legal experience. Two of the Copyright Claims
Officers shall have substantial experience in the
evaluation, litigation, or adjudication of copyright
infringement claims and, between them, shall have
represented or presided over a diversity of copyright
interests, including those of both owners and users of
copyrighted works. The third Copyright Claims Officer
shall have substantial familiarity with copyright law
and experience in the field of alternative dispute
resolution, including the resolution of litigation
matters through such means.
``(B) Copyright claims attorneys.--Each Copyright
Claims Attorney shall be an attorney with no less than
3 years of substantial experience in copyright law.
``(4) Compensation.--Each Copyright Claims Officer shall be
compensated at not less than the minimum and not more than the
maximum rate of pay for SL employees (or the equivalent) of the
Federal Government, including locality pay, as applicable. Each
Copyright Claims Attorney shall be compensated at not more than
the maximum permissible pay for level 10 of GS-15 of the
General Schedule (or the equivalent), including locality pay,
as applicable.
``(5) Term.--Copyright Claims Officers shall serve for 6-
year terms that are renewable by the Librarian of Congress upon
recommendation of the Register of Copyrights: Provided,
however, That the terms for the initial Copyright Claims
Officers appointed hereunder shall be as follows: one Copyright
Claims Officer shall be appointed for 4 years, the second shall
be appointed for 5 years, and the third shall be appointed for
6 years.
``(6) Vacancies and incapacity.--
``(A) Vacancy.--If a vacancy shall occur in the
position of Copyright Claims Officer, the Librarian of
Congress shall, upon recommendation of the Register of
Copyrights, who shall identify qualified candidates,
act expeditiously to appoint a Copyright Claims Officer
for that position. An individual appointed to fill a
vacancy occurring before the expiration of the term for
which his or her predecessor was appointed shall be
appointed to serve for a 6-year term.
``(B) Incapacity.--If a Copyright Claims Officer is
temporarily unable to perform his or her duties, the
Librarian of Congress shall, upon recommendation of the
Register of Copyrights, who shall identify qualified
candidates, act expeditiously to appoint an interim
Copyright Claims Officer to perform such duties during
the period of such incapacity.
``(7) Supervision and removal.--Subject to section 1402(b),
the Copyright Claims Officers shall be supervised and removable
by the Librarian of Congress.
``(8) Administrative support.--The Register of Copyrights
shall provide the Copyright Claims Officers and Copyright
Claims Attorneys with necessary administrative support,
including technological facilities, to carry out their duties
under this chapter.
``(9) Location of copyright claims board.--The offices and
facilities of the Copyright Claims Officers and Copyright
Claims Attorneys shall be located at the Copyright Office.
``Sec. 1402. Authority and responsibilities of the Copyright Claims
Board
``(a) Functions.--
``(1) Copyright claims officers.--Subject to the provisions
of this chapter and applicable regulations, the functions of
the Copyright Claims Officers shall be as follows:
``(A) To render determinations on such civil
copyright claims, counterclaims, and defenses as are
permitted to be brought before them under this chapter.
``(B) To ensure that claims, counterclaims, and
defenses are properly asserted and otherwise
appropriate for resolution by the Copyright Claims
Board.
``(C) To manage the proceedings before them and
render rulings pertaining to the consideration of
claims, counterclaims, and defenses, including
scheduling, discovery, evidentiary, and other matters.
``(D) To request the production of information and
documents relevant to the resolution of a claim,
counterclaim, or defense from participants in a
proceeding and from nonparticipants.
``(E) To conduct hearings and conferences.
``(F) To facilitate parties' settlement of claims
and counterclaims.
``(G) To award monetary relief and also to include
in its determinations a requirement of cessation or
mitigation of infringing activity, including takedown
or destruction of infringing materials, where the party
to undertake such measures has so agreed.
``(H) To provide information to the public
concerning the procedures and requirements of the
Copyright Claims Board.
``(I) To maintain records of the proceedings before
them, certify official records of such proceedings as
needed, and make the records in such proceedings
available to the public in accordance with law.
``(J) To carry out such other duties as are
prescribed in this chapter.
``(K) When not engaged in performing their duties
as prescribed in this chapter, to perform such other
duties as may be assigned by the Register of
Copyrights.
``(2) Copyright claims attorneys.--Subject to the
provisions of this chapter and applicable regulations, the
functions of the Copyright Claims Attorneys shall be as
follows:
``(A) To provide assistance to the Copyright Claims
Officers in the administration of their duties under
this chapter.
``(B) To provide assistance to members of the
public with respect to the procedures and requirements
of the Copyright Claims Board.
``(C) When not engaged in performing their duties
as prescribed in this chapter, to perform such other
duties as may be assigned by the Register of
Copyrights.
``(b) Independence in Determinations.--The Copyright Claims
Officers shall render their determinations in individual proceedings
independently on the basis of the records in the proceedings before
them and in accordance with the provisions of this title, judicial
precedent, and applicable regulations of the Register of Copyrights.
The Copyright Claims Officers and Copyright Claims Attorneys may
consult with the Register of Copyrights on general issues of law, but,
subject to section 1405(w), not with respect to the facts of any
particular matter pending before them or the application of law
thereto. Notwithstanding any other provision of law or any regulation
or policy of the Library of Congress or Register of Copyrights, no
performance appraisal of a Copyright Claims Officer or Copyright Claims
Attorney shall consider the substantive result of any individual
determination reached by the Copyright Claims Board as a basis for
appraisal except insofar as it may relate to any actual or alleged
violation of an ethical standard of conduct.
``(c) Direction by Register.--Subject to subsection (b), the
Copyright Claims Officers and Copyright Claims Attorneys shall be
generally directed in the administration of their duties by the
Register of Copyrights.
``(d) Inconsistent Duties Barred.--No Copyright Claims Officer or
Copyright Claims Attorney may undertake duties that conflict with his
or her duties or responsibilities in connection with the Copyright
Claims Board.
