[Congressional Record Volume 165, Number 167 (Tuesday, October 22, 2019)]
[House]
[Pages H8345-H8354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     COPYRIGHT ALTERNATIVE IN SMALL-CLAIMS ENFORCEMENT ACT OF 2019

  Mr. JEFFRIES. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2426) to amend title 17, United States Code, to establish an 
alternative dispute resolution program for copyright small claims, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2426

       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 2019'' or the ``CASE Act of 
     2019''.

     SEC. 2. COPYRIGHT SMALL CLAIMS.

       (a) In General.--Title 17, United States Code, is amended 
     by adding at the end the following:

                  ``CHAPTER 15--COPYRIGHT SMALL CLAIMS

``Sec.
``1501. Definitions.
``1502. Copyright Claims Board.
``1503. Authority and duties of the Copyright Claims Board.
``1504. Nature of proceedings.
``1505. Registration requirement.
``1506. Conduct of proceedings.
``1507. Effect of proceeding.
``1508. Review and confirmation by district court.
``1509. Relationship to other district court actions.
``1510. Implementation by Copyright Office.
``1511. Funding.

     ``Sec. 1501. Definitions

       ``In this chapter--
       ``(1) the term `party'--
       ``(A) means a party; and
       ``(B) includes the attorney of a party, as applicable;
       ``(2) the term `claimant' means the real party in interest 
     that commences a proceeding before the Copyright Claims Board 
     under section 1506(e), pursuant to a permissible claim of 
     infringement brought under section 1504(c)(1), 
     noninfringement brought under section 1504(c)(2), or 
     misrepresentation brought under section 1504(c)(3);
       ``(3) the term `counterclaimant' means a respondent in a 
     proceeding before the Copyright Claims Board that--
       ``(A) asserts a permissible counterclaim under section 
     1504(c)(4) against the claimant in the proceeding; and
       ``(B) is the real party in interest with respect to the 
     counterclaim described in subparagraph (A); and
       ``(4) the term `respondent' means any person against whom a 
     proceeding is brought before the Copyright Claims Board under 
     section 1506(e), pursuant to a permissible claim of 
     infringement brought under section 1504(c)(1), 
     noninfringement brought under section 1504(c)(2), or 
     misrepresentation brought under section 1504(c)(3).

     ``Sec. 1502. Copyright Claims Board

       ``(a) In General.--There is established in the Copyright 
     Office 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 provided in this chapter.
       ``(b) Officers and Staff.--
       ``(1) Copyright claims officers.--The Register of 
     Copyrights shall recommend 3 full-time Copyright Claims 
     Officers to serve on the Copyright Claims Board in accordance 
     with paragraph (3)(A). The Officers shall be appointed by the 
     Librarian of Congress to such positions after consultation 
     with the Register of Copyrights.
       ``(2) Copyright claims attorneys.--The Register of 
     Copyrights shall hire not fewer than 2 full-time Copyright 
     Claims Attorneys to assist in the administration of the 
     Copyright Claims Board.
       ``(3) Qualifications.--
       ``(A) Copyright claims officers.--
       ``(i) In general.--Each Copyright Claims Officer shall be 
     an attorney who has not fewer than 7 years of legal 
     experience.
       ``(ii) Experience.--Two of the Copyright Claims Officers 
     shall have--

       ``(I) substantial experience in the evaluation, litigation, 
     or adjudication of copyright infringement claims; and
       ``(II) between those 2 Officers, have represented or 
     presided over a diversity of copyright interests, including 
     those of both owners and users of copyrighted works.

       ``(iii) Alternative dispute resolution.--The Copyright 
     Claims Officer not described in clause (ii) shall have 
     substantial familiarity with copyright law and experience in 
     the field of alternative dispute resolution, including the 
     resolution of litigation matters through that method of 
     resolution.
       ``(B) Copyright claims attorneys.--Each Copyright Claims 
     Attorney shall be an attorney who has not fewer than 3 years 
     of substantial experience in copyright law.
       ``(4) Compensation.--
       ``(A) Copyright claims officers.--
       ``(i) Definition.--In this subparagraph, the term `senior 
     level employee of the Federal Government' means an employee, 
     other than an employee in the Senior Executive Service, the 
     position of whom is classified above GS-15 of the General 
     Schedule.
       ``(ii) Pay range.--Each Copyright Claims Officer shall be 
     compensated at a rate of pay that is not less than the 
     minimum, and not more than the maximum, rate of pay payable 
     for senior level employees of the Federal Government, 
     including locality pay, as applicable.
       ``(B) Copyright claims attorneys.--Each Copyright Claims 
     Attorney shall be compensated at a rate of pay that is not 
     more than the maximum rate of pay payable for level 10 of GS-
     15 of the General Schedule, including locality pay, as 
     applicable.
       ``(5) Terms.--
       ``(A) In general.--Subject to subparagraph (B), a Copyright 
     Claims Officer shall serve for a renewable term of 6 years.

[[Page H8346]]

       ``(B) Initial terms.--The terms for the first Copyright 
     Claims Officers appointed under this chapter shall be as 
     follows:
       ``(i) The first such Copyright Claims Officer appointed 
     shall be appointed for a term of 4 years.
       ``(ii) The second Copyright Claims Officer appointed shall 
     be appointed for a term of 5 years.
       ``(iii) The third Copyright Claims Officer appointed shall 
     be appointed for a term of 6 years.
       ``(6) Vacancies and incapacity.--
       ``(A) Vacancy.--
       ``(i) In general.--If a vacancy occurs in the position of a 
     Copyright Claims Officer, the Librarian of Congress shall, 
     upon the recommendation of and in consultation with the 
     Register of Copyrights, act expeditiously to appoint a 
     Copyright Claims Officer for that position.
       ``(ii) Vacancy before expiration.--An individual appointed 
     to fill a vacancy occurring before the expiration of the term 
     for which the predecessor of the individual was appointed 
     shall be appointed to serve a 6-year term.
       ``(B) Incapacity.--If a Copyright Claims Officer is 
     temporarily unable to perform the duties of the Officer, the 
     Librarian of Congress shall, upon recommendation of and in 
     consultation with the Register of Copyrights, act 
     expeditiously to appoint an interim Copyright Claims Officer 
     to perform such duties during the period of such incapacity.
       ``(7) Sanction or removal.--Subject to section 1503(b), the 
     Librarian of Congress may sanction or remove a Copyright 
     Claims Officer.
       ``(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 the duties 
     of the Officers and Attorneys 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. 1503. Authority and duties 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 the civil copyright 
     claims, counterclaims, and defenses that may be brought 
     before the Officers 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 the Officers and 
     render rulings pertaining to the consideration of claims, 
     counterclaims, and defenses, including with respect to 
     scheduling, discovery, evidentiary, and other matters.
       ``(D) To request, from participants and nonparticipants in 
     a proceeding, the production of information and documents 
     relevant to the resolution of a claim, counterclaim, or 
     defense.
       ``(E) To conduct hearings and conferences.
       ``(F) To facilitate the settlement by the parties of claims 
     and counterclaims.
       ``(G)(i) To award monetary relief; and
       ``(ii) to include in the determinations of the Officers a 
     requirement that certain activities under section 1504(e)(2) 
     cease or be mitigated, if the party to undertake the 
     applicable measure 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 the 
     Officers, certify official records of such proceedings as 
     needed, and, as provided in section 1506(t), make the records 
     in such proceedings available to the public.
       ``(J) To carry out such other duties as are set forth in 
     this chapter.
       ``(K) When not engaged in performing the duties of the 
     Officers set forth 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 the duties of those 
     Officers 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) To provide information to potential claimants 
     contemplating bringing a permissible action before the 
     Copyright Claims Board about obtaining a subpoena under 
     section 512(h) for the sole purpose of identifying a 
     potential respondent in such an action.
       ``(D) When not engaged in performing the duties of the 
     Attorneys set forth in this chapter, to perform such other 
     duties as may be assigned by the Register of Copyrights.
       ``(b) Independence in Determinations.--
       ``(1) In general.--The Copyright Claims Board shall render 
     the determinations of the Board in individual proceedings 
     independently on the basis of the records in the proceedings 
     before it and in accordance with the provisions of this 
     title, judicial precedent, and applicable regulations of the 
     Register of Copyrights.
       ``(2) Consultation.--The Copyright Claims Officers and 
     Copyright Claims Attorneys--
       ``(A) may consult with the Register of Copyrights on 
     general issues of law; and
       ``(B) subject to section 1506(x), may not consult with the 
     Register of Copyrights with respect to--
       ``(i) the facts of any particular matter pending before the 
     Officers and the Attorneys; or
       ``(ii) the application of law to the facts described in 
     clause (i).
       ``(3) Performance appraisals.--Notwithstanding any other 
     provision of law or any regulation or policy of the Library 
     of Congress or Register of Copyrights, any performance 
     appraisal of a Copyright Claims Officer or Copyright Claims 
     Attorney may not consider the substantive result of any 
     individual determination reached by the Copyright Claims 
     Board as a basis for appraisal except to the extent that 
     result 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, in the administration of their duties, be under the 
     general direction of the Register of Copyrights.
       ``(d) Inconsistent Duties Barred.--A Copyright Claims 
     Officer or Copyright Claims Attorney may not undertake any 
     duty that conflicts with the duties of the Officer or 
     Attorney 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, as the 
     case may be, 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 and the 
     Register of Copyrights concerning the substance of any active 
     or pending 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 any determination are 
     subject to judicial review as provided under section 1508(c) 
     and not under chapter 7 of title 5.

