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Page:United States Statutes at Large Volume 90 Part 2.djvu/1121

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2589

(B) the first publication of the work has previously taken place outside the United States under a transfer or license granted by such author to a transferee or licensee who was not a national or domiciliary of the United States or a domestic corporation or enterprise; and (C) there has been no publication of an authorized edition of the work of which the copies were manufactured in the United States; and (D) the copies were reproduced under a transfer or license granted by such author or by the transferee or licensee of the right of first publication as mentioned in subclause (B), and the transferee or the licensee of the right of reproduction was not a national or domiciliary' of the United States or a domestic corporation or enterprise. (c) The requirement of this section that copies be manufactured in the United States or Canada is satisfied if— (1) in the case where the copies are printed directly from type that has been set, or directly from plates made from such type, the setting of the type and the making of the plates have been performed in the United States or Canada; or (2) in the case where the making of plates by a lithographic or photoengraving process is a final or intermediate step preceding the printing of the copies, the making of the plates has been performed in the United States or Canada; and (3) in any case, the printing or other final process of producing multiple copies and any binding of the copies have been performed in the United States or Canada. (d) Importation or public distribution of copies in violation of this = v •' section does not invalidate protection for a work under this title. However, in any civil action or criminal proceeding for infringement of the exclusive rights to reproduce and distribute copies of the work, the infrinsfer has a complete defense with respect to all of the non, dramatic literary material comprised in the work and any other parts of the work in which the exclusive rights to reproduce and distribute copies are owned by the same person who owns such exclusive rights in the nondramatic literary material, if the infringer proves— (1) that copies of the work have been imported into or publicly distributed in the United States in violation of this section by or with the authority of the owner of such exclusive rights; and (2) that the infringing copies were manufactured in the United States or Canada in accordance with the provisions of subsection (c); and (3) that the infringement was commenced before the effective date of registration for an authorized edition of the work, the copies of which have been manufactured in the United States or Canada in accordance with the provisions of subsection (c). (e) In any action for infringement of the exclusive rights to reproduce and distribute copies of a work containing material required by this section to be manufactured in the United States or Canada, the copyright owner shall set forth in the complaint the names of the persons or organizations who performed the processes specified by subsection (c) with respect to that material, and the places where those processes were performed. § 602. Infringing importation of copies or phonorecords 17 USC 602. (a) Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under

89-194 O—78—pt. 2

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1122

 90 STAT. 2590

Regulations.

17 USC 603. Regulations.

Surety bond.

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PUBLIC LAW 94-553—OCT. 19, 1976 section 106, actionable under section 501. This subsection does not apply to— (1) importation of copies or phonorecords under the authority or for the use of the Government of the United States or of any State or political subdivision of a State, but not including copies or phonorecords for use in schools, or copies of any audiovisual work imported for purposes other than archival use; (2) importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States with respect to copies or phonorecords forming part of such person's personal baggage; or (3) importation by or for an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to no more than one copy of an audiovisual work solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes, unless the importation of such copies or phonorecords is part of an activity consisting of systematic reproduction or distribution, engaged in by such organization in violation of the provisions of section 108(g)(2). (b) In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited. In a case where the copies or phonorecords were lawfully made, the United States Customs Service has no authority to prevent their importation unless the provisions of section 601 are applicable. In either case, the Secretary of the Treasury is authorized to prescribe, by regulation, a procedure under which any person claiming an interest in the copyright in a particular work may, upon payment of a specified fee, be entitled to notification by the Customs Service of the importation of articles that appear to be copies or phonorecords of the work. § 603. Importation prohibitions: Enforcement and disposition of excluded articles (a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation. (b) These regulations may require, as a condition for the exclusion of articles under section 6 0 2 ^ (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or (2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation would violate the prohibition in section 602; the person seeking exclusion may also be required to post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. (c) Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be; however, the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 90 Part 2.djvu/1123

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2591

Chapter 7.~C0PYRIGHT OFFICE Sec. 701. 702. 703. 704. 705. 706. 707. 708. 709. 710.

The Copyright OfBce: General responsibilities and organization. Copyright OflSce regulations. Effective date of actions in Copyright Office. Retention and disposition of articles deposited in Copyright Office. Copyright Office records: Preparation, maintenance, public inspection, and searching. Copies of Copyright Office records. Copyright Office forms and publications. Copyright Office fees. Delay in delivery caused by disruption of postal or other services. Reproductions for use of the blind and physically handicapped: Voluntary licensing forms and procedures.

§701. The Copyright Office: General responsibilities and organization (a) All administrative functions and duties under this title, except as otherwise specified, are the responsibility of the Register of Copyrights as director of the Copyright Office of the Library of Congress. The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under the Librarian's general direction and supervision. (b) The Register of Copyrights shall adopt a seal to be used on and after January 1, 1978, to authenticate all certified documents issued by the Copyright Office. (c) The Register of Copyrights shall make an annual report to the Librarian of Congress of the work and accomplishments of the Copyright Office during the previous fiscal year. The annual report o,f the Register of Copyrights shall be published separately and as a part of the annual report of the Librarian of Congress. (d) Except as provided by section 706(b) and the regulations issued thereunder, all actions taken by the Register of Copyrights under this title are subject to the provisions of the Administrative Procedure Act of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United States Code, Chapter 5, Subchapter II and Chapter 7). § 702. Copyright Office regulations The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions and duties made the responsibility of the Register under this title. All regulations established by the Register under this title are subject to the approval of the Librarian of Congress. § 703. Effective date of actions in Copyright Office In any case in which time limits are prescribed under this title for the performance of an action in the Copyright Office, and in which the last day of the prescribed period falls on a Saturday, Sunday, holiday, or other nonbusiness day within the District o,f Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as oi the date when the period expired. § 704. Retention and disposition of articles deposited in Copyright Office (a) Upon their deposit in the Copyright Office under sections 407 and 408, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government. (b) In the case of published works, all copies, phonorecords, and identifvin^ material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library. In the case of unpublished works, the Library is entitled,

17 USC 701.

Seal.

Report to Librarian of Congress.

5 USC 551, 701. 17 USC 702.

17 USC 703.

17 USC 704.

Regulations.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1124

 90 STAT. 2592

17 USC 705.

Report.