``(e) Recusal.--A Copyright Claims Officer or Copyright Claims
Attorney shall recuse himself or herself from participation in any
proceeding with respect to which the Copyright Claims Officer or
Copyright Claims Attorney has reason to believe that he or she has a
conflict of interest.
``(f) Ex Parte Communications.--Except as may otherwise be
permitted by applicable law, any party to a proceeding before the
Copyright Claims Board shall refrain from ex parte communications with
the Copyright Claims Officers concerning the substance of any
proceeding before the Copyright Claims Board.
``(g) Judicial Review.--Actions of the Copyright Claims Officers
and Register of Copyrights under this chapter in connection with the
rendering of individual determinations are subject to judicial review
as provided under section 1407(c), and not under chapter 7 of title 5,
United States Code.
``Sec. 1403. Nature of proceedings
``(a) Voluntary Participation.--Participation in a Copyright Claims
Board proceeding shall be on a voluntary basis in accordance with this
chapter, and the right of any party to instead pursue a claim,
counterclaim or defense in a United States district court or any other
court, and to seek a jury trial, shall be preserved.
``(b) Statute of Limitations.--
``(1) In general.--No proceeding shall be maintained before
the Copyright Claims Board unless it is commenced in accordance
with section 1405(e) before the Copyright Claims Board within
three years after the claim that is the basis for the
proceeding accrued.
``(2) Tolling.--Subject to section 1406(a), a proceeding
commenced before the Copyright Claims Board shall toll the time
permitted under section 507(b) of this title for commencement
of an action on the same claim in a United States district
court during the time it remains pending.
``(c) Permissible Claims, Counterclaims and Defenses.--The
Copyright Claims Officers may render determinations with respect to the
following claims, counterclaims and defenses, subject to such further
limitations and requirements, including with respect to particular
classes of works, as may be set forth in regulations established by the
Register of Copyrights:
``(1) A claim for infringement of an exclusive right of
copyright provided under section 106 of this title, asserted by
the legal or beneficial owner of such exclusive right at the
time of infringement pursuant to which the claimant seeks
damages, if any, within the limitations set forth in subsection
(e)(1).
``(2) A claim for a declaration of noninfringement of an
exclusive right of copyright provided under section 106 of this
title, where an actual controversy exists as evidenced by a
written communication indicating that legal action against the
claimant is imminent due to specifically alleged infringing
conduct.
``(3) Notwithstanding any other provision of law, a claim
pursuant to section 512(f) of this title for misrepresentation
in connection with a notification of claimed infringement or a
counter notification seeking to replace removed or disabled
material: Provided, however, That any remedies in such a
proceeding before the Copyright Claims Board shall be limited
to those available under this chapter.
``(4) A counterclaim asserted solely against the claimant
or claimants in a proceeding pursuant to which the
counterclaimant or counterclaimants seek damages, if any,
within the limitations set forth in subsection (e)(1), and
that--
``(A) arises under section 106 or section 512(f) of
this title, and out of the same transaction or
occurrence that is the subject of a claim of
infringement brought under paragraph (1), a claim of
noninfringement brought under paragraph (2), or a claim
of misrepresentation brought under paragraph (3); or
``(B) arises under an agreement pertaining to the
same transaction or occurrence that is the subject of a
claim of infringement brought under paragraph (1) and
could affect the relief awarded to the claimant.
``(5) A legal or equitable defense, pursuant to this title
or otherwise available under law, in response to a claim or
counterclaim asserted under this subsection.
``(6) A single claim or multiple claims permitted under
paragraph (1), (2), or (3) by one or more claimants against one
or more respondents: Provided, however, That all claims
asserted in any one proceeding arise out of the same allegedly
infringing activity or continuous course of infringing
activities and do not in the aggregate result in a claim for
damages in excess of the limitation provided in subsection
(e)(1)(D).
``(d) Excluded Claims.--The following claims and counterclaims are
not subject to determination by the Copyright Claims Board:
``(1) A claim or counterclaim that is not a permissible
claim or counterclaim under subsection (c).
``(2) A claim or counterclaim that has been finally
adjudicated by a court of competent jurisdiction or that is
already pending before a court of competent jurisdiction,
unless such court has issued a stay to permit such claim or
counterclaim to proceed before the Copyright Claims Board.
``(3) A claim or counterclaim by or against a Federal or
State government entity.
``(4) A claim or counterclaim asserted against a person or
entity residing outside of the United States.
``(5) A claim or counterclaim dismissed by the Copyright
Claims Board pursuant to section 1405(f)(3).
``(e) Permissible Remedies.--
``(1) Monetary recovery.--
``(A) Actual damages, profits, and limited
statutory damages.--Subject to the limitation on total
monetary recovery set forth in subparagraph (D), with
respect to a claim or counterclaim for infringement of
copyright, the Copyright Claims Board may award--
``(i) actual damages and profits determined
in accordance with section 504(b) of this
title, which determination shall include in
appropriate cases consideration of whether the
infringing party has agreed to cease or
mitigate the infringing activity as provided in
paragraph (2); or
``(ii) limited statutory damages, which
shall be determined in accordance with section
504(c) of this title, subject to the following
conditions:
``(I) With respect to works timely
registered under section 412 of this
title, such that they are eligible for
an award of statutory damages under
that section, such limited statutory
damages shall not exceed $15,000 per
work infringed.
``(II) With respect to works not
timely registered under section 412 of
this title, but eligible for an award
of statutory damages under this
section, limited statutory damages
shall not exceed $7,500 per work
infringed, or a total of $15,000 in any
one proceeding.
``(III) The Copyright Claims Board
shall not make any finding or consider
whether the infringement was committed
willfully in making an award of limited
statutory damages.
``(IV) The Copyright Claims Board
may consider as an additional factor in
awarding limited statutory damages
whether the infringer has agreed to
cease or mitigate the infringing
activity as provided in paragraph (2).