     ``Sec. 1504. 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 district court of the United States, any other court, or 
     any other forum, and to seek a jury trial, shall be 
     preserved. The rights, remedies, and limitations under this 
     section may not be waived except in accordance with this 
     chapter.
       ``(b) Statute of Limitations.--
       ``(1) In general.--A proceeding may not be maintained 
     before the Copyright Claims Board unless the proceeding is 
     commenced, in accordance with section 1506(e), before the 
     Copyright Claims Board within 3 years after the claim 
     accrued.
       ``(2) Tolling.--Subject to section 1507(a), a proceeding 
     commenced before the Copyright Claims Board shall toll the 
     time permitted under section 507(b) for the commencement of 
     an action on the same claim in a district court of the United 
     States during the period in which the proceeding is pending.
       ``(c) Permissible Claims, Counterclaims, and Defenses.--The 
     Copyright Claims Board 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 in a 
     copyrighted work provided under section 106 by the legal or 
     beneficial owner of the exclusive right at the time of the 
     infringement for 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 in a copyrighted work provided under section 
     106, consistent with section 2201 of title 28.
       ``(3) A claim under section 512(f) for misrepresentation in 
     connection with a notification of claimed infringement or a 
     counter notification seeking to replace removed or disabled 
     material, except that any remedies relating to such a claim 
     in a proceeding before the Copyright Claims Board shall be 
     limited to those available under this chapter.
       ``(4) A counterclaim that is asserted solely against the 
     claimant in a proceeding--
       ``(A) pursuant to which the counterclaimant seeks damages, 
     if any, within the limitations set forth in subsection 
     (e)(1); and
       ``(B) that--
       ``(i) arises under section 106 or section 512(f) 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
       ``(ii) arises under an agreement pertaining to the same 
     transaction or occurrence that is the subject of a claim of 
     infringement

[[Page H8347]]

     brought under paragraph (1), if the agreement could affect 
     the relief awarded to the claimant.
       ``(5) A legal or equitable defense under 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, but only if 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 the recovery of such claim 
     or claims for damages that exceed the limitations under 
     subsection (e)(1).
       ``(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 
     pending before a court of competent jurisdiction, unless that 
     court has granted a stay to permit that claim or counterclaim 
     to proceed before the Copyright Claims Board.
       ``(3) A claim or counterclaim by or against a Federal or 
     State governmental entity.
       ``(4) A claim or counterclaim asserted against a person or 
     entity residing outside of the United States, except in a 
     case in which the person or entity initiated the proceeding 
     before the Copyright Claims Board and is subject to 
     counterclaims under this chapter.
       ``(e) Permissible Remedies.--
       ``(1) Monetary recovery.--
       ``(A) Actual damages, profits, and statutory damages for 
     infringement.--With respect to a claim or counterclaim for 
     infringement of copyright, and subject to the limitation on 
     total monetary recovery under subparagraph (D), the Copyright 
     Claims Board may award either of the following:
       ``(i) Actual damages and profits determined in accordance 
     with section 504(b), with that award taking into 
     consideration, in appropriate cases, whether the infringing 
     party has agreed to cease or mitigate the infringing activity 
     under paragraph (2).
       ``(ii) Statutory damages, which shall be determined in 
     accordance with section 504(c), subject to the following 
     conditions:

       ``(I) With respect to works timely registered under section 
     412, so that the works are eligible for an award of statutory 
     damages in accordance with that section, the statutory 
     damages may not exceed $15,000 for each work infringed.
       ``(II) With respect to works not timely registered under 
     section 412, but eligible for an award of statutory damages 
     under this section, statutory damages may not exceed $7,500 
     per work infringed, or a total of $15,000 in any 1 
     proceeding.
       ``(III) The Copyright Claims Board may not make any finding 
     that, or consider whether, the infringement was committed 
     willfully in making an award of statutory damages.
       ``(IV) The Copyright Claims Board may consider, as an 
     additional factor in awarding statutory damages, whether the 
     infringer has agreed to cease or mitigate the infringing 
     activity under paragraph (2).

       ``(B) Election of damages.--With respect to a claim or 
     counterclaim of infringement, at any time before final 
     determination is rendered, and notwithstanding the schedule 
     established by the Copyright Claims Board under section 
     1506(k), the claimant or counterclaimant shall elect--
       ``(i) to recover actual damages and profits or statutory 
     damages under subparagraph (A); or
       ``(ii) not to recover damages.
       ``(C) Damages for other claims.--Damages for claims and 
     counterclaims other than infringement claims, such as those 
     brought under section 512(f), shall be subject to the 
     limitation under subparagraph (D).
       ``(D) Limitation on total monetary recovery.--
     Notwithstanding any other provision of law, a party that 
     pursues any one or more claims or counterclaims in any single 
     proceeding before the Copyright Claims Board may not seek or 
     recover in that 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 1506(y)(2).
       ``(2) Agreement to cease certain activity.--In a 
     determination of the Copyright Claims Board, the Board shall 
     include a requirement to cease conduct if, in the proceeding 
     relating to the determination--
       ``(A) a party agrees--
       ``(i) to cease activity that is found to be infringing, 
     including removing or disabling access to, or destroying, 
     infringing materials; or
       ``(ii) to cease sending a takedown notice or counter notice 
     under section 512 to the other party regarding the conduct at 
     issue before the Board if that notice or counter notice was 
     found to be a knowing material misrepresentation under 
     section 512(f); and
       ``(B) the agreement described in subparagraph (A) is 
     reflected in the record for the proceeding.
       ``(3) Attorneys' fees and costs.--Notwithstanding any other 
     provision of law, except in the case of bad faith conduct as 
     provided in section 1506(y)(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.
       ``(g) Permissible Number of Cases.--The Register of 
     Copyrights may establish regulations relating to the 
     permitted number of proceedings each year by the same 
     claimant under this chapter, in the interests of justice and 
     the administration of the Copyright Claims Board. 