17 USC 706.

17 USC 707.

PUBLIC LAW 94-553—OCT. 19, 1976 under regulations that the Eegister of Copyrights shall prescribe, to select any deposits for its collections or for transfer to the National Archives of the United States or to a Federal records center, as defined in section 2901 of title 44. (c) The Register of Copyrights is authorized, for specific or general categories of works, to make a facsimile reproduction of all or any part of the material deposited under section 408, and to make such reproduction a part of the Copyright Office records of the registration, before transferring such material to the Library of Congress as provided by subsection (b), or before destroying or otherwise disposing of such material as provided by subsection (d). (d) Deposits not selected by the Library under subsection (b), or identifying portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian o,f Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no deposit shall be knowingly or intentionally destroyed or otherwise disposed of during its term of copyright unless a facsimile reproduction of the entire deposit has been made a part of the Copyright Office records as provided by subsection (c). (e) The depositor of copies, phonorecords, or identifying material under section 408, or the copyright owner of record, may request retention, under the control of the Copyright Office, of one or more of such articles for the full term o,f copyright in the work. The Register of Copyrights shall prescribe, by regulation, the conditions under which such requests are to be made and granted, and shall fix the fee to be charged under section 708(a) (11) if the request is granted. § 705. Copyright Office records: Preparation, maintenance, public inspection, and searching (a) The Register of Copyrights shall provide and keep in the Copyright Office records of all deposits, registrations, recordations, and other actions taken under this title, and shall prepare indexes of all such records. (b) Such records and indexes, as well as the aiticles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office, shall be open to public inspection. (c) Upon request and payment of the fee specified by section 708, the Copyright Office shall make a search of its public records, indexes, and deposits, and shall furnish a report of the information they disclose with respect to any particular deposits, registrations, or recorded documents. § 706. Copies of Copyright Office records (a) Copies may be made of any public records or indexes of the Copyright Office; additional certificates of copyright registration and copies o.f any public records or indexes may be furnished upon request and payment of the fees specified by section 708. (b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished only under the conditions specified by the Copyright Office regulations. § 707. Copyright Office forms and publications (a) CATALOG OF COPYRIGHT ENTRIES.—The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copyright registrations. These catalogs shall be divided into parts in accordance with the various classes of works, and the Register has

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1125

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2593

discretion to determine, on the basis of practicability and usefulness, the form and frequency of publication of each particular part. (b) OTHER PUBLICATIONS.—The Register shall furnish, free of charge upon request, application forms for copyright registration and general informational material in connection with the functions of the Copyright Office. The Register also has the authority to publish compilations of information, bibliographies, and other material he or she considers to be of value to the public. (c) DISTRIBUTION OP PUBLICATIONS.—^AU publications of the Copyright Office shall be furnished to depository libraries as specified under section 1905 of title 44, and, aside from those furnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution. § 708. Copyright Office fees 17 USC 708. (a) The following fees shall be paid to the Register of Copyrights: (1) for the registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration, $10; (2) for the registration of a claim to renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration, $6; (3) for the issuance of a receipt for a deposit under section 407, $2; (4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document of six pages or less, covering no more than one title, $10; for each page over six and each title over one, 50 cents additional; (5) for the filing, under section 115(b), of a notice of intention to make phonorecords, $6; (6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author, $10 for a document of six pages or less, covering no more than one title; for each page over six and for each title over one, $1 additional; (7) for the issuance, under section 601, of an import statement, $3; (8) for the issuance, under section 706, of an additional certifiicate of registration, $4; (9) for the issuance of any other certification, $4; the Register of Copyrights has discretion, on the basis of their cost, to fix the fees for preparing copies of Copyright Office records, whether they are to be certified or not; (10) for the making and reporting of a search as provided by section 705, and for any related services, $10 for each hour or fraction of an hour consumed; (11) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service. (b) The fees prescribed by or under this section are applicable to Waiver, the United States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to waive the requirement of this subsection in occasional or isolated cases involving relatively small amounts. (c) The Register of Copyrights shall deposit all fees in the Treasury of the United States in such manner as the Secretary of the Treasury directs. The Register may, in accordance with regulations that Regulations.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1126

 90 STAT. 2594

17 USC 709.

17 USC 710. Regulation.

PUBLIC LAW 94-553—OCT. 19, 1976 he or she shall prescribe, refund any sum paid by mistake or in excess of the fee required by this section; however, before making a refund in any case involving a refusal to register a claim under section 410(b), the Register may deduct all or any part of the prescribed registration fee to cover the reasonable administrative costs of processing the claim. § 709. Delay in delivery caused by disruption of postal or other services In any case in which the Register of Copyrights determines, on the basis of such evidence as the Register may by regulation require, that a deposit, application, fee, or any other material to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due time except for a general disruption or suspension of postal or other transportation or communications services, the actual receipt of such material in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of such services has terminated, shall be considered timely. § 710. Reproduction for use of the blind and physically handicapped: Voluntary licensing forms and procedures The Register of Copyrights shall, after consultation with the Chief of the Division for the Blind and Physically Handicapped and other appropriate officials of the Library of Congress, establish by regulation standardized forms and procedures by which, at the time applications covering certain specified categories of nondramatic literary works are submitted for registration under section 408 of this title, the copyright owner may voluntarily grant to the Library of Congress a license to reproduce the copyrighted work by means of Braille or similar tactile symbols, or by fixation of a reading of the work in a phonorecord, or both, and to distribute the resulting copies or phonorecords solely for the use of the blind and physically handicapped and under limited conditions to be specified in the standardized forms. Chapter 8.—COPYRIGHT ROYALTY TRIBUNAL Sec. 801. 802. 803. 804. 805. 806. 807. 808. 809. 810.

17 USC 801.

' .0'). -.

Copyright Royalty Tribunal: Establishment and purpose. Membership of the Tribunal. Procedures of the Tribunal. . Institution and conclusion of proceedings. Staff of the Tribunal. Administrative support of the Tribunal. Deduction of costs of proceedings. Reports. Effective date of final determinations. Judicial review.

§ 801. Copyright Royalty Tribunal: Establishment and purpose (a) There is hereby created an independent Copyright Royalty Tribunal in the legislative branch. (b) Subject to the provisions of this chapter, the purposes of the Tribunal shall be— (1) to make determinations concerning the adjustment of reasonable copyright royalty rates as provided in sections 115 and 116, and to make determinations as to reasonable terms and rates of royalty payments as provided in section 118. The rates applicable under sections 115 and 116 shall be calculated to achieve the following objectives: (A) To maximize the availability of creative works to the public;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1127