``(B) Election of damages.--With respect to a claim
or counterclaim of infringement, the claimant or
counterclaimant shall after the close of discovery and
in accordance with the schedule established by the
Copyright Claims Board pursuant to section 1405(j)
elect to pursue either actual damages and profits or
limited statutory damages as provided in subparagraph
(A).
``(C) Other damages.--Damages for claims and
counterclaims other than infringement claims shall be
awarded in accordance with applicable law and shall be
subject to the limitation set forth in subparagraph
(D).
``(D) Limitation on total monetary recovery.--
Notwithstanding any other provision of law, a party who
pursues any one or more claims or counterclaims in any
single proceeding before the Copyright Claims Board may
not seek or recover in such proceeding a total monetary
recovery that exceeds the sum of $30,000, exclusive of
any attorneys' fees and costs that may be awarded under
section 1405(x)(2).
``(2) Agreement to cease infringing activity.--In any
proceeding where a party agrees to cease activity that is found
to be infringing, including removal or disabling of access to,
or destruction of, infringing materials, and such agreement is
reflected in the record, the Copyright Claims Board shall
include in its determination a requirement that such party
cease his or her infringing conduct.
``(3) Attorneys' fees and costs.--Notwithstanding any other
provision of law, except in the case of bad faith conduct as
provided in section 1405(x)(2), the parties to proceedings
before the Copyright Claims Board shall bear their own
attorneys' fees and costs.
``(f) Joint and Several Liability.--Parties to a proceeding before
the Copyright Claims Board may be found jointly and severally liable if
all such parties and relevant claims or counterclaims arise from the
same activity or activities.
``Sec. 1404. Registration requirement
``(a) Application or Certificate.--No claim or counterclaim
alleging infringement of an exclusive right of copyright may be
asserted before the Copyright Claims Board unless the owner of the
copyright has first delivered a completed application, deposit and the
required fee for registration to the Copyright Office and either a
registration certificate has been issued or has not been refused.
``(b) Certificate of Registration.--Notwithstanding any other
provision of law, a claimant or counterclaimant in a proceeding before
the Copyright Claims Board shall be eligible to recover actual damages
and profits or limited statutory damages for infringement of a work
under this chapter if the requirements of subsection (a) have been met:
Provided, however, That--
``(1) the Copyright Claims Board shall not render a
determination in the proceeding until a registration
certificate has been issued by the Copyright Office, submitted
to the Copyright Claims Board and made available to the other
parties to the proceeding, and the other parties have been
provided an opportunity to address it;
``(2) if a proceeding cannot proceed further due to an
outstanding registration certificate for the work, it shall be
held in abeyance pending submission of the certificate to the
Copyright Claims Board; but if held in abeyance for more than
one year, the Copyright Claims Board may, upon providing
written notice to the parties and 30 days to respond, dismiss
the proceeding without prejudice; and
``(3) if the Copyright Claims Board receives notice that
registration has been refused by the Copyright Office, the
proceeding shall be dismissed without prejudice.
``(c) Presumption.--Where a certificate shows that registration of
a work was made before or within 5 years of its first publication, the
presumption set forth in section 410(c) of this title shall apply in a
proceeding before the Copyright Claims Board, in addition to relevant
principles of law under this title.
``(d) To ensure that actions before the Board proceed in a timely
manner, the Register of Copyrights shall promulgate regulations
providing the Copyright Office with the authority to issue a
certificate of registration on an expedited basis. Such regulations
shall treat applications for registration certificates pertaining to a
proceeding before the Board on an expedited basis and separately from
all other applications for certificates of registration, except those
applications subject to special handling under 37 CFR 201.15.
``Sec. 1405. Conduct of proceedings
``(a) In General.--Proceedings of the Copyright Claims Board shall
be conducted in accordance with this chapter and regulations as
implemented by the Register of Copyrights, in addition to relevant
principles of law under this title. To the extent it appears there may
be conflicting judicial precedent on an issue of substantive copyright
law that cannot be reconciled, the Copyright Claims Board shall follow
the law of the Federal jurisdiction where the action could have been
brought if filed in Federal district court, or, if it could have been
brought in more than one jurisdiction, the jurisdiction that the
Copyright Claims Board determines has the most significant ties to the
parties and conduct at issue.
``(b) Record.--The Copyright Claims Board shall maintain records
documenting the proceedings before it.
``(c) Centralized Process.--Proceedings before the Copyright Claims
Board shall be conducted at the offices of the Copyright Claims Board
without the requirement of in-person appearances by parties or others,
and shall take place by means of written submissions and hearings and
conferences accomplished via Internet-based applications and other
telecommunications facilities: Provided, however, That in cases where
physical or other nontestimonial evidence material to a proceeding
cannot be furnished to the Copyright Claims Board through available
telecommunications facilities, the Copyright Claims Board shall have
the discretion to make alternative arrangements for the submission of
such evidence that do not prejudice another party to the proceeding.
``(d) Representation.--A party to a proceeding before the Copyright
Claims Board may, but is not required to be represented by--
``(1) an attorney; or
``(2) a law student who is qualified under applicable law
governing law students' representation of parties in legal
proceedings and who provides such representation on a pro bono
basis.
``(e) Commencement of Proceeding.--To commence a proceeding, a
claimant shall, subject to such additional requirements as may be
prescribed in regulations established by the Register of Copyrights,
file a claim with the Copyright Claims Board, that--
``(1) includes a statement of material facts in support of
the claim;
``(2) is certified in accordance with subsection (x)(1);
and
``(3) is accompanied by a filing fee in such amount as may
be prescribed in regulations established by the Register of
Copyrights, which amount shall be at least $100, shall not
exceed the cost of filing an action in a United States district
court, and shall be established to further the goals of the
Copyright Claims Board.
``(f) Review of Claims and Counterclaims.--
``(1) Claims.--Upon filing, a claim shall be reviewed by a
Copyright Claims Attorney to ensure that it complies with
applicable regulations and this chapter, including the
following:
``(A) If the claim is found to comply, the claimant
shall be so notified and instructed to proceed with
service of the claim as provided in subsection (g).