     ``Sec. 1505. Registration requirement

       ``(a) Application or Certificate.--A claim or counterclaim 
     alleging infringement of an exclusive right in a copyrighted 
     work may not be asserted before the Copyright Claims Board 
     unless--
       ``(1) the legal or beneficial owner of the copyright has 
     first delivered a completed application, a deposit, and the 
     required fee for registration of the copyright to the 
     Copyright Office; and
       ``(2) a registration certificate has either 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 statutory 
     damages under this chapter for infringement of a work if the 
     requirements of subsection (a) have been met, except that--
       ``(1) the Copyright Claims Board may not render a 
     determination in the proceeding until--
       ``(A) a registration certificate with respect to the work 
     has been issued by the Copyright Office, submitted to the 
     Copyright Claims Board, and made available to the other 
     parties to the proceeding; and
       ``(B) the other parties to the proceeding have been 
     provided an opportunity to address the registration 
     certificate;
       ``(2) if the proceeding may not proceed further because a 
     registration certificate for the work is pending, the 
     proceeding shall be held in abeyance pending submission of 
     the certificate to the Copyright Claims Board, except that, 
     if the proceeding is held in abeyance for more than 1 year, 
     the Copyright Claims Board may, upon providing written notice 
     to the parties to the proceeding, and 30 days to the parties 
     to respond to the notice, dismiss the proceeding without 
     prejudice; and
       ``(3) if the Copyright Claims Board receives notice that 
     registration with respect to the work has been refused, the 
     proceeding shall be dismissed without prejudice.
       ``(c) Presumption.--In a case in which a registration 
     certificate shows that registration with respect to a work 
     was issued not later than 5 years after the date of the first 
     publication of the work, the presumption under section 410(c) 
     shall apply in a proceeding before the Copyright Claims 
     Board, in addition to relevant principles of law under this 
     title.
       ``(d) Regulations.--In order to ensure that actions before 
     the Copyright Claims Board proceed in a timely manner, the 
     Register of Copyrights shall establish regulations allowing 
     the Copyright Office to make a decision, on an expedited 
     basis, to issue or deny copyright registration for an 
     unregistered work that is at issue before the Board.

     ``Sec. 1506. Conduct of proceedings

       ``(a) In General.--
       ``(1) Applicable law.--Proceedings of the Copyright Claims 
     Board shall be conducted in accordance with this chapter and 
     regulations established by the Register of Copyrights under 
     this chapter, in addition to relevant principles of law under 
     this title.
       ``(2) Conflicting precedent.--If it appears that 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 in 
     which the action could have been brought if filed in a 
     district court of the United States, or, if the action could 
     have been brought in more than 1 such 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 the Board.
       ``(c) Centralized Process.--Proceedings before the 
     Copyright Claims Board shall--
       ``(1) be conducted at the offices of the Copyright Claims 
     Board without the requirement of in-person appearances by 
     parties or others; and
       ``(2) take place by means of written submissions, hearings, 
     and conferences carried out through internet-based 
     applications and other telecommunications facilities, except 
     that, in cases in which 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 may make alternative 
     arrangements for the submission of such evidence that do not 
     prejudice any other party to the proceeding.
       ``(d) Representation.--A party to a proceeding before the 
     Copyright Claims Board may be, but is not required to be, 
     represented by--
       ``(1) an attorney; or
       ``(2) a law student who is qualified under applicable law 
     governing representation by law students of parties in legal 
     proceedings and who provides such representation on a pro 
     bono basis.
       ``(e) Commencement of Proceeding.--In order to commence a 
     proceeding under this

[[Page H8348]]

     chapter, 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 under subsection (y)(1); and
       ``(3) is accompanied by a filing fee in such amount as may 
     be prescribed in regulations established by the Register of 
     Copyrights.
       ``(f) Review of Claims and Counterclaims.--
       ``(1) Claims.--Upon the filing of a claim under subsection 
     (e), the claim shall be reviewed by a Copyright Claims 
     Attorney to ensure that the claim complies with this chapter 
     and applicable regulations, subject to the following:
       ``(A) If the claim is found to comply, the claimant shall 
     be notified regarding that compliance and instructed to 
     proceed with service of the claim under subsection (g).
       ``(B) If the claim is found not to comply, the claimant 
     shall be notified that the claim is deficient and be 
     permitted to file an amended claim not later than 30 days 
     after the date on which the claimant receives the notice, 
     without the requirement of an additional filing fee. If the 
     claimant files a compliant claim within that 30-day period, 
     the claimant shall be so notified and be instructed to 
     proceed with service of the claim. If the claim is refiled 
     within that 30-day period and still fails to comply, the 
     claimant shall again be notified that the claim is deficient 
     and shall be provided a second opportunity to amend the claim 
     within 30 days after the date of that second notice, without 
     the requirement of an additional filing fee. If the claim is 
     refiled again within that second 30-day period and is 
     compliant, the claimant shall be so notified and shall be 
     instructed to proceed with service of the claim, but if the 
     claim still fails to comply, upon confirmation of such 
     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 period.
       ``(C)(i) Subject to clause (ii), for purposes of this 
     paragraph, a claim against an online service provider for 
     infringement by reason of the storage of or referral or 
     linking to infringing material that may be subject to the 
     limitations on liability set forth in subsection (b), (c), or 
     (d) of section 512 shall be considered noncompliant unless 
     the claimant affirms in the statement required under 
     subsection (e)(1) of this section that the claimant has 
     previously notified the service provider of the claimed 
     infringement in accordance with subsection (b)(2)(E), (c)(3), 
     or (d)(3) of section 512, as applicable, and the service 
     provider failed to remove or disable access to the material 
     expeditiously upon the provision of such notice.
       ``(ii) If a claim is found to be noncompliant under clause 
     (i), the Copyright Claims Board shall provide the claimant 
     with information concerning the service of such a notice 
     under the applicable provision of section 512.
       ``(2) Counterclaims.--Upon the filing and service of a 
     counterclaim, the counterclaim shall be reviewed by a 
     Copyright Claims Attorney to ensure that the counterclaim 
     complies with the provisions of this chapter and applicable 
     regulations. If the counterclaim is found not to comply, the 
     counterclaimant and the other parties to the proceeding shall 
     be notified that the counterclaim is deficient, and the 
     counterclaimant shall be permitted to file and serve an 
     amended counterclaim within 30 days after the date of such 
     notice. If the counterclaimant files and serves a compliant 
     counterclaim within that 30-day period, the counterclaimant 
     and such other parties shall be so notified. If the 
     counterclaim is refiled and served within that 30-day period 
     but still fails to comply, the counterclaimant and such other 
     parties shall again be notified that the counterclaim is 
     deficient, and the counterclaimant shall be provided a second 
     opportunity to amend the counterclaim within 30 days after 
     the date of the second notice. If the counterclaim is refiled 
     and served again within that second 30-day period and is 
     compliant, the counterclaimant and such other parties shall 
     be so notified, but if the counterclaim still fails to 
     comply, upon confirmation of such noncompliance by a 
     Copyright Claims Officer, the counterclaim, but not the 
     proceeding, shall be dismissed without prejudice.
       ``(3) Dismissal for unsuitability.--The Copyright Claims 
     Board shall dismiss a claim or counterclaim without prejudice 
     if, upon reviewing the claim or counterclaim, or at any other 
     time in the proceeding, the Copyright Claims Board concludes 
     that the claim or counterclaim is unsuitable for 
     determination by the Copyright Claims Board, including on 
     account of any of the following:
       ``(A) The failure to join a necessary party.
       ``(B) The lack of an essential witness, evidence, or expert 
     testimony.
       ``(C) The determination of a relevant issue of law or fact 
     that could exceed either the number of proceedings the 
     Copyright Claims Board could reasonably administer or the 
     subject matter competence of the Copyright Claims Board.
       ``(g) Service of Notice and Claims.--In order to proceed 
     with a claim against a respondent, a claimant shall, within 
     90 days after receiving notification under subsection (f) to 
     proceed with service, file with the Copyright Claims Board 
     proof of service on the respondent. In order to effectuate 
     service on a respondent, the claimant shall 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:
       ``(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 right of the 
     respondent to opt out, and the consequences of opting out and 
     not opting out, including a prominent statement that, by not 
     opting out within 60 days after receiving the notice, the 
     respondent--
       ``(A) loses the opportunity to have the dispute decided by 
     a court created under article III of the Constitution of the 
     United States; and
       ``(B) waives the right to a jury trial regarding the 
     dispute.
       ``(2) The copy of the claim served on the respondent shall 
     be the same as the claim that 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 older than 18 years of age.
       ``(4) An individual, other than a minor or incompetent 
     individual, may be served by--
       ``(A) complying with State law for serving a summons in an 
     action brought in courts of general jurisdiction in the State 
     where service is made;
       ``(B) delivering a copy of the notice and claim to the 
     individual personally;
       ``(C) leaving a copy of the notice and claim at the 
     individual's dwelling or usual place of abode with someone of 
     suitable age and discretion who resides there; or
       ``(D) delivering a copy of the notice and claim to an agent 
     designated by the respondent to receive service of process 
     or, if not so designated, an agent authorized by appointment 
     or by law to receive service of process.
       ``(5)(A) A corporation, partnership, or unincorporated 
     association that is subject to suit in courts of general 
     jurisdiction under a common name shall be served by 
     delivering a copy of the notice and claim to its service 
     agent. If such service agent has not been designated, service 
     shall be accomplished--
       ``(i) by complying with State law for serving a summons in 
     an action brought in courts of general jurisdiction in the 
     State where service is made; or
       ``(ii) by 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 in the State where service is made and, if the 
     agent is one authorized by statute and the statute so 
     requires, by also mailing a copy of the notice and claim to 
     the respondent.
       ``(B) A corporation, partnership or unincorporated 
     association that is subject to suit in courts of general 
     jurisdiction under a common name may elect to designate a 
     service agent to receive notice of a claim against it before 
     the Copyright Claims Board by complying with requirements 
     that the Register of Copyrights shall establish by 
     regulation. The Register of Copyrights shall maintain a 
     current directory of service agents that is available to the 
     public for inspection, including through the internet, and 
     may require such corporations, partnerships, and 
     unincorporated associations designating such service agents 
     to pay a fee to cover the costs of maintaining the directory.
       ``(6) In order to request a waiver of personal service, the 
     claimant may notify a respondent, by first class mail or by 
     other reasonable means, that a proceeding has been commenced, 
     such notice to be made in accordance with regulations 
     established by the Register of Copyrights, subject to the 
     following:
       ``(A) Any such request shall be in writing, shall be 
     addressed to the respondent, and shall be accompanied by a 
     prescribed notice of the proceeding, a copy of the claim as 
     filed with the Copyright Claims Board, a prescribed form for 
     waiver of personal service, and a prepaid or other means of 
     returning the form without cost.
       ``(B) The request shall state the date on which the request 
     is sent, and shall provide the respondent a period of 30 
     days, beginning on the date on which the request is sent, to 
     return the waiver form signed by the respondent. The signed 
     waiver form shall, for purposes of this subsection, 
     constitute acceptance and proof of service as of the date on 
     which the waiver is signed.
       ``(7)(A) A respondent's waiver of personal service shall 
     not constitute a waiver of the respondent's right to opt out 
     of the proceeding.
       ``(B) A respondent who timely waives personal service under 
     paragraph (6) and does not opt out of the proceeding shall be 
     permitted a period of 30 days, in addition to the period 
     otherwise 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 complying with 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.