 PUBLIC LAW 94-553—OCT. 19, 1976 (B) To afford the copyright owner a fair return for his creative work and the copyright user a fair income under existing economic conditions; (C) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication; (D) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices. (2) to make determinations concerning the adjustment of the copyright royalty rates in section 111 solely in accordance with the following provisions: (A) The rates established by section 111(d)(2)(B) may be adjusted to reflect (i) national monetary inflation or deflation or (ii) changes in the average rates charged cable subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar level of the royalty fee per subscriber which existed as of the date of enactment of this Act: Provided, That if the average rates charged cable system subscribers for the basic service of providing secondary transmissions are changed so that the average rates exceed national monetary inflation, no change in the rates established by section 111(d)(2)(B) shall be permitted: And provided further, That no increase in the royalty fee shall be permitted based on any reduction in the average number of distant signal equivalents per subscriber. The Commission may consider all factors relating to the maintenance of such level of payments including, as an extenuating factor, whether the cable industry has been restrained by subscriber rate regulating authorities from increasing the rates for the basic service of providing secondary transmissions. (B) In the event that the rules and regulations of the Federal Communications Commission are amended at any time after April 15, 1976, to permit the carriage by cable systems of additional television broadcast signals beyond the local service area of the primary transmitters of such signals, the royalty rates established by section 111(d)(2)(B) may be adjusted to insure that the rates for the additional distant signal equivalents resulting from such carriage are reasonable in the light of the changes effected by the amendment to such rules and regulations. In determining the reasonableness of rates proposed following an amendment of Federal Communications Commission rules and regulations, the Copyright Royalty Tribunal shall consider, among other factors, the economic impact on copyright owners and users: Provided, That no adjustment in royalty rates shall be made under this subclause with respect to any distant signal equivalent or fraction thereof represented by (i) carriage of any sigTial permitted under the rules and regulations of the 7rf>?f Communications Commission in effect on April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal, or (ii) a television broadcast signal first carried after April 15, 1976, pursuant to an

90 STAT. 2595

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1128

 90 STAT. 2596

PUBLIC LAW 94-553—OCT. 19, 1976

individual waiver of the rules and regulations of the Federal Communications Commission, as such rules and regulations were in effect on April 15, 1976. (C) In the event of any change in the rules and regulations of the Federal Communications Commission with respect to syndicated and sports program exclusivity after April 15, 1976, the rates established by section 111(d)(2)(B) may be adjusted to assure that such rates are reasonable in light of the changes to such rules and regulations, but any such adjustment shall apply only to the affected television broadcast signals carried on those systems affected by the change. (D) The gross receipts limitations established by section 111(d)(2)(C) and (D) shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar value of the exemption provided by such section; and the royalty rate specified therein shall not be subject to adjustment; and (3) to distribute royalty fees deposited with the Register of Copyrights under sections 111 and 116, and to determine, in cases where controversj^ exists, the distribution of such fees, Notice. (c) As soon as possible after the date of enactment of this Act, and no later than six months following such date, the President shall publish a notice announcing the initial appointments provided in section 802, and shall designate an order of seniority among the initiallyappointed commissioners for purposes of section 802(b). § 802. Membership of the Tribunal 17 USC 802. (a) The Tribunal shall be composed of five commissioners appointed by the President with the advice and consent of the Senate for a term of seven years each; of the first five members appointed, three shall be designated to serve for seven years from the date of the notice specified in section 801(c), and two shall be designated to serve for five years from such date, respectively. Commissioners shall be compensated at the highest rate now or herea,fter prescribe for grade 18 of the General Schedule pay rates (5 U.S.C. 5332). (b) Upon convening the commissioners shall elect a chairman from among the commissioners appointed for a full seven-year term. Such chairman shall serve for a term of one year. Thereafter, the most senior commissioner who has not previously served as chairman shall serve as chairman for a period of one year, except that, if all commissioners have served a full term as chairman, the most senior commissioner who has served the least number of terms as chairman shall be designated as chairman. (c) Any vacancy in the Tribunal shall not affect its powers and shall be filled, for the unexpired term of the appointment, in the same manner as the original appointment was made. § 803. Procedures of the Tribunal 17 USC 803. (a) The-Tribunal shall adopt regulations, not inconsistent with law, governing its procedure and methods of operation. Except as otherwise provided in this chapter, the Tribunal shall be subject to the provisions of the Administrative Procedure Act of June 11, 1946, as amended (c. 324, 60 Stat. 237, title 5, United States Code, chapter 5, subchapter II 5 USC 551, 701. and chapter 7). Publication in (b) Every final determination of the Tribunal shall be published in Federal Register. the Federal Register. It shall state in detail the criteria that the Tribunal determined to be applicable to the particular proceeding, the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1129

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2597

various facts that it found relevant to its determination in that proceeding, and the specific reasons for its determination. § 804. Institution and conclusion of proceedings 17 USC 804. (a) With respect to proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided in sections 115 and 116, and with respect to proceedings under section 801(b)(2)(A) and (D)(1) on January 1, 1980, the Chairman of the Tribunal shall Publication in cause to be published in the Federal Register notice of commence- Federal Register. ment of proceedings under this chapter; and (2) during the calendar years specified in the following schedule, any owner or user of a copyrighted work whose royalty rates are specified by this title, or by a rate established by the Tribunal, may file a petition with the Tribunal declaring that the petitioner requests an adjustment of the rate. The Tribunal shall make a determination as to whether the applicant has a significant interest in the royalty rate in which an adjustment is requested. If the Publication in Tribunal determines that the petitioner has a significant interest, Federal Regisiter. the Chairman shall cause notice of this determination, with the reasons therefor, to be published in the Federal Register, together with notice of commencement of proceedings under this chapter. (A) In proceedings under section 801(b)(2)(A) and (D), such petition may be filed during 1985 and in each subsequent fifth calendar year. (B) In proceedings under section 801(b)(1) concerning the adjustment of royalty rates as provided, in section 115, such petition may be filed in 1987 and in each subsequent tenth calendar year. (C) In proceedings under section 801(b)(1) concerning the adjustment of royalty rates under section 116, such petition may be filed in 1990 and in each subsequent tenth calendar year. (b) AVith respect to proceedings under subclause (B) or (C) of section 801(b)(2), following an event described in either of those subsections, any owner or user of a copyrighted work whose royalty rates are specified by section 111, or by a rate established by the Tribunal, may, within twelve months, file a petition with the Tribunal declaring that the petitioner requests an adjustment of the rate. In this event the Tribunal shall proceed as in subsection (a)(2), above. Any change in royalty rates made by the Tribunal pursuant to this subsection may be reconsidered in 1980, 1985, and each fifth calendar year thereafter, in accordance with the provisions in section 801(b)(2)(B) or (C), as the case may be. (c) With respect to proceedings under section 801(b)(1), concerning the determination of reasonable terms and rates of royalty paymer^ts as provided in section 118, the Tribunal shall proceed when and as provided by that section. (d)With respect to proceedings under section 801(b)(3), concern- Publication in ing the distribution of royalty fees in certain circumstances under Federal Register. sections 111 or 116, the Chairman of the Tribunal shall, upon determination by the Tribunal that a controversy exists concerning such distribution, cause to be published in the Federal Register notice of commencement of proceedings under this chapter. (e) All proceedings under this chapter shall be initiated without delay following publication of the notice specified in this section, and the Tribunal shall render its final decision in any such proceeding within one year from the date of such publication.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1130