``(B) If the claim is found not to comply, the
claimant shall be notified that the claim is deficient
and permitted to file an amended claim within 30 days
of the date of such notice without the requirement of
an additional filing fee. If the claimant files a
compliant claim within that period, he or she shall be
so notified and instructed to proceed with service of
the claim. If the claim is refiled within the 30-day
period but still fails to comply, the claimant will
again be notified that the claim is deficient and
provided a second opportunity to amend it within 30
days without the requirement of an additional filing
fee. If the claim is refiled again within the second
30-day period and is compliant, the claimant shall be
so notified and instructed to proceed with service, but
if the claim still fails to comply, upon confirmation
of its noncompliance by a Copyright Claims Officer, the
proceeding shall be dismissed without prejudice. The
Copyright Claims Board shall also dismiss without
prejudice any proceeding in which a compliant claim is
not filed within the applicable 30-day time period.
``(C) For purposes of this paragraph, a claim
against an online service provider for infringement by
reason of storage of or referral or linking to
infringing material that may be subject to the
limitations on liability set forth in section 512(b),
section 512(c), or section 512(d) of this title, shall
be considered noncompliant unless the claimant affirms
in the statement required under subsection (e)(1) of
this section that he or she has previously notified the
service provider of the claimed infringement in
accordance with section 512(b)(2)(E), section
512(c)(3), or section 512(d)(3) of this title, as
applicable, and the service provider failed to remove
or disable access to the material expeditiously upon
the provision of such notice: Provided, however, That
if a claim is found to be noncompliant under this
subparagraph, the Copyright Claims Board shall provide
the claimant with information concerning the service of
such a notice pursuant to the relevant provision of
this title.
``(2) Counterclaims.--Upon filing and service of a
counterclaim, the counterclaim shall be reviewed by a Copyright
Claims Attorney to ensure that it complies with the provisions
of this chapter and applicable regulations. If the counterclaim
is found not to comply, the counterclaimant and other parties
shall be notified that it is deficient and the counterclaimant
permitted to file and serve an amended counterclaim within 30
days of the date of such notice. If the counterclaimant files
and serves a compliant counterclaim within that period, the
counterclaimant and other parties shall be so notified. If the
counterclaim is refiled and served within the 30-day period but
still fails to comply, the counterclaimant and other parties
will again be notified that it is deficient and the
counterclaimant provided a second opportunity to amend it
within 30 days. If the counterclaim is refiled and served again
within the second 30-day period and is compliant, the
counterclaimant and parties shall be so notified, but if the
counterclaim still fails to comply, upon confirmation of its
noncompliance by a Copyright Claims Officer, the counterclaim,
but not the proceeding, shall be dismissed without prejudice.
``(3) Dismissal for good cause.--The Copyright Claims Board
shall dismiss a proceeding without prejudice if, upon reviewing
a claim or counterclaim, or at any other time in a proceeding,
the Copyright Claims Board concludes that it is unsuitable for
determination by the Copyright Claims Board, including due to
the following:
``(A) The failure to join a necessary party.
``(B) The lack of an essential witness, evidence,
or expert testimony.
``(C) Determination of a relevant issue of law or
fact that could exceed the competence of the Copyright
Claims Board.
``(g) Service of Notice and Claims.--To proceed with a claim
against a respondent, a claimant must within 90 days of receiving
notification to proceed with service file proof of service on the
respondent with the Copyright Claims Board. To effectuate service on a
respondent, the claimant must cause notice of the proceeding and a copy
of the claim to be served on the respondent, either by personal service
or pursuant to a waiver of personal service, as prescribed in
regulations established by the Register of Copyrights. Such regulations
shall include the following requirements and conditions:
``(1) The notice of the proceeding shall adhere to a
prescribed form and shall set forth the nature of the Copyright
Claims Board and proceeding, the respondent's right to opt out,
and the consequences of opting out and not opting out,
including a prominent statement that, by not opting out within
the 30-day period, the respondent--
``(A) will forgo the opportunity to have the
dispute decided by a court created under article III of
the Constitution of the United States; and
``(B) will be waiving the right to a jury trial
regarding the dispute.
``(2) The copy of the claim served on the respondent shall
be as it was filed with the Copyright Claims Board.
``(3) Personal service of a notice and claim may be
effected by an individual who is not a party to the proceeding
and is over the age of 18.
``(4) An individual, other than a minor or incompetent
individual, may be served by--
``(A) following State law for serving a summons in
an action brought in courts of general jurisdiction in
the State where service is made; or
``(B) doing any of the following:
``(i) Delivering a copy of the notice and
claim to the individual personally.
``(ii) Leaving a copy of each at the
individual's dwelling or usual place of abode
with someone of suitable age and discretion who
resides there.
``(iii) Delivering a copy of each to an
agent authorized by appointment or by law to
receive service of process.
``(5) A corporation, partnership or unincorporated
association that is subject to suit in courts of general
jurisdiction under a common name may be served by--
``(A) following State law for serving a summons in
an action brought in courts of general jurisdiction in
the State where service is made; or
``(B) delivering a copy of the notice and claim to
an officer, a managing or general agent or any other
agent authorized by appointment or by law to receive
service of process in an action brought in courts of
general jurisdiction and, if the agent is one
authorized by statute and the statute so requires, by
also mailing a copy of each to the respondent.
``(6) To request a waiver of personal service, the claimant
may notify a respondent by first class mail or other reasonable
means that a proceeding has been commenced in accordance with
regulations established by the Register of Copyrights, which
shall include the following:
``(A) Any such request shall be in writing and
addressed to the respondent, and be accompanied by a
prescribed notice of the proceeding and copy of the
claim as filed with the Copyright Claims Board, as well
as a prescribed form for waiver of personal service,
and a prepaid or costless means of returning the form.