[[Page H8349]]

       ``(h) Notification by Copyright Claims Board.--The Register 
     of Copyrights shall establish regulations providing for a 
     written notification to be sent by, or on behalf of, the 
     Copyright Claims Board to notify the respondent of a pending 
     proceeding against the respondent, as set forth in those 
     regulations, which shall--
       ``(1) include information concerning the respondent's right 
     to opt out of the proceeding, the consequences of opting out 
     and not opting out, and a prominent statement that, by not 
     opting out within 60 days after the date of service under 
     subsection (g), the respondent loses the opportunity to have 
     the dispute decided by a court created under article III of 
     the Constitution of the United States and waives the right to 
     a jury trial regarding the dispute; and
       ``(2) be in addition to, and separate and apart from, the 
     notice requirements under subsection (g).
       ``(i) Opt-Out Procedure.--Upon being properly served with a 
     notice and claim, a respondent who chooses to opt out of the 
     proceeding shall have a period of 60 days, beginning on 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 that 60-day period, the proceeding shall 
     be deemed an active proceeding and the respondent shall be 
     bound by the determination in the proceeding to the extent 
     provided under section 1507(a). If the respondent opts out of 
     the proceeding during that 60-day period, the proceeding 
     shall be dismissed without prejudice, except that, in 
     exceptional circumstances and upon written notice to the 
     claimant, the Copyright Claims Board may extend that 60-day 
     period in the interests of justice.
       ``(j) Service of Other Documents.--Documents submitted or 
     relied upon in a proceeding, other than the notice and claim, 
     shall be served in accordance with regulations established by 
     the Register of Copyrights.
       ``(k) Scheduling.--Upon confirmation that a proceeding has 
     become an active proceeding, the Copyright Claims Board shall 
     issue a schedule for the future conduct of the proceeding. 
     The schedule shall not specify a time that a claimant or 
     counterclaimant is required make an election of damages that 
     is inconsistent with section 1504(e). A schedule issued by 
     the Copyright Claims Board may be amended by the Copyright 
     Claims Board in the interests of justice.
       ``(l) Conferences.--One or more Copyright Claims Officers 
     may hold a conference to address case management or discovery 
     issues in a proceeding, which shall be noted upon the record 
     of the proceeding and may be recorded or transcribed.
       ``(m) Party Submissions.--A proceeding of the Copyright 
     Claims Board may not include any formal motion practice, 
     except that, subject to applicable regulations and procedures 
     of the Copyright Claims Board--
       ``(1) the parties to the proceeding may 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.
       ``(n) Discovery.--Discovery in a proceeding shall be 
     limited to the production of relevant information and 
     documents, written interrogatories, and written requests for 
     admission, as provided in regulations established by the 
     Register of Copyrights, except that--
       ``(1) upon the request of a party, and for good cause 
     shown, the Copyright Claims Board may approve additional 
     relevant discovery, on a limited basis, in particular 
     matters, and may request specific information and documents 
     from participants in the proceeding and voluntary submissions 
     from nonparticipants, consistent with the interests of 
     justice;
       ``(2) upon the 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 to timely provide discovery 
     materials in response to a proper request for materials that 
     could be relevant to such facts.
       ``(o) Evidence.--The Copyright Claims Board may consider 
     the following types of evidence in a proceeding, and such 
     evidence 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 the 
     proceeding.
       ``(2) Testimonial evidence, submitted under penalty of 
     perjury in written form or in accordance with subsection (p), 
     limited to statements of the parties and nonexpert witnesses, 
     that is relevant to the claims, counterclaims, and defenses 
     in a proceeding, except that, in exceptional cases, expert 
     witness testimony or other types of testimony may be 
     permitted by the Copyright Claims Board for good cause shown.
       ``(p) 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, subject to the following:
       ``(1) Any such hearing shall be attended by not fewer than 
     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.
       ``(3) A recording or transcript of the hearing shall be 
     made available to any Copyright Claims Officer who is not in 
     attendance.
       ``(q) Voluntary Dismissal.--
       ``(1) By claimant.--Upon the written request of a claimant 
     that is received before a respondent files a response to the 
     claim in a proceeding, the Copyright Claims Board shall 
     dismiss the proceeding, or a claim or respondent, as 
     requested, without prejudice.
       ``(2) By counterclaimant.--Upon written request of a 
     counterclaimant that is received before a claimant files a 
     response to the counterclaim, the Copyright Claims Board 
     shall dismiss the counterclaim, such dismissal to be without 
     prejudice.
       ``(3) Class actions.--Any party in an active proceeding 
     before the Copyright Claims Board who receives notice of a 
     pending or putative class action, arising out of the same 
     transaction or occurrence, in which that party is a class 
     member may request in writing dismissal of the proceeding 
     before the Board. Upon notice to all claimants and 
     counterclaimants, the Copyright Claims Board shall dismiss 
     the proceeding without prejudice.
       ``(r) Settlement.--
       ``(1) In general.--At any time in an active proceeding, 
     some or all of the parties may--
       ``(A) jointly request a conference with a Copyright Claims 
     Officer for the purpose of facilitating settlement 
     discussions; or
       ``(B) 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.
       ``(2) Additional request.--A submission under paragraph 
     (1)(B) may include a request that the Copyright Claims Board 
     adopt some or all of the terms of the parties' settlement in 
     a final determination in the proceeding.
       ``(s) Factual Findings.--Subject to subsection (n)(3), the 
     Copyright Claims Board shall make factual findings based upon 
     a preponderance of the evidence.
       ``(t) 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 determination;
       ``(C) set forth any terms by which a respondent or 
     counterclaim respondent has agreed to cease infringing 
     activity under section 1504(e)(2);
       ``(D) to the extent requested under subsection (r)(2), set 
     forth the terms of any settlement agreed to under subsection 
     (r)(1); and
       ``(E) include a clear statement of all damages and other 
     relief awarded, including under subparagraphs (C) and (D).
       ``(2) Dissent.--A Copyright Claims Officer who dissents 
     from a decision contained in a determination under paragraph 
     (1) may append a statement setting forth the grounds for that 
     dissent.
       ``(3) Publication.--Each final determination of the 
     Copyright Claims Board shall be made available on a publicly 
     accessible website. The Register shall establish regulations 
     with respect to the publication of other records and 
     information relating to such determinations, including the 
     redaction of records to protect confidential information that 
     is the subject of a protective order under subsection (n)(2).
       ``(4) Freedom of information act.--All information relating 
     to proceedings of the Copyright Claims Board under this title 
     is exempt from disclosure to the public under section 
     552(b)(3) of title 5, except for determinations, records, and 
     information published under paragraph (3).
       ``(u) Respondent's Default.--If 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 the respondent's failure, without justifiable 
     cause, to meet one or more deadlines or requirements set 
     forth in the schedule adopted by the Copyright Claims Board 
     under subsection (k), the Copyright Claims Board may enter a 
     default determination, including the dismissal of any 
     counterclaim asserted by the respondent, as follows and in 
     accordance with such other requirements as the Register of 
     Copyrights may establish by regulation:
       ``(1) The Copyright Claims Board shall require the claimant 
     to submit relevant evidence and other information in support 
     of the claimant's 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 Copyright Claims Board makes an affirmative 
     determination under paragraph (1), the Copyright Claims Board 
     shall prepare a proposed default determination,