 90 STAT. 2598 17 USC 805.

5 USC 3109. 17 USC 806.

17 USC 807.

17 USC 808.

17 USC 809.

17 USC 810.

5 USC 701.

PUBLIC LAW 94-553—OCT. 19, 1976 § 805. Staff of the Tribunal (a) The Tribunal is authorized to appoint and fix the compensation of such employees as may be necessary to carry out the provisions of this chapter, and to prescribe their functions and duties. (b) The Tribunal may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5. § 806. Administrative support of the Tribunal (a) The Library of Congress shall provide the Tribunal with necessary administrative services, including those related to budgeting, accounting, financial reporting, travel, personnel, and procurement. The Tribunal shall pay the Library for such services, either in advance or by reimbursement from the funds of the Tribunal, at amounts to be agreed upon between the Librarian and the Tribunal. (b) The Library of Congress is authorized to disburse funds for the Tribunal, under regulations prescribed jointly by the Librarian of Congress and the Tribunal and approved by the Comptroller General. Such regulations shall establish requirements and procedures under which every voucher certified for payment by the Library of Congress under this chapter shall be supported with a certification by a duly authorized officer or employee of the Tribunal, and shall prescribe the responsibilities and accountability of said officers and employees of the Tribunal with respect to such certifications. § 807. Deduction of costs of proceedings Before any funds are distributed pursuant to a final decision in a proceeding involving distribution of royalty fees, the Tribunal shall assess the reasonable costs of such proceeding. § 808. Reports In addition to its publication of the reports of all final determinations as provided in section 803(b), the Tribunal shall make an annual report to the President and the Congress concerning the Tribunal's work during the preceding fiscal year, including a detailed fiscal statement of account. § 809. Effective date of final determinations Any final determination by the Tribunal under this chapter shall become effective thirty days following its publication in the Federal Register as provided in section 803(b), unless prior to that time an appeal has been filed pursuant to section 810, to vacate, modify, or correct such determination, and notice of such appeal has been served on all parties who appeared before the Tribunal in the proceeding in question. Where the proceeding involves the distribution of royalty lees under sections 111 or 116, the Tribunal shall, upon the expiration of such thirty-day period, distribute any royalty fees not subject to an appeal filed pursuant to section 810. § 810. Judicial review Any final decision of the Tribunal in a proceeding under section 801 (b) may be appealed to the United States Court of Appeals, within thirty days after its publication in the Federal Register by an aggrieved party. The judicial review of the decision shall be had, in accordance with chapter 7 of title 5, on the basis of the record before the Tribunal. No court shall have jurisdiction to review a final decision of the Tribunal except as provided in this section. TRANSITIONAL AND SUPPLEMENTARY

17 USC note prec. 101.

PROVISIONS

SEC. 102. This Act becomes effective on January 1, 1978, except as otherwise expressly provided by this Act, including provisions of the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1131

 PUBLIC LAW 94-553—OCT. 19, 1976 first section of this Act. The provisions of sections 118, 304(b), and chapter 8 of title 17, as amended by the first section of this Act, take effect upon enactment of this Act. SEC. 103. This Act does not provide copyright protection for any work that goes into the public domain before January 1, 1978. The exclusive rights, as provided by section 106 of title 17 as amended by the first section of this Act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909. SEC. 104. All proclamations issued by the President under section 1(e) or 9(b) of title 17 as it existed on December 31, 1977, or under previous copyright statutes of the United States, shall continue in force until terminated, suspended, or revised by the President. SEC. 105. (a)(1) Section 505 of title 44 is amended to read as follows: "§ 505. Sale of duplicate plates "The Public Printer shall sell, under regulations of the Joint Committee on Printing to persons who may apply, additional or duplicate stereotype or electrotype plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 per centum, and the full amount of the price shall be paid when the order is filed.". (2) The item relating to section 505 in the sectional analysis at the beginning of chapter 5 of title 44, is amended to read as follows:

90 STAT. 2599

17 USC note prec. 101.

17 USC note P^ec. 104.

44 USC 505.

...!

"505. Sale of duplicate plates.".

(b) Section 2113 of title 44 is amended to read as follows: "§ 2113. Limitation on liability "When letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringement of copyright or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes.". (c) In section 1498(b) of title 28, the phrase "section 101(b) of title 17" is amended to read "section 504(c) of title 17". (d) Section 543(a)(4) of the Internal Revenue Code of 1954, as amended, is amended by striking out "(other than by reason of section 2 or 6 thereof)". (e) Section 3202(a) of title 39 is amended by striking out clause (5). Section 3206 of title 39 is amended by deleting the words "subsections (b) and (c)" and inserting "subsection (b) " in subsection (a), and by deleting subsection (c). Section 3206(d) is renumbered (c). (f) Subsection (a) of section 290(e) of title 15 is amended by deleting the phrase "section 8" and inserting in lieu thereof the phrase "section 105". (g) Section 131 of title 2 is amended by deleting the phrase "deposit to secure copyright," and inserting in lieu thereof the phrase "acquisition of material under the copyright law,". SEC. 106. In any case where, before January 1, 1978, a person has lawfully made parts of instruments serving to reproduce mechanically a copyrighted work under the compulsory license provisions of section l(e)_ of title 17 as it existed on December 31, 1977, such person may continue to make and distribute such parts embodying the same mechanical reproduction without obtaining a new compulsory license

44 USC 2113.

x]:} i^i

28 USC 1498. 26 USC 543. 39 USC 3202, 3206.

15 USC 290e. 2 USC 131. 17 USC 115 note,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1132

 90 STAT. 2600

17 USC 304 note.

17 USC 401 note.

17 USC 410 note.

17 USC 407 note.

18 USC 2318.

17 USC 501 note.

PUBLIC LAW 94-553—OCT. 19, 1976 under the terms of section 115 of title 17 as amended by the first section of this Act. However, such parts made on or after January 1, 1978, constitute phonorecords and are otherwise subject to the provisions of said section 115. SEC. 107. In the case of any work in which an ad interim copyright is subsisting or is capable of bein^ secured on December 31, 1977, under section 22 of title 17 as it existed on that date, copyright protection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by the first section of this Act. SEC. 108. The notice provisions of sections 401 through 403 of title 17 as amended by the first section of this Act apply to all copies or phonorecords publicly distributed on or after January 1, 1978. However, in the case of a work published before January 1, 1978, compliance with the notice provisions of title 17 either as it existed on December 31, 1977, or as amended by the first section of this Act, is adequate with respect to copies puolicly distributed after December 31, 1977. SEC. 109. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1978, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1978, shall be made in accordance with title 17 as it existed on December 31, 1977. SEC. 110. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1977, apply to any work in which copyright has been secured by publication with notice of copyright on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by the first section of this Act. SEC. 111. Section 2318 of title 18 of the United States Code is amended to read as follows: "§ 2318. Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels "(a) Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense. "(b) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.". "(c) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).". SEC. 112. All causes of action that arose under title 17 before January 1, 1978, shall be governed by title 17 as it existed when the cause of action arose.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1133