``(B) The request shall state the date it was sent
and provide the respondent 30 days to return the signed
waiver form, which signed waiver shall constitute
acceptance and proof of service as of the date it is
signed for purposes of this subsection.
``(7) A respondent's waiver of personal service shall not
constitute a waiver of the respondent's right to opt out of the
proceeding: Provided, however, That a respondent who timely
waives personal service and does not opt out shall be allowed
an additional 30 days beyond the amount of time normally
permitted under the applicable procedures of the Copyright
Claims Board to submit a substantive response to the claim,
including any defenses and counterclaims.
``(8) A minor or an incompetent individual may only be
served by following State law for serving a summons or like
process on such an individual in an action brought in the
courts of general jurisdiction of the State where service is
made.
``(9) Service of a claim and waiver of personal service may
only be effected within the United States.
``(h) Opt-Out Procedure.--Upon being properly served with a notice
and claim, a respondent who chooses to opt out of the proceeding shall
have 30 days from the date of service in which to provide written
notice of such choice to the Copyright Claims Board, in accordance with
regulations established by the Register of Copyrights. If proof of
service has been filed by the claimant and the respondent does not
submit an opt-out notice to the Copyright Claims Board within 30 days
of service, the proceeding shall be deemed an active proceeding and the
respondent shall be bound by the result to the extent provided under
section 1406(a). If the respondent opts out during that period, the
proceeding shall be dismissed without prejudice: Provided, however,
That in exceptional circumstances and upon written notice to the
claimant, the Copyright Claims Board may extend such 30-day period in
the interests of justice.
``(i) Service of Other Documents.--Other documents submitted or
relied upon in the proceeding shall be served as provided in
regulations established by the Register of Copyrights.
``(j) Scheduling.--Upon confirmation that a proceeding has become
an active proceeding, the Copyright Claims Board shall issue a schedule
for future conduct of the proceeding. A schedule issued by the
Copyright Claims Board may be amended by the Copyright Claims Board in
the interests of justice.
``(k) Conferences.--One or more Copyright Claims Officers may hold
a conference to address case management or discovery issues in a
proceeding: Provided, however, That such conference shall not be
addressed to ultimate issues of fact or law. Any such conference shall
be noted upon the record of the proceeding and may be recorded or
transcribed.
``(l) Party Submissions.--There shall be no formal motion practice
in a Copyright Claims Board proceeding: Provided, however, That,
subject to applicable regulations and the procedures of the Copyright
Claims Board--
``(1) the parties to a proceeding shall be permitted to
make requests to the Copyright Claims Board to address case
management and discovery matters, and submit responses thereto;
and
``(2) the Copyright Claims Board may request or permit
parties to make submissions addressing relevant questions of
fact or law, or other matters, including matters raised sua
sponte by the Copyright Claims Officers, and offer responses
thereto.
``(m) Discovery.--Discovery shall be limited to the production of
relevant information and documents, written interrogatories, and
written requests for admission, as further provided in regulations
established by the Register of Copyrights: Provided, however, That--
``(1) upon request of a party, and for good cause shown,
the Copyright Claims Board shall have the discretion to approve
additional limited discovery in particular matters, and may
request specific information and documents from participants in
the proceeding and voluntary submissions from nonparticipants;
``(2) upon request of a party, and for good cause shown,
the Copyright Claims Board may issue a protective order to
limit the disclosure of documents or testimony that contain
confidential information; and
``(3) after providing notice and an opportunity to respond,
and upon good cause shown, the Copyright Claims Board may apply
an adverse inference with respect to disputed facts against a
party who has failed timely to provide discovery materials in
response to a proper request for materials that could be
relevant to such facts.
``(n) Evidence.--The Copyright Claims Board may consider the
following types of evidence, which may be admitted without application
of formal rules of evidence:
``(1) Documentary and other nontestimonial evidence that is
relevant to the claims, counterclaims or defenses in a
proceeding.
``(2) Testimonial evidence, submitted under penalty of
perjury in written form or in accordance with subsection (o),
limited to statements of the parties and nonexpert witnesses,
that is relevant to the claims, counterclaims and defenses in a
proceeding: Provided, however, That in exceptional cases expert
witness testimony or other types of testimony may be permitted
by the Copyright Claims Board for good cause shown.
``(o) Hearings.--The Copyright Claims Board may conduct a hearing
to receive oral presentations on issues of fact or law from parties and
witnesses to a proceeding, including oral testimony: Provided, however,
That--
``(1) any such hearing shall be attended by at least two of
the Copyright Claims Officers;
``(2) the hearing shall be noted upon the record of the
proceeding and, subject to paragraph (3), may be recorded or
transcribed as deemed necessary by the Copyright Claims Board;
and
``(3) a recording or transcript of the hearing shall be
made available to a Copyright Claims Officer who is not in
attendance.
``(p) Voluntary Dismissal.--
``(1) By claimant.--Upon written request of a claimant
received prior to a respondent's filing of a response to a
claim, the Copyright Board shall dismiss the proceeding, or a
claim or respondent, as requested, such dismissal to be without
prejudice.
``(2) By counterclaimant.--Upon written request of a
counterclaimant received prior to a claimant's filing of a
response to a counterclaim, the Copyright Claims Board shall
dismiss the counterclaim, such dismissal to be without
prejudice.
``(q) Settlement.--At any time in an active proceeding some or all
of the parties may--
``(1) jointly request a conference with a Copyright Claims
Officer for the purpose of facilitating settlement discussions;
or
``(2) submit to the Copyright Claims Board an agreement
providing for settlement and dismissal of some or all of the
claims and counterclaims in the proceeding, which submission
may also include a request that the Copyright Claims Board
adopt some or all of the terms of the parties' settlement in a
final determination.
``(r) Factual Findings.--Subject to subsection (m)(3), the
Copyright Claims Board shall make factual findings based upon a
preponderance of the evidence.