[[Page H8350]]

     and shall provide written notice to the respondent at all 
     addresses, including email addresses, reflected in the 
     records of the proceeding before the Copyright Claims Board, 
     of the pendency of a default determination by the Copyright 
     Claims Board and of the legal significance of such 
     determination. Such notice shall be accompanied by the 
     proposed default determination and shall provide that the 
     respondent has a period of 30 days, beginning on 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 provided in such 
     paragraph, 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 
     1508(c), except that, before any additional proceedings are 
     initiated under section 1508, the Copyright Claims Board may, 
     in the interests of justice, vacate the default 
     determination.
       ``(v) 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 
     required under subsection (g), the Copyright Claims Board 
     shall dismiss that respondent from the proceeding without 
     prejudice. If a claimant fails to complete service on all 
     respondents within that 90-day period, the Copyright Claims 
     Board shall dismiss the proceeding without prejudice.
       ``(2) Failure to prosecute.--If a claimant fails to proceed 
     in an active proceeding, as demonstrated by the claimant's 
     failure, without justifiable cause, to meet one or more 
     deadlines or requirements set forth in the schedule adopted 
     by the Copyright Claims Board under subsection (k), the 
     Copyright Claims Board may, upon providing written notice to 
     the claimant and a period of 30 days, beginning on the date 
     of the notice, to respond to the notice, and after 
     considering any such response, issue a determination 
     dismissing the claimants' claims, which shall include an 
     award of attorneys' fees and costs, if appropriate, under 
     subsection (y)(2). Thereafter, the claimant may only 
     challenge such determination to the extent permitted under 
     section 1508(c), except that, before any additional 
     proceedings are initiated under section 1508, the Copyright 
     Claims Board may, in the interests of justice, vacate the 
     determination of dismissal.
       ``(w) Request for Reconsideration.--A party may, within 30 
     days after the date on which the Copyright Claims Board 
     issues a final determination in a proceeding under this 
     chapter, 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 either deny the request or issue an amended final 
     determination.
       ``(x) Review by Register.--If the Copyright Claims Board 
     denies a party a request for reconsideration of a final 
     determination under subsection (w), that party may, within 30 
     days after the date of such denial, request review of the 
     final determination by the Register of Copyrights in 
     accordance with regulations established by the Register. Such 
     request shall be accompanied by a reasonable filing fee, as 
     provided in such regulations. The review by the Register 
     shall be limited to consideration of whether the Copyright 
     Claims Board abused its discretion in denying reconsideration 
     of the determination. After providing the other parties an 
     opportunity to address the request, the Register shall either 
     deny the request for review, or remand the proceeding to the 
     Copyright Claims Board for reconsideration of issues 
     specified in the remand and for issuance of an amended final 
     determination. Such amended final determination shall not be 
     subject to further consideration or review, other than under 
     section 1508(c).
       ``(y) Conduct of Parties and Attorneys.--
       ``(1) Certification.--The Register of Copyrights shall 
     establish regulations requiring 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 it is established that a party pursued a 
     claim, counterclaim, or defense for a harassing or other 
     improper purpose, or without a reasonable basis in law or 
     fact, then, unless inconsistent with the interests of 
     justice, the Copyright Claims Board shall in such 
     determination award reasonable costs and attorneys' fees to 
     any adversely affected party of in an amount of not more than 
     $5,000, except that--
       ``(A) if an adversely affected party appeared pro se in the 
     proceeding, the award to that party shall be for costs only, 
     in an amount of not more than $2,500; and
       ``(B) in extraordinary circumstances, such as where a party 
     has demonstrated a pattern or practice of bad faith conduct 
     as described in this paragraph, the Copyright Claims Board 
     may, in the interests of justice, award costs and attorneys' 
     fees in excess of the limitations under this paragraph.
       ``(3) Additional penalty.--If the Board finds that on more 
     than one occasion within a 12-month period a party pursued a 
     claim, counterclaim, or defense before the Copyright Claims 
     Board for a harassing or other improper purpose, or without a 
     reasonable basis in law or fact, that party shall be barred 
     from initiating a claim before the Copyright Claims Board 
     under this chapter for a period of 12 months beginning on the 
     date on which the Board makes such a finding. Any proceeding 
     commenced by that party that is still pending before the 
     Board when such a finding is made shall be dismissed without 
     prejudice, except that if a proceeding has been deemed active 
     under subsection (i), the proceeding shall be dismissed under 
     this paragraph only if the respondent provides written 
     consent thereto.
       ``(z) Regulations for Smaller Claims.--The Register of 
     Copyrights shall establish regulations to provide for the 
     consideration and determination, by at least one Copyright 
     Claims Officer, of any claim under this chapter in which 
     total damages sought do not exceed $5,000 (exclusive of 
     attorneys' fees and costs) that are otherwise consistent with 
     this chapter. A determination issued under this subsection 
     shall have the same effect as a determination issued by the 
     entire Copyright Claims Board.