 PUBLIC LAW 94-553—OCT. 19, 1976 SEC. 113. (a) The Librarian of Congress (hereinafter referred to as the "Librarian") shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives (hereinafter referred to as the "Archives"). The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement. (1) The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs— (A) acquired in accordance with sections 407 and 408 of title 17 as amended by the first section of this Act; and (B) transferred from the existing collections of the Library of Congress; and (C) given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and (D) purchased from the owner thereof. (2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section. (b) Notwithstanding the provisions of section 106 of title 17 as amended by the first section of this Act, the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation— (1) to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or security or for distribution under the conditions of clause (3) of this subsection; and (2) to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause (1) of this subsection; and (3) to distribute a reproduction made under clause (1) or (2) of this subsection— (A) by loan to a person engaged in research; and (B) for deposit in a library or archives which meets the requirements of section 108(a) of title 17 as amended by the first section of this Act, in either case for use only in research and not for further reproduction or performance. (c) The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copvright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 as amended by the first section of this Act for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section.

90 STAT. 2(S01 American Television and Radio Archiveis Act 2 USC 170.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1134

 90 STAT. 2602 Citation of section. Appropriation 17 USC* ^*t" prec 101. Severability. 17 USC note '"^^^'

PUBLIC LAW 94-553—OCT. 19, 1976 (d) This section may be cited as the "American Television and Radio Archives Act". gj,^ -^^^ There are hereby authorized to be appropriated such funds ^^ "^^y ^^ necessary to carry out the purposes of this Act. ^^^' ^^^' ^^ *^^y provision of title 17, as amended by the first section ^f this Act, is declared unconstitutional, the validity of the remainder of this title is not affected. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1476 (Coram, on the Judiciary) and No. 94-1733 (Coram, of Conference). SENATE REPORT No. 94-473 (Comra. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 6, 16-19, considered and passed Senate. Sept. 22, considered and passed House, amended. Sept. 30, Senate and House agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1135

 PUBLIC LAW 94^554—OCT. 19, 1976

90 STAT. 2603

Public Law 94-554 94th Congress An Act To amend section 376 of title 28, United States Code, in order to reform and update the existing program for annuities to survivors of Federal Justices and judges.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Judicial Survivors' Annuities Reform Act". SEC. 2. That section 376 of title 28 of the United States Code is amended to read as follows: "§ 376. Annuities for survivors of certain judicial officials of the United States " (a) For the purposes of this section— " (1) ' j udicial official' means: "(A) a Justice or judge of the United States, as defined by section 451 of this title; "(B) a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands; "(C) a Director of the Administrative Office of the Ignited States Courts, after he or she has filed a waiver under subsection (a) of section 611 of this title; "(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (b) of section 627 of this title; or " (E) an administrative assistant to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title; who notifies the Director of the Administrative Office of the United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, or (iii) the date upon which the Judicial Survivors' Annuities Reform Act becomes effective; " (2) 'retirement salary' means: "(A) in the case of a Justice or judge of the United States, as defined by section 451 of this title, salary paid (i) after retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title, or (ii) after retirement from office by resignation on salary under subsection (a) of section 371 of this title; " (B) in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, salary paid after retirement from office (i) by resignation on salary under section 373 of this title or (ii) by removal or failure of reappointment after not less than ten years' judicial service; "(C) in the case of a Director of the Administrative Office of the United States Courts, an annuity paid under subsection (b) or (c) of section 611 of this title;

Oct. 19. 1976 [S. 12]

Judicial Survivors' Annuities Reform Act. 28 USC 376 note.

Definitions.

28 USC 451.

28 USC 611. 28 USC 627. 28 USC 677. Written notification.

28 USC 372. 28 USC 371.

28 USC 373.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1136

 90 STAT. 2604

28 USC 677, 611.

PUBLIC LAW 94-554—OCT. 19, 1976 "(D) in the case of a Director of the Federal Judicial Center, an annuity paid under subsection (c) or (d) of section 627 of this title; and " (E) in the case of an administrative assistant to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title; "(3) 'widow' means the surviving wife of a 'judicial official', who: "(A) has been married to him for at least one year on the day of his death; or "(B) is the mother of issue by that marriage; "(4) 'widower' means the surviving husband of a 'judicial official', who: "(A) has been married to her for at least one year on the day of her death; or "(B) is the father of issue by that marriage; "(5) 'child' means: "(A) an unmarried child under eighteen years of age, including (i) an adopted child and (ii) a stepchild or recognized natural child who lived with the judicial official in a regular parent-child relationship; "(B) such unmarried child between eighteen and twentytwo years of age who is a student regularly pursuing a full* time course of stud^ or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable educational institution. A child whose twenty-second birthday occurs before July 1, or after August 31, of a calendar year, and while he or she is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July immediately following that birthday. A child who is a student is deemed not to have ceased being a student during an interim period between school years, if that interim period lasts no longer than five consecutive months and if that child shows, to the satisfaction of the Director of the Administrative Office of the United States Courts, that he or she has a bona fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester, or other period into which the school year is divided, immediately following that interim period; or "(C) such unmarried child, regardless of age, who is incapable of self-support because of a mental or physical disability incurred either (i) before age eighteen, or (ii) in the case of a child who is receiving an annuity as a full-time student under subparagraph (5)(B) of this subsection, before the termination of that annuity. "(b) Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary, including any 'retirement salary', a sum e(^ual to 4.5 percent of that salary. The amounts so deducted and withheld from the salary of each such judicial official shall, in accordance with such procedures as may be prescribed by the Comptroller General of the United States, be covered into the Treasury of the United States and credited to the 'Judicial Survivors' Annuities Fund' established by