``(s) Determinations.--
``(1) Nature and contents.--A determination rendered by the
Copyright Claims Board in a proceeding shall--
``(A) be reached by a majority of the Copyright
Claims Board;
``(B) be in writing, and include an explanation of
the factual and legal basis of the decision therein;
``(C) pursuant to section 1403(e)(2), set forth any
terms by which a respondent or counterclaim respondent
has agreed to cease infringing activity;
``(D) pursuant to subsection (q)(2) and to the
extent agreed by the parties, set forth the terms of
any settlement to the extent requested by the parties;
and
``(E) include a clear statement of all damages and
other relief awarded, including pursuant to
subparagraphs (C) and (D).
``(2) Dissent.--A Copyright Claims Officer who dissents
from a decision contained in a determination may append a
statement setting forth the grounds for his or her dissent.
``(3) Publication.--Final determinations of the Copyright
Claims Board shall be made available on a publicly accessible
website with other records to be made available to the public
in accordance with law: Provided, however, That such records
may be redacted by the Copyright Claims Board to protect
confidential information that is the subject of a protective
order under subsection (m)(2).
``(t) Respondent's Default.--Where a proceeding has been deemed an
active proceeding but the respondent has failed to appear or has ceased
participating in the proceeding, as demonstrated by his or her failure
to meet one or more deadlines or requirements set forth in the schedule
adopted by the Copyright Claims Board pursuant to subsection (j)
without justifiable cause, the Copyright Claims Board may enter a
default determination, including the dismissal of any counterclaim
asserted by a respondent, as follows and in accordance with such other
requirements as the Register of Copyrights may prescribe by regulation:
``(1) The Copyright Claims Board shall require the claimant
to submit relevant evidence and other information in support of
his or her claim and any asserted damages and, upon review of
such evidence and any other requested submissions from the
claimant, shall determine whether the materials so submitted
are sufficient to support a finding in favor of the claimant
under applicable law and, if so, the appropriate relief and
damages, if any, to be awarded.
``(2) If the claimant has met his or her burden under
paragraph (1), the Copyright Claims Board shall prepare a
proposed default determination and provide written notice to
the respondent at all addresses, including email addresses,
reflected in the records of the proceeding before the Copyright
Claims Board, concerning the pendency of a default
determination by the Copyright Claims Board and the legal
significance of such determination. Such notice shall be
accompanied by the proposed default determination and provide
that the respondent has 30 days from the date of the notice to
submit any evidence or other information in opposition to the
proposed default determination.
``(3) If the respondent responds to the notice provided
under paragraph (2) within the 30-day period, the Copyright
Claims Board shall consider respondent's submissions and, after
allowing the other parties to address such submissions,
maintain or amend its proposed determination as appropriate,
and the resulting determination shall not be a default
determination.
``(4) If the respondent fails to respond to the notice
provided under paragraph (2), the Copyright Claims Board shall
proceed to issue the default determination as a final
determination. Thereafter, the respondent may only challenge
such determination to the extent permitted under section
1407(c): Provided, however, That prior to the initiation of any
additional proceedings under section 1407, the Copyright Claims
Board shall have the discretion to vacate the default
determination in the interests of justice.
``(u) Claimant's Failure To Proceed.--
``(1) Failure to complete service.--If a claimant fails to
complete service on a respondent within the 90-day period as
prescribed in subsection (g), that respondent shall be
dismissed from the proceeding without prejudice; and if a
claimant fails to complete service on all respondents within
the 90-day period, the proceeding shall be dismissed by the
Copyright Claims Board without prejudice.
``(2) Failure to prosecute.--If a claimant fails to proceed
in an active proceeding, as demonstrated by his or her failure
to meet one or more deadlines or requirements set forth in the
schedule adopted by the Copyright Claims Board pursuant to
subsection (j) without justifiable cause, the Copyright Claims
Board may, upon providing written notice to the claimant and 30
days to respond, issue a determination dismissing the
claimants' claims, which shall include an award of attorneys'
fees and costs if appropriate under subsection (x)(2).
Thereafter, the claimant may only challenge such determination
to the extent permitted under section 1407(c): Provided,
however, That prior to the initiation of any additional
proceedings under section 1407, the Copyright Claims Board
shall have the discretion to vacate the determination of
dismissal in the interests of justice.
``(v) Reconsideration.--A party may, within 30 days of the date of
issuance of a final determination by the Copyright Claims Board, submit
a written request for reconsideration of, or an amendment to, such
determination if the party identifies a clear error of law or fact
material to the outcome, or a technical mistake. After providing the
other parties an opportunity to address such request, the Copyright
Claims Board shall respond by denying the request or issuing an amended
final determination.
``(w) Review by Register.--A party who has been denied
reconsideration by the Copyright Claims Board may, within 30 days of
the date of such denial, request review by the Register of Copyrights
in accordance with regulations established by the Register of
Copyrights, which regulations shall provide for a reasonable filing
fee. The Register's review shall be limited to consideration of whether
the Copyright Claims Board abused its discretion in denying
reconsideration. After providing the other parties an opportunity to
address the request, the Register shall respond by denying the request
or remanding the proceeding to the Copyright Claims Board for
reconsideration of identified issues and issuance of an amended final
determination, which amended final determination shall not be subject
to further consideration or review other than pursuant to section
1407(c).
``(x) Conduct of Parties and Attorneys.--
``(1) Certification.--The Register of Copyrights shall
establish regulations concerning certification of the accuracy
and truthfulness of statements made by participants in
proceedings before the Copyright Claims Board.
``(2) Bad faith conduct.--Notwithstanding any other
provision of law, in any proceeding in which a determination is
rendered and--
``(A) it is established that a party pursued a
claim, counterclaim or defense for a harassing or other
improper purpose, or without reasonable basis in law or
fact; or
``(B) the claimant's claim is dismissed for failure
to prosecute pursuant to subsection (u)(2), unless
inconsistent with the interests of justice, the
Copyright Claims Board shall in such determination
award reasonable attorneys' fees and costs to any
adversely affected party or parties in a total amount
not to exceed $5,000: Provided, however, that if an
adversely affected party appeared pro se in the
proceeding, the award to that party shall be of costs
only and no more than $2,500.