     ``Sec. 1507. Effect of proceeding

       ``(a) Determination.--Subject to the reconsideration and 
     review processes provided under subsections (w) and (x) of 
     section 1506 and section 1508(c), the issuance of a final 
     determination by the Copyright Claims Board in a proceeding, 
     including a default determination or determination based on a 
     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 the Board, and may be relied upon for such 
     purpose in a future action or proceeding arising from the 
     same specific activity or activities, subject to the 
     following:
       ``(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 or not finally determined by the Copyright Claims 
     Board.
       ``(2) A determination of ownership of a copyrighted work 
     for purposes of resolving a matter before the Copyright 
     Claims Board may not be relied upon, and shall not have any 
     preclusive effect, in any other action or proceeding before 
     any court or tribunal, including the Copyright Claims Board.
       ``(3) Except to the extent permitted under this subsection 
     and section 1508, any determination of the Copyright Claims 
     Board may not 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) Class Actions Not Affected.--
       ``(1) In general.--A proceeding before the Copyright Claims 
     Board shall not have any effect on a class action proceeding 
     in a district court of the United States, and section 1509(a) 
     shall not apply to a class action proceeding in a district 
     court of the United States.
       ``(2) Notice of class action.--Any party to an active 
     proceeding before the Copyright Claims Board who receives 
     notice of a pending class action, arising out of the same 
     transaction or occurrence as the proceeding before the 
     Copyright Claims Board, in which the party is a class member 
     shall either--
       ``(A) opt out of the class action, in accordance with 
     regulations established by the Register of Copyrights; or
       ``(B) seek dismissal under section 1506(q)(3) of the 
     proceeding before the Copyright Claims Board.
       ``(c) Other Materials in Proceeding.--Except as permitted 
     under this section and section 1508, 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, may 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.
       ``(d) Applicability of Section 512(g).--A claim or 
     counterclaim before the Copyright Claims Board that is 
     brought under subsection (c)(1) or (c)(4) of section 1504, or 
     brought under subsection (c)(6) of section 1504 and that 
     relates to a claim under subsection (c)(1) or (c)(4) of such 
     section, qualifies as an action seeking an order to restrain 
     a subscriber from engaging in infringing activity under 
     section 512(g)(2)(C) if--
       ``(1) notice of the commencement of the Copyright Claims 
     Board proceeding is provided by the claimant to the service 
     provider's designated agent before the service provider 
     replaces the material following receipt of a counter 
     notification under section 512(g); and
       ``(2) the claim brought alleges infringement of the 
     material identified in the notification of claimed 
     infringement under section 512(c)(1)(C).

[[Page H8351]]

       ``(e) Failure To Assert Counterclaim.--The failure or 
     inability to assert a counterclaim in a proceeding before the 
     Copyright Claims Board shall not preclude the assertion of 
     that counterclaim in a subsequent court action or proceeding 
     before the Copyright Claims Board.
       ``(f) Opt-Out or Dismissal of Party.--If a party has timely 
     opted out of a proceeding under section 1506(i) or is 
     dismissed from a proceeding before the Copyright Claims Board 
     issues a final determination in the proceeding, the 
     determination shall not be binding upon and shall have no 
     preclusive effect with respect to that party.

     ``Sec. 1508. Review and confirmation by district court

       ``(a) In General.--In any proceeding in which a party has 
     failed to pay damages, or has failed otherwise to comply with 
     the relief, awarded in a final determination of the Copyright 
     Claims Board, including a default determination or a 
     determination based on a failure to prosecute, the aggrieved 
     party may, not later than 1 year after the date on which the 
     final determination is issued, any reconsideration by the 
     Copyright Claims Board or review by the Register of 
     Copyrights is resolved, or an amended final determination is 
     issued, whichever occurs last, apply to the United States 
     District Court for the District of Columbia or any other 
     appropriate district court of the United States for an order 
     confirming the relief awarded in the final determination 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 under 
     subsection (c). If the United States District Court for the 
     District of Columbia or other district court of the United 
     States, as the case may be, issues an order confirming the 
     relief awarded by the Copyright Claims Board, the court shall 
     impose on the party who failed to pay damages or otherwise 
     comply with the relief, the reasonable expenses required to 
     secure such order, including attorneys' fees, that were 
     incurred by the aggrieved party.
       ``(b) Filing Procedures.--
       ``(1) Application to confirm determination.--Notice of the 
     application under subsection (a) 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 that resulted in the 
     determination, in accordance with the procedures applicable 
     to service of a motion in the district court of the United 
     States where the application is made.
       ``(2) Contents of application.--The application shall 
     include the following:
       ``(A) 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.
       ``(B) A declaration by the applicant, under penalty of 
     perjury--
       ``(i) that the copy is a true and correct copy of such 
     determination;
       ``(ii) stating the date it was issued;
       ``(iii) stating the basis for the challenge under 
     subsection (c)(1); and
       ``(iv) stating whether the applicant is aware of any other 
     proceedings before the court concerning the same 
     determination of the Copyright Claims Board.
       ``(c) Challenges to the Determination.--
       ``(1) Bases for challenge.--Not later than 90 days after 
     the date on which Copyright Claims Board issues a final or 
     amended final determination in a proceeding, or not later 
     than 90 days after the date on which the Register of 
     Copyrights completes any process of reconsideration or review 
     of the determination, whichever occurs later, a party may 
     seek a court order vacating, modifying, or correcting the 
     determination of the Copyright Claims Board in the following 
     cases:
       ``(A) If the determination was issued as a result of fraud, 
     corruption, misrepresentation, or other misconduct.
       ``(B) If the Copyright Claims Board exceeded its authority 
     or failed to render a final determination concerning the 
     subject matter at issue.
       ``(C) In the case of a default determination or 
     determination based on a failure to prosecute, if it is 
     established that the default or failure was due to excusable 
     neglect.
       ``(2) Procedure to challenge.--
       ``(A) Notice of application.--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 the court where the 
     application is made.
       ``(B) Staying of proceedings.--For purposes of an 
     application under this subsection, any judge who is 
     authorized to issue an order to stay the proceedings in an 
     any other action brought in the same court may issue an 
     order, to be served with the notice of application, staying 
     proceedings to enforce the award while the challenge is 
     pending.

     ``Sec. 1509. Relationship to other district court actions

       ``(a) Stay of District Court Proceedings.--Subject to 
     section 1507(b), a district court of the United States shall 
     issue a stay of proceedings or such other relief as the court 
     determines appropriate with respect to any claim brought 
     before the court that is already the subject of a pending or 
     active proceeding before the Copyright Claims Board.
       ``(b) Alternative Dispute Resolution Process.--A proceeding 
     before the Copyright Claims Board under this chapter shall 
     qualify as an alternative dispute resolution process under 
     section 651 of title 28 for purposes of referral of eligible 
     cases by district courts of the United States upon the 
     consent of the parties.