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1137

 PUBLIC LAW 94-554—OCT. 19, 1976

90 STAT. 2605

section 3 of the Judicial Survivors' Annuities Keform Act. Such fund Post, p. 2611, shall be used for the payment of annuities, refunds, and allowances as provided by this section. Payment of such salary less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such judicial official during the period covered by such payment, except the rights to those benefits to which such judicial official, or his or her survivors, shall be entitled under the provisions of this section. "(c) There shall also be deposited to the credit of the 'Judicial Survivors' Annuities Fund', in accordance with such procedures as may be prescribed by the Comptroller General of the United States, amounts matching those deducted and withheld in accordance with subsection (b) of this section. Such deposits shall be taken from the fund used to pay the compensation of the judicial official, and shall immediately become an integrated part of the 'Judicial Survivors' Annuities Fund' for any use required under this section. "(d) Each judicial official shall deposit, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the credit of the 'Judicial Survivors' Annuities Fund': "(1) a sum equal to 4.5 percent of that salary, including'retirement salary', which he or she has received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section prior to the date upon which he or she filed notice of an intention to come within the purview of this section with the Director of the Administrative Office of the United States Courts; and " (2) a sum equal to 4.5 percent of the basic salary, pay, or compensation which he or she has received for serving as a Senator, Representative, Delegate, or Resident Commissioner in Congress, or for serving as an 'employee', as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section. The interest otherwise required by this subsection shall not be required for any period during which a judicial official was separated from all such service and was not receiving any retirement salary. "Each such judicial official may elect to make such deposits in installments, during the continuance of his or her service in those offices designated in paragraph (1) of subsection (a) of this section, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts: Provided, That, in each instance in which a judicial official does elect to make such deposits in installments, the Director shall require (i) that the first installment payment made shall be in an amount no smaller than that amount necessary to cover at least the last eighteen months of prior creditable civilian service, and (ii) that at least one additional installment payment shall be made every eighteen months thereafter until the total of all such deposits have been made. "Notwithstanding the failure of any such judicial official to make all such deposits or installment payments, credit shall be allowed for the service rendered, but the annuity of that judicial official's widow or widower shall be reduced by an amount equal to 10 percent of the amount of such deposits, computed as of the date of the death of such judicial official, unless such widow or widower shall elect to eliminate such service entirely from credit under subsection (k) of this section:

89-194 0 _ 7 8 — p t. 2

72

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1138

 90 STAT. 2606

PUBLIC LAW 94-554—OCT. 19, 1976

fiiK.- ..

Provided, That no deposit shall be required from any such judicial official for any honorable active duty service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, or for any other creditable service rendered prior to August 1, 1920. "(e) The amounts deducted and withheld in accordance with subsection (b) of this section, and the amounts deposited in accordance with subsection (d) of this section, shall be credited to individual accounts in the name of each judicial official from whom such amounts are received, for credit to the 'Judicial Survivors' Annuities Fund'. "(f) The Secretary of the Treasury shall invest, from time to time, in interest bearing securities of the United States or Federal farm loan bonds, those portions of the 'Judicial Survivors' Annuities Fund' which in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as provided in this section. The income derived from such investments shall constitute a part of such fund for the purposes of paying annuities and carrying out the provisions of subsections (g), (h), (m), (o), (p), and (q) of this section. "(g) If any judicial official resigns from office without receiving any 'retirement salary,' all amounts credited to his or her individual account, together with interest at 4 percent per annum to December 31, 1947; and at 3 percent annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of offics, shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this subsection a 'reasonable period of time' shall be presumed to be no longer than one year following the date upon which such judicial official relinquished his or her office. "(h) Annuities payable under this section shall be paid only in accordance with the following provisions: "(1) In any case in which a judicial official dies while in office, or while receiving 'retirement salary,' after having completed at least eighteen months of creditable civilian service, as computed in accordance with subsection (k) of this section, fof the last eighteen months of which the salary deductions provided by subsection (b) of this section or, in lieu thereof, the deposits required by subsection (d) of this section have actually been made— "(A) if such judicial official is survived by a widow or widower, but not by a child, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (1) of this section; or "(B) if such judicial official is survived by a widow or widower and a child or children, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (1) of this section, and there shall also be paid to or on behalf of each such child an immediate annuity equal to: "(i) $1,548: or "(ii) $4,644, divided by the number of children; whichever is smallest; or "(C) if such judicial official leaves no surviving widow or widower, but does leave a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to:

"Reasonable period of time."

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1139

 PUBLIC LAW 94-554^0CT. 19, 1976 "(i) the amount of the annuity to which the judicial official's widow or widower would have been entitled under subparagraph (1)(A) of this subsection, had such widow or widower survived the judicial official, divided by the number of children; or "(ii) $1,860; or "(iii) $5,580, divided by the number of children; whichever is smallest. "(2) An annuity payable to a widow or widower under subparagraphs (1)(A) or (1)(B) of this subsection shall be terminated upon his or her death or remarriage. "(3) An annuity payable to a child under this subsection shall terminate: "(A) if such child is receiving an annuity based upon his or her status under subparagraph (5)(A) of subsection (a) of this section, on the last day of the nionth during which he or she becomes eighteen years of age; "(B) if such child is receiving an annuity based upon his or her status under subparagraph (5)(B) of subsection (a) of this section, either (i) on the first day of Jiily immediately following his or her twenty-second birthday or (ii) on the last day of the month during which he or she ceases to be a full-time student in accordance with subparagraph (5)(B) of subsection (a) of this section, whichever occurs first: Provided, That if such child is rendered incapable of self-support because of a mental or physical disability incurred while receiving that annuity, that annuity shall not terminate, but shall continue without interruption and shall be deemed to have become, as of the date of disability, an annuity based upon his or her status under clause (ii) of subparagraph (5)(C) of subsection (a) of this section; "(C) if such child is receiving an annuity based upon his or her status under subparagraph (5)(C) of subsection (a) of this section, on the last day of the month during which he or she ceases to be incapable of self-support because of mental or physical disability; or " (D) on the last day of the month during which such child dies or marries. " (4) An annuity payable to a child or children under subparagraph (1)(B) of this subsection shall be recomputed and paid as provided in subparagraph (1)(C) of this subsection upon the death, but not upon the remarriage, of the widow or widower who is receiving an annuity under subparagraph (1)(B) of this subsection. "(5) In any case in which the annuity of a child is terminated, the annuity of each remaining child which is based upon the service of the same judicial official shall be recomputed and paid as though the child whose annuity has been terminated had not survived that judicial official, "(i) All questions of dependency and disability arising under this section shall be determined by the Director of the Administrative Office of the United States Courts, subject to review only by the Judicial Conference of the United States, and the decision of the Judicial Conference of the United States shall be final and conclusive. The Director may order or direct at any time such medical or other examinations as he deems necessary to determine the facts relative to the nature and degree of disability of any child who is an annuitant, or an applicant for an annuity, under this section, and may suspend or

90 STAT. 2607

^

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1140

 90 STAT. 2608

28 USC 371, 372.

"Years."