``(3) If it is established that on more than one occasion
within a 12 month period a party pursued a claim, counterclaim
or defense before the Board for a harassing or other improper
purpose, or without reasonable basis in law or fact, such party
shall be barred from initiating a claim before the Board for a
period of 12 months.
``(y) Notwithstanding anything to the contrary in this chapter, the
Register of Copyrights may promulgate regulations allowing for the
disposition of any claim in which total damages sought are $5,000 or
less (exclusive of attorneys' fees and costs). At a minimum, any such
regulations shall provide--
``(1) for one copyright claims officer to consider and
issue a determination with regard to the claim; and
``(2) for which a copyright claims attorney shall review
the claim and determine whether the case shall be heard by one
officer or the Board.
``(z) A claimant may request the Board to issue a subpoena to a
service provider for identification of an alleged infringer of
claimant's copyrighted work. The Copyright Office shall promulgate
regulations governing, at minimum, the issuance of the subpoena, the
contents of the request, the contents of the subpoena, and the
obligations of a service provider who is issued a subpoena. The
regulations shall further require that the claimant seeking the
subpoena must make a sworn declaration to the effect that the purpose
for which the subpoena is sought is to obtain the identity of an
alleged infringer and that such information will only be used for the
purpose of protecting rights under this Act. Such subpoenas shall be
enforceable by the United States District Court for the District of
Columbia.
``Sec. 1406. Effect of proceeding
``(a) Determination.--Subject to the reconsideration and review
processes afforded by sections 1405(v) and 1405(w), respectively, and
section 1407(c), the rendering of a final determination by the
Copyright Claims Board in a proceeding, including a default
determination or determination based on failure to prosecute, shall,
solely with respect to the parties to such determination, preclude
relitigation before any court or tribunal, or before the Copyright
Claims Board, of the claims and counterclaims asserted and finally
determined by such determination, and may be relied upon for such
purpose in a future action or proceeding arising from the same specific
activity or activities: Provided, however, That--
``(1) a determination of the Copyright Claims Board shall
not preclude litigation or relitigation as between the same or
different parties before any court or tribunal, or the
Copyright Claims Board, of the same or similar issues of fact
or law in connection with claims or counterclaims not asserted
and finally determined by the determination of the Copyright
Claims Board;
``(2) a determination of ownership of a copyrighted work
for purposes of resolving a matter before the Copyright Claims
Board shall not be relied upon, and shall have no preclusive
effect, in any other action or proceeding before any other
court or tribunal, including the Copyright Claims Board; and
``(3) except to the extent permitted in this subsection and
section 1407, no determination of the Copyright Claims Board
shall be cited or relied upon as legal precedent in any other
action or proceeding before any court or tribunal, including
the Copyright Claims Board.
``(b) Other Materials in Proceeding.--Except as permitted under
this section and section 1407, a submission or statement of a party or
witness made in connection with a proceeding before the Copyright
Claims Board, including a proceeding that is dismissed, shall not be
cited or relied upon in, or serve as the basis of, any action or
proceeding concerning rights or limitations on rights under this title
before any court or tribunal, including the Copyright Claims Board.
``(c) With Respect to Section 512(g).--Notwithstanding any other
provision of law, the commencement of a proceeding by a claimant before
the Copyright Claims Board against a subscriber of a service provider
that seeks a declaration of infringement concerning material that has
been removed or to which access has been disabled by the service
provider in response to a notification of claimed infringement by the
claimant pursuant to section 512(c)(1)(C) of this title shall be a
basis to preclude the replacement of such material by the service
provider pursuant to section 512(g) of this title if notice of the
commencement of the Copyright Claims Board proceeding is provided by
the claimant to the service provider's designated agent not less than
10 nor more than 14 business days following receipt of a counter
notification by the service provider pursuant to section 512(g) of this
title.
``(d) Failure To Assert Counterclaim.--The failure or inability to
assert a counterclaim in a proceeding before the Copyright Claims Board
shall not preclude its assertion in a subsequent court action or
proceeding before the Copyright Claims Board.
``(e) Opt-Out or Dismissal of Party.--If a party has timely opted
out of a proceeding under section 1405(h) or is dismissed from a
proceeding prior to the issuance of a final determination by the
Copyright Claims Board, the determination shall not be binding upon and
shall have no preclusive effect with respect to that party.
``Sec. 1407. Review and confirmation by district court
``(a) In General.--In any proceeding in which a party has failed to
pay monies as required or otherwise comply with the relief awarded in a
final determination of the Copyright Claims Board, including a default
determination or a determination based on failure to prosecute, the
aggrieved party may, within one year of the issuance of such final
determination, resolution of any reconsideration by the Copyright
Claims Board or review by the Register of Copyrights, or issuance of an
amended final determination, whichever occurs last, apply to the United
States District Court for the District of Columbia or any other federal
district court of competent jurisdiction for an order confirming the
final relief awarded and reducing such award to judgment. The court
shall grant such order and direct entry of judgment unless the
determination is or has been vacated, modified or corrected as
permitted under subsection (c). If the United States District Court for
the District of Columbia or any other federal district court of
competent jurisdiction issues an order confirming the relief awarded by
the Board, the Court must impose on the party who failed to pay damages
or otherwise comply with the relief, the reasonable expenses required
to secure such order, including attorney fees, incurred by the
aggrieved party.
``(b) Filing Procedures.--
``(1) Notice of the application for confirmation of a
determination of the Copyright Claims Board and entry of
judgment shall be provided to all parties to the proceeding
before the Copyright Claims Board, in accordance with the
procedures applicable to service of a motion in United States
District Court for the District of Columbia.