     ``Sec. 1510. Implementation by Copyright Office

       ``(a) Regulations.--
       ``(1) Implementation generally.--The Register of Copyrights 
     shall establish regulations to carry out this chapter. Such 
     regulations shall include the fees prescribed under 
     subsections (e) and (x) of section 1506. The authority to 
     issue such fees shall not limit the authority of the Register 
     of Copyrights to establish fees for services under section 
     708. All fees received by the Copyright Office in connection 
     with the activities under this chapter shall be deposited by 
     the Register of Copyrights and credited to the appropriations 
     for necessary expenses of the Office in accordance with 
     section 708(d). In establishing regulations under this 
     subsection, the Register of Copyrights shall provide for the 
     efficient administration of the Copyright Claims Board, and 
     for the ability of the Copyright Claims Board to timely 
     complete proceedings instituted under this chapter, including 
     by implementing mechanisms to prevent harassing or improper 
     use of the Copyright Claims Board by any party.
       ``(2) Limits on monetary relief.--
       ``(A) In general.--Subject to subparagraph (B), not earlier 
     than 3 years after the date on which Copyright Claims Board 
     issues the first determination of the Copyright Claims Board, 
     the Register of Copyrights may, in order to further the goals 
     of the Copyright Claims Board, conduct a rulemaking to adjust 
     the limits on monetary recovery or attorneys' fees and costs 
     that may be awarded under this chapter.
       ``(B) Effective date of adjustment.--Any rule under 
     subparagraph (A) that makes an adjustment shall take effect 
     at the end of the 120-day period beginning on the date on 
     which the Register of Copyrights submits the rule to Congress 
     and only if Congress does not, during that 120-day period, 
     enact a law that provides in substance that Congress does not 
     approve the 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.
       ``(c) Fees.--Any filing fees, including the fee to commence 
     a proceeding under section 1506(e), shall be prescribed in 
     regulations established by the Register of Copyrights. The 
     sum total of such filing fees shall be in an amount of at 
     least $100, may not exceed the cost of filing an action in a 
     district court of the United States, and shall be fixed in 
     amounts that further the goals of the Copyright Claims Board.

     ``Sec. 1511. 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.''.
       (b) Clerical Amendment.--The table of chapters for title 
     17, United States Code, is amended by adding after the item 
     relating to chapter 14 the following:

``15. Copyright Small Claims................................1501''.....

     SEC. 3. IMPLEMENTATION.

       Not later 1 year after the date of enactment of this Act, 
     the Copyright Claims Board established under section 1502 of 
     title 17, United States Code, as added by section 2 of this 
     Act, shall begin operations.

     SEC. 4. STUDY.

       Not later than 3 years after the date on which Copyright 
     Claims Board issues the first determination of the Copyright 
     Claims Board under chapter 15 of title 17, United States 
     Code, as added by section 2 of this Act, the Register of 
     Copyrights shall conduct, and report to Congress on, a study 
     that addresses the following:
       (1) The use and efficacy of the Copyright Claims Board in 
     resolving copyright claims, including the number of 
     proceedings the Copyright Claims Board could reasonably 
     administer.
       (2) Whether adjustments to the authority of the Copyright 
     Claims Board are necessary or advisable, including with 
     respect to--
       (A) eligible claims, such as claims under section 1202 of 
     title 17, United States Code; and
       (B) works and applicable damages limitations.
       (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.
       (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, an amendment made by this 
     Act, or the application of such

[[Page H8352]]

     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this Act and the 
     amendments made by this Act, and the application of the 
     provision or the amendment to any other person or 
     circumstance, shall not be affected.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Jeffries) and the gentleman from Virginia (Mr. Cline) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. JEFFRIES. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. JEFFRIES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today, we will vote on H.R. 2426, the Copyright 
Alternative in Small-Claims Enforcement Act, otherwise known as the 
CASE Act, a bill that will allow creators to protect their copyrighted 
work under law.
  Copyright infringement is not a victimless crime. Photographers, 
illustrators, visual artists, authors, songwriters, and musicians all 
rely upon their protected works to put food on the table, clothing on 
their backs, and support their families. When their copyrighted work is 
used unlawfully or pirated, that is the functional equivalent of a 
burglary.
  But small creators victimized by infringement often find themselves 
in a tough spot. They have a right to enforce their work under 
copyright law but are often unable to do so in a practical sense.
  On the one hand, you have the notice and takedown process that can be 
inefficient, cumbersome, and, as many small creators will tell you, 
often pointless. On the other hand, there is the Article III Federal 
court system that can be expensive, time-consuming, and often out of 
reach for many working-class and middle-class creators.
  For instance, the average cost of litigating an infringement case in 
Federal court is approximately $350,000, but the total amount of 
damages that can be awarded, for instance, in a CASE Act-eligible 
matter cannot exceed $30,000. In that instance, the cost of litigating 
a case could be more than 10 times the damages that are at issue.
  According to a survey by the American Bar Association, which supports 
this legislation, most lawyers will not take infringement cases with 
damages at or lower than $30,000. As a result, many petitioners are 
functionally unable to vindicate their rights under law. In other 
words, these creators are given a right without a remedy.
  The CASE Act will provide a viable alternative. This legislation 
would establish a voluntary forum for small copyright claims housed 
within the Copyright Office. Disputes would be heard by a new entity 
called the Copyright Claims Board made up of intellectual property 
experts with experience representing both creators and the users of 
copyrighted material.
  Unlike Federal court, the cases before the board will have limited 
damages. Parties would not have to appear in person and can proceed, if 
they choose, without an attorney.
  These provisions address the significant burdens that currently 
exist, imposed by Federal court litigation, making this system more 
user-friendly for all, regardless of your side, but inclusive of 
working-class and middle-class members of the creative community.
  Both sides must agree to participate in order for the small claims 
tribunal to have jurisdiction. It is a voluntary system where either 
side can opt out.
  Simply put, the legislation allows for copyright disputes to be 
resolved in a fair, timely, and affordable manner.
  I urge my colleagues to support this bill, and I reserve the balance 
of my time.
  Mr. CLINE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from New York for his leadership 
on this important issue.
  The United States Constitution expressly calls for the protection of 
creative works in order to promote innovation and creativity. Under 
that lofty authority, Congress established the copyright system. As was 
the hope, copyright-intensive industries have become critical to our 
economy, reportedly contributing more than $1 trillion.
  Unfortunately, in the system that we have today, many small 
businesses and individuals are unable to enforce their copyrights 
because they do not have deep enough pockets. It costs tens or hundreds 
of thousands of dollars to hire lawyers to litigate a copyright claim 
in Federal court.
  Sadly, this forces individuals to stand idly by as thieves profit off 
of their work. Our Founding Fathers wouldn't want a copyright system 
that discourages creators. After all, they wanted to create a system 
that fosters the creation of artistic works. That is why so many 
members of the Judiciary Committee helped craft legislation to stop the 
theft of copyrighted works and so many Members of the House have joined 
in support of it.
  H.R. 2426, the CASE Act, would establish a copyright small claims 
proceeding within the Copyright Office to provide a less expensive 
alternative to costly Federal court litigation.
  The proceedings would be simple, conducted remotely, handled by a 
panel of copyright experts, and limited to straightforward cases of 
alleged copyright infringement.
  Damage awards would be low, reaching a maximum of no greater than 
$15,000 per work, with a total award for a case capped at $30,000. 
Participation in such a small claims proceeding would be completely 
voluntary, and anyone falsely accused of infringement could simply opt 
out of the small claims proceeding.
  The CASE Act includes a number of other safeguards to prevent abuse. 
The Copyright Office is authorized to limit the number of cases one 
person can file and will review the allegations for sufficiency before 
forwarding them to the accused infringer.
  If an accuser files in bad faith, he or she would have to pay fees to 
the party falsely accused of infringement and be barred for 1 year.
  Several other provisions of H.R. 2426 would protect against 
inadvertent default judgments. They include requirements that the 
accused infringer be physically served; the complaint warn the accused 
infringer of the ramifications of not responding; and the accused be 
given several notices and chances to respond to the allegations against 
them.
  Most importantly, before a default judgment can be granted, the 
copyright owner must establish that their copyright was actually 
infringed by the accused.
  The bill is intended to provide a streamlined, inexpensive 
alternative for parties to resolve small claims of copyright 
infringement outside of court. H.R. 2426 accomplishes all of these 
goals.
  I am proud to join my colleagues--Congressman Jeffries, Ranking 
Member Collins, Chairman Nadler, Martha Roby, Hank Johnson, Judy Chu, 
Ted Lieu, and Brian Fitzpatrick--to provide an important avenue of 
relief to the creators in our communities who provide such significant 
support to our local economies.
  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
  Mr. JEFFRIES. Mr. Speaker, let me first thank the distinguished 
gentleman from the Commonwealth of Virginia (Mr. Cline) for his 
leadership as it relates to the CASE Act.
  Mr. Speaker, I yield 4 minutes to the gentleman from New York (Mr. 
Nadler), the distinguished chair of the House Judiciary Committee.
  Mr. NADLER. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise in strong support of H.R. 2426, the Copyright 
Alternative in Small-Claims Enforcement Act of 2019, or the CASE Act.
  This important bipartisan legislation would establish a voluntary 
small claims court within the Copyright Office to hear copyright suits 
seeking $30,000 or less in total damages.
  Today, many small creators, especially visual artists, are unable to 
protect their rights because the cost of pursuing an infringement claim 
in Federal court is far greater, as much as 10 times or more than the 
damages they could ever hope to receive. Few attorneys would take a 
case when such limited damages are at stake because they would not 
likely recoup their costs.