PUBLIC LAW 94-554—OCT. 19, 1976 deny any such annuity for failure to submit to any such examination, "(j) In any case in which a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability, as determined by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary of such claimant by the laws of the State of residence of such claimant, or to any other person who is otherwise legally vested with the care of the claimant or of the claimant's estate, and need not be made directly to such claimant. The Director of the Administrative Office of the United States Courts may, at his or her discretion, determine whether such payment is made directly to such claimant or to such guardian, fiduciary, or other person legally vested with the care of such claimant or the claimant's estate. Where no guardian or other fiduciary of such minor or such person under legal disability has been appointed under the laws of the State of residence of such claimant, the Director of the Administrative Office of the United States Courts shall determine the person who is otherwise legally vested with the care of the claimant or of the claimant's estate. "(k) The years of service rendered by a judicial official which may be creditable in calculating the amount of an annuity for such judicial official's widow or widower under subsection (1) of this section shall include— "(1) those years during which such judicial official served in any of the offices designated in paragraph (1) af subsection (a) of this section, including in the case of a Justice or judge of the United States those years during which he or she continued to hold office following retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title; " (2) those years during which such judicial official served as a Senator, Representative, Delegate, or Resident Commissioner in Congress, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section; "(3) those years during which such judicial official honorably served on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section: Provided, That those years of such military service for which credit has been allowed for the purposes of retirement or retired pay under any other provision of law shall not be included as allowable years of such service under this section; and •'(4) those years during which such judicial official served as an 'employee', as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section. For the purposes of this subsection the term 'years' shall mean full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and including, as one full month, any fractional part of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section. "(1) The annuity of a widow or widower of a judicial official shall be an amount equal to the sum of—

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1141

 -

PUBLIC LAW 94-554—OCT. 19, 1976

" (1) 114 percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service in which his or her annual salary was greatest, or (ii) if such judicial official has so served less than three years, but more than eighteen months, then during the total period of such service pjrior to his or her death, multiplied by the total of: "(A) the number of years of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus " (B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section,'plus "(C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus "(D) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section, plus: "(2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection: Provided, That such annuity snail not exceed 40 percent of such average annual salary and shall be further reduced in accordance with subsection (d) of this section, if applicable. " (m) Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the 'Judicial Survivors' Annuities Fund', which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity. "(n) Each annuity authorized under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. No annuity authorized under this section s'hall be assignable, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process, "(o) In any case in which a judicial official dies while in office, or while receiving 'retirement salary', and; "(1) before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or " (2) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) of this section; or

90 STAT. 2609

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1142

 90 STAT. 2610

i 1 I \ \ 5

PUBLIC LAW 94-554—OCT. 19, 1976 "(3) th.e rights of all persons entitled to receive the annuity benefits provided by subsection (h) of this section terminate before a valid claim therefor has been established; the total amount credited to the individual account of that judicial official, established under subsection (e) of this section, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence: "First, to the beneficiary or beneficiaries whom that judicial official may have designated in a writing received by the Administrative Office of the United States Courts prior to his or her death; "Second, if there be no such beneficiary, to the widow or widower of such j udicial official; "Third, if none of the above, to the child or children of such judicial official and the descendants of any deceased children by representation; "Fourth, if none of the above, to the parents of such judicial official or the survivor of them; "Fifth, if none of the above, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such judicial official; "Sixth, if none of the above, to such other next of kin of such judicial official, as may be determined by the Director of the Administrative Office of the United States Courts to be entitled to such payment, under the laws of the domicile of such judicial official, at the time of his or her death. Suich payment shall be a bar to recovery by any other person. For the purposes of this subsection only, a determination that an individual IS a widow, widower, or child of a judicial official may be made by the Director of the Administrative Office of the United States Courts without regard to the definitions of those terms contained in para-? graphs (3), (4), and (5) of subsection (a) of this section. " (p) In any case in which all the annuities wMch hre authorized by this section and based upon the service of a given official terminate before the aggregate amount of annuity payments received by the annuitant or annuitants equals the total amount credited to the individual account of such judicial official, established under subsection (e) of this section with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, the difference between such total amount, with such interest, and such aggrea^ate amount shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (o) of this section. "(q) Any accrued annuity benefits remaining unpaid upon the termination of an annuity, other than by the death of an annuitant, shall be paid to that annuitant. Any accrued annuity benefits remaining unpaid upon the death of an annuitant shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: "First, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such annuitant;

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 PUBLIC LAW 94-554—OCT. 19, 1976 "Second, if there is no such executor, executrix, administrator, or administratrix, payments shall be made, after the expiration of sixty days from the date of death of such annuitant, to such individual or individuals as may appear, in the judgment of the Director of the Administrative Office of the United States Courts, to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual, "(r) Nothing contained in this section shall be interpreted to prevent a widow or widower eligible for an annuity under this section from simultaneously receiving such an annuity while also receiving any other annuity to which such widow or widower may also be entitled under any other law without regard to this section: Provided, That service used in the computation of the annuity conferred by this section shall not also be credited in computing any such other annuity.". SEC. 3. That on the date upon which this Act becomes effective there shall be established on the books of the Treasury a fund which shall be known as "The Judicial Survivors' Annuities Fund", and all money credited to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021), as amended, shall be transferred to the credit of the Judicial Survivors' Annuities Fund established by this section. SEC. 4. That on the date upon which this Act becomes effective the Secretary of the Treasury shall ascertain from the Director of the Administrative Office of the United States Courts the amount of the actuarial deficiency in the fund transferred by section 3 of this Act on the date of that fund's transfer and, at the earliest time thereafter at which appropriated funds in that amount shall become available, the Secretary shall deposit such funds, in a single payment, into the Judicial Survivors' Annuities Fund established by section 3 of this Act. Such funds as are necessary to carry out this section are hereby authorized to be appropriated. SEC. 5. That on the date upon which this Act becomes effective each annuity then being paid to a widow from the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021), as amended, shall be increased by an amount equal to one-fifth of 1 percent of the amount of such annuity multiplied by the number of months which have passed since the commencement of that annuity. For the purposes of this section, any fractional part of a month which numbers less than fifteen full days shall be excluded from the computation of the number of months and any fractional part of a month which numbers fifteen full days or more shall be included in the computation as one full month. Such funds as are necessary to carry out this section are authorized to be appropriated and, upon appropriation, shall be deposited by the Secretary of the Treasury, in a single payment, to credit of the Judicial Survivors' Annuities Fund established by section 3 of this Act. SEC. 6. That the benefits conferred by this Act shall, on the date upon which this Act becomes effective, immediately become available to any individual then receiving an annuity under section 2 of the Act of August 3, 1956 (70 Stat. 1021), as amended: Provided, That although the rights of any judicial official electing to come within the purview of section 376 of title 28, United States Code, on or after the date upon which this Act becomes effective, shall be determined exclusively under the provisions of that section as amended by this Act, nothing in this Act shall be interpreted to cancel, abrogate, or diminish xny rights to which an individual or his or her survivors may be exicitled by virtue of that individuals having contributed to the judicial survivors

90 STAT. 2611

The Judicial Survivors' Annuities Fund. Establishment. 28 USC 376 note. 28 USC 376. 28 USC 376 note.

28 USC 376 note.

28 USC 376 note.

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 90 STAT. 2612

PUBLIC LAW 94-554—OCT. 19, 1976

annuity fund established by section 2 of the Act of August 3, 1956 (70 28 USC 376. Stat. 1021), as amended, before the date upon which this Act becomes effective. 28 USC 376 note. SEC. 7. That, at any time within one hundred and eighty days after the date upon which this Act becomes effective, any judicial official who has, prior to that date, already participated in the judicial survivors annuity program created by the Act of August 3, 1956 (70 Stat. 1021), as amended, shall be entitled to revoke his or her earlier election to participate in that program and thereby completely withdraw from participation in the judicial survivors' annuities program created by this Act: Provided, That (a) any such revocation may be effected only by means of a writing filed with the Director of the Administrative Office of the United States Courts, (b) any such writing shall be deemed to have become effective no sooner than the date upon which that writing is received by the Director, (c) upon receipt of such a writing by the Director, any and all rights to survivorship benefits for such judicial official's survivors shall terminate, and all amounts credited to such judicial official's individual account, together with interest at 3 percent per annum, compounded on December 31 of each year to that date of revocation, shall thereafter be returned to that judicial official in a lump-sum refund payment, and (d) any judicial official who effects such a revocation and who subsequently again becomes eligible and elects to join the judicial survivors annuities program created by this Act under the provisions of section 376 of title 28, United States Code, as amended by this Act, shall be permitted to do so only upon the redeposit of the full amount of the refund obtained under this section plus interest at 3 percent per annum, compounded on December 31 of each year from the date of the revocation until the date upon which that amount is redeposited. Any judicial official who fails to effect a revocation in accordance with the right conferred by this section within one hundred and eighty days after the date upon which this Act becomes effective shall be deemed to have irrevocably waived the right to that revocation. Effective date. SEC. 8. That this Act shall become effective on the first day of the 28 USC 376 note, third month following the month in which it is enacted, or on October 1, 1976, whichever occurs last. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1604 (Comm. on the Judiciary). SENATE REPORT No. 94-799 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): June 22, considered and passed Senate. Sept. 29, considered and passed House, amended. Oct. 1, Senate concurred m House amendments.

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90 STAT. 2613

Public Law 94-555 94th Congress An Act To amend the Rail Passenger Service Act to provide financing for the National Railroad Passenger Corporation, to amend the Regional Rail Reorganization Act of 1973 to increase the amount of loan authority under section 211(Ii)(1) of such Act, and for other purposes. Be it cna^'ted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, d i v i d e d i n to titles and s e c t i o n s a c c o r d i n g to the following t a b l e of c o n t e n t s, may be c i t e d a s the " R a i l Transportation Improvement Act'*. ' -^ 1 £TITLE I—AMTKAK IMPROVEMENT Sec. 101. Short title. Sec. 102. Authorization of appropriations. Sec. 103. Board membership. Sec. 104. Security guards. Sec. 105. Waste disposal. Sec. 106. Through routes and joint fares. Sec. 107. Cost computation. Sec. lOH. Hours of food service.

Uct. 19, 1976 [S. 3131]

Rail Transportation Improve™^"L^^1', 45 ug(^ 501 note.

TITLE II—RAIL AMENDMENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. Short title. 202. Rail marine freight service; options. 203. Loans for payment of obligations. 204. Protection of employees' pension benefits. 205. Evidentiary use of certain determinations; reimbursement for rail service. 206. Authority of the Interstate Commerce Commission. 207. Replacement operators. 208. Collective bargaining and FELA claims. 209. P^mployee displacement allowance. 210. Noncontract employees. 211. United States Railway Association Board membership. 212. Financial assistance. 213. Priority of redeemable preference shares. 214. Redemption payments and interest rate. 215. Obligation guarantees. 216. Rehabilitation and financing amendments. 217. Northeast Corridor acquisitions. 218. Discontinuance and abandonment procedures. 219. Preservation of historical rail facilities. 220. Technical amendments. TITLE III—GENERAL PROVISIONS

Sec. 301. Environmental study. Sec. 302. Delmarva rail study. Sec. 303. Effective date. TITLE:

I—A.AITRAK

IMPROVEMENT

Amtrak improve-

ment Act of 1976. SHORT T I T I J i

SEC. 101. T h i s title may b e c i t e d a s the " A m t r a k Improvement Act 45 USC 501 note, of 1976". AUTHORIZATION OF APPROPRIATIONS

SEC. 102. (a) S e c t i o n 6 0 1 (a) of the R a i l P a s s e n g e r Service Act ( 4 5 U.S.C. 6 0 1 (a)) is amended by striking o u t the s e c o n d and t h i r d s e n -

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 90 STAT. 2614

45 USC 563.

,.

45 USC 602.

V .:

PUBLIC LAW 94-555—OCT. 19, 1976 tences thereof and inserting in lieu thereof the following: "There are authorized to be appropriated to the Secretary for the benefit of the Corporation—• "(1) for the payment of operating expenses for the basic system, except for the additional expenses that are to be paid from funds authorized by clause (3) of this sentence, and for operating and capital expenses of rail passenger service provided pursuant to section 403(b) of this Act, not to exceed $350,000,000 for the fiscal year ending June 30, 1976, not to exceed $105,000,000 for the transitional fiscal period ending September 30, 1976, not to exceed $130,000,000 for the fiscal year ending September 30, 1977, and not to exceed $470,000,000 for the fiscal year ending September 30, 1978; "(2) for the payment of the costs of capital acquisitions or improvements of the basic system, not to exceed $110,000,000 for the fiscal year ending June 30, 1976, not to exceed $25,000,000 for the transitional fiscal period ending September 30, 1976, not to exceed $130,000,000 for the fiscal year ending September 30, 1977, and not to exceed $130,000,000 for the fiscal year ending September 30, 1978; "(3) for the payment of the additional operating expenses of the Corporation which result from the operation, maintenance, and ownership or control of the Northeast Corridor, pursuant to title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seq.), not to exceed a total amount of $68,000,000 for the transitional fiscal period ending September 30, 1976, and the fiscal year ending September 30, 1977, and not to exceed $75,000,000 for the fiscal year ending September 30, 1978; and " "(4) for the payment of the principal amount of obligations (other than leases) of the Corporation which are guaranteed by the Secretary pursuant to section 602 of this Act, not to exceed $25,000,000 for the fiscal year ending September 30, 1978. Not more than $25,000,000 of the amounts authorized by clause (1) of the preceding sentence