``(2) The application shall include a certified copy of the
final or amended final determination of the Copyright Claims
Board, as reflected in the records of the Copyright Claims
Board, following any process of reconsideration or review by
the Register of Copyrights, to be confirmed and rendered to
judgment, as well as a declaration by the applicant under
penalty of perjury that it is a true and correct copy of such
determination, the date it was issued, and whether the
applicant is aware of any other proceedings before the United
States District Court concerning the same determination of the
Copyright Claims Board.
``(c) Challenges to the Determination.--
``(1) Bases for challenge.--Upon application of a party to
the Copyright Claims Board proceeding within 90 days of the
issuance of a final or amended final determination by the
Copyright Claims Board following any process of reconsideration
or review by the Register of Copyrights, the United States
District Court for the District of Columbia may issue an order
vacating, modifying or correcting a determination of the
Copyright Claims Board in the following cases:
``(A) Where the determination was issued or as a
result of fraud, corruption, misrepresentation, or
other misconduct.
``(B) Where the Copyright Claims Board exceeded its
authority or failed to render a final and definite
determination concerning the subject matter at issue.
``(C) In the case of a default determination or
determination based on failure to prosecute, where it
is established that the default or failure was due to
excusable neglect.
``(2) Procedure to challenge.--
``(A) Notice of the application to challenge a
determination of the Copyright Claims Board shall be
provided to all parties to the proceeding before the
Copyright Claims Board, in accordance with the
procedures applicable to service of a motion in United
States District Court for the District of Columbia.
``(B) The application shall include a certified
copy of the final or amended final determination, as
reflected in the records of the Copyright Claims Board
following any process of reconsideration or review by
the Register of Copyrights, that is the subject of the
application, as well as a declaration by the applicant
under penalty of perjury that it is a true and correct
copy of such determination, the date it was issued, the
basis for challenge under subsection (c)(1), and
whether the applicant is aware of any other proceedings
before the United States District Court concerning the
same determination of the Copyright Claims Board. For
the purposes of the application, any judge who might
make an order to stay the proceedings in an action
brought in the same court, may make an order, to be
served with the notice of application, staying
proceedings to enforce the award.
``Sec. 1408. Relationship to other district court actions
``(a) Stay of District Court Proceedings.--A United States district
court shall order a stay of proceedings or such other relief as it
deems appropriate with respect to any claim brought before it that is
already the subject of a pending active proceeding before the Copyright
Claims Board.
``(b) District Court Cost and Fee Awards.--In any case before a
United States district court in which the court is considering whether
to award costs or attorneys' fees to a prevailing party pursuant to
section 505 of this title, the district court may in its discretion
take into account, among other relevant factors, whether the
nonprevailing party had the option and could have chosen to proceed
before the Copyright Claims Board in lieu of the district court.
``(c) Alternative Dispute Resolution Process.--The Copyright Claims
Board shall qualify as an alternative dispute resolution process under
section 651 of title 28 for purposes of referral of eligible cases by
United States district courts upon consent of the parties.
``Sec. 1409. Implementation by Copyright Office
``(a) Regulations.--
``(1) Implementation generally.--The Register of Copyrights
shall establish regulations to implement the Copyright Claims
Board as contemplated by this chapter, including the
establishment of the fees prescribed by sections 1405(e)(3) and
1405(w), which authority shall not limit the Register's more
general authority to establish fees for services in accordance
with section 708 of this title. All fees received by the
Copyright Office in connection with the activities under this
chapter shall be deposited by the Register and credited to the
appropriations for necessary expenses of the Office in
accordance with section 708(d) of this title.
``(2) Limits on monetary relief.--The Register may conduct
a rulemaking to adjust the limits on monetary recovery or
attorneys' fees and costs that may be awarded under this
chapter to further the goals of the Copyright Claims Board:
Provided, however, That any resulting rule that makes such an
adjustment shall become effective at the end of a period of 120
days after the rule is submitted to Congress and only if
Congress does not enact a law within such 120-day period that
provides in substance that Congress does not approve of the new
rule.
``(b) Necessary Facilities.--Subject to applicable law, the
Register of Copyrights may retain outside vendors to establish
Internet-based, teleconferencing and other facilities required to
operate the Copyright Claims Board.
``Sec. 1410. Funding
``There are authorized to be appropriated such sums as may be
necessary to pay the costs incurred by the Copyright Office under this
chapter that are not covered by fees collected for services rendered
under this chapter, including the costs of establishing and maintaining
the Copyright Claims Board and its facilities.
``Sec. 1411. Definitions
``As used in this chapter--
``(1) the term `party' refers to both a party and the
party's attorney, as applicable;
``(2) the term `person' (including `his' and `her') refers
to both an individual and an entity that is amenable to legal
process under applicable law; and
``(3) the term `United States' has the meaning given in
section 101 of this title.''.
(b) Clerical Amendment.--The table of chapters for title 17, United
States Code, is amended by adding after the item relating to chapter 13
the following new item:
``14. Copyright Small Claims................................ 1401''.
SEC. 3. IMPLEMENTATION.
The Copyright Claims Board shall begin operation no later than one
year after of the date of the enactment of this Act.
SEC. 4. STUDY.
Not later than 3 years after the issuance of the first
determination by the Copyright Claims Board, the Register of Copyrights
shall deliver a study to Congress that addresses--
(1) the use and efficacy of the Copyright Claims Board in
resolving copyright claims;
(2) whether adjustments to the authority of the Copyright
Claims Board, including eligible claims and works and
applicable damages limitations, are necessary or advisable;
(3) whether greater allowance should be made to permit
awards of attorneys' fees and costs to prevailing parties,
including potential limitations on such awards;
(4) potential mechanisms to assist copyright owners with
small claims in ascertaining the identity and location of
unknown online infringers;
(5) whether the Copyright Claims Board should be expanded
to offer mediation or other nonbinding alternative dispute
resolution services to interested parties; and
(6) such other matters as the Register of Copyrights
believes may be pertinent concerning the Copyright Claims
Board.
SEC. 5. SEVERABILITY.
If any provision of this Act is declared unconstitutional, the
validity of the remainder of this Act shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Hearings Held.
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