[[Page H8353]]

  It is a fundamental principle of the American legal system that a 
right must have a remedy. But if it costs $250,000 to recover a few 
thousand dollars from someone who has infringed your copyright, then 
what remedy do you really have?
  The CASE Act would provide important protections for the many 
independent creators who are currently unable to protect their work in 
Federal court. It would establish a small claims board within the 
Copyright Office to resolve infringement claims seeking $30,000 or less 
in total damages, with claims officers appointed by the Librarian of 
Congress.
  The proceedings are designed to be less expensive and much easier to 
navigate, even without an attorney, than Federal court. And they would 
enable parties to represent themselves or to seek pro bono assistance 
from law students.
  The board would conduct its proceedings entirely by telephone and the 
internet, and no one would need to travel to a hearing or a courthouse.
  The bill caps damages at no more than $15,000 per work infringed, and 
no more than $30,000 total. The board would work with the parties to 
settle their claims.
  Importantly, the proceedings would be voluntary. Plaintiffs can 
decide whether this is the proper forum to file their claim, and 
defendants may opt out of the process if they prefer to have their case 
heard by a Federal judge.

                              {time}  1615

  The sponsor of this legislation, the gentleman from New York (Mr. 
Jeffries), has worked tirelessly to ensure that this legislation 
includes revisions and suggestions from many Members and stakeholders. 
The revisions include various heightened due process protections and 
provisions intended to reduce potential abuse of the system, all of 
which has made a good bill even better.
  For far too long, it has been virtually impossible for small creators 
to vindicate their right to a just measure of damages from infringers. 
Today we have an opportunity to take an important step in helping 
independent photographers, filmmakers, graphic designers, and other 
creators to protect their work.
  I would like to thank Mr. Jeffries and Ranking Member Collins for 
their outstanding leadership on the CASE Act.
  I would also like to thank the Copyright Office, which conducted an 
exhaustive study on the issue and whose recommendations form the basis 
for the bill.
  In addition, I appreciate the support of colleagues on both sides of 
the aisle, including the gentlewoman from California (Ms. Judy Chu), 
who has introduced similar legislation in previous Congresses and who 
has been tireless in her work to protect creators' rights.
  Mr. Speaker, I am proud to be a cosponsor of this important 
legislation, and I urge my colleagues to support the bill.
  Mr. CLINE. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, I thank the gentleman again for his leadership on this 
issue, and I thank the chairman for his remarks.
  Again, this bill is a purely optional system and allows anyone who 
doesn't wish to participate to opt out. The Copyright Office considered 
this feature in its report back in 2013 and highlighted significant 
shortcomings of an opt-in approach, including concerns that such a 
system would fail to capture infringers who choose to ignore a claim of 
infringement and/or fail to return an affirmative written response 
regarding agreement to participate in the system, as is currently the 
case.
  The opt-out system provided in the CASE Act does not change the 
voluntary nature of the small claims process it creates. In fact, it is 
simple, and respondents would be made aware of their right to opt out 
as well as the consequences of opting out and not opting out, which 
would be prominently stated and explained in the notice they receive.
  Again, Mr. Speaker, I would say that this is a bipartisan initiative. 
I would just add several different Members on both sides participated. 
I want to thank all of them for their hard work. I want to thank the 
staff for their hard work, as well.
  This will go a long way toward furthering the protection of creative 
works as our Founders intended in the U.S. Constitution.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JEFFRIES. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, the CASE Act is the product of more than 10 years of 
careful study by this House and the United States Copyright Office.
  As Chairman Nadler indicated, I want to thank the Copyright Office 
for the work that they have done in laying the foundation for the CASE 
Act.
  Once again, I urge my colleagues to support this legislation so that 
creators, authors, musicians, and users finally have a forum for small 
copyright claims where they can meaningfully assert their rights and 
defenses.
  This bill has support through cosponsorship of more than 150 Members 
of this House on both sides of the aisle, and I thank each and every 
one of them.
  The bill is endorsed by dozens of groups, including the American Bar 
Association, AFL-CIO, the NAACP, the Copyright Alliance, the United 
States Chamber of Commerce, the Association of American Publishers, the 
Authors Guild, CreativeFuture, Nashville Songwriters, National Press 
Photographers, the Recording Academy, the Latin American Recording 
Academy, the Songwriters Guild of America, the Institute for 
Intellectual Property and Social Justice, the Songwriters of North 
America, as well as SAG-AFTRA, and many, many more. I would like to 
thank all of them for their advocacy and for their effort.
  Article I, Section 8, Clause 8 of the United States Constitution 
gives Congress the power to create a robust intellectual property 
system in order to, in the words of the Framers of the Constitution, 
``promote the progress of science and useful arts.''
  The Founders recognized that society would benefit if we incentivize 
and protect creativity and innovation. In doing so, the creative 
community will continue to share their creative brilliance with the 
American people and the world and experience some benefit from the 
fruits of their labor.
  Times have changed since the provisions of Article I, Section 8, 
Clause 8 were first written into the Constitution in 1787, but the 
constitutional principle remains the same, and that is what the CASE 
Act is all about.
  I would like to thank the many cosponsors of this legislation, 
including my good friend, Judiciary Committee Ranking Member Doug 
Collins; the Judiciary Committee chair for his tremendous leadership, 
Jerry Nadler; Courts, Intellectual Property, and the Internet 
Subcommittee Chairman Hank Johnson; Courts, Intellectual Property, and 
the Internet Subcommittee Ranking Member Martha Roby; Ted Lieu; Ben 
Cline; Judy Chu; Brian Fitzpatrick; and many, many others.
  On the Senate side, I am grateful for the leadership of Senators John 
Kennedy, Dick Durbin, Thom Tillis, and Mazie Hirono, who are original 
cosponsors of the Senate companion to this legislation, which is making 
its way through that Chamber as well.
  In the last Congress, we came together, Democrats and Republicans, 
progressives and conservatives, the left and the right, to pass the 
historic Music Modernization Act that was signed into law by President 
Donald Trump, illustrating that we can come together. In this instance, 
I am grateful that the same coalition has come back together in support 
of the working-class and middle-class creative community.
  Mr. Speaker, I urge all of my colleagues to support this bill, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Carson of Indiana). The question is on 
the motion offered by the gentleman from New York (Mr. Jeffries) that 
the House suspend the rules and pass the bill, H.R. 2426, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. AMASH. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

[[Page H8354]]

  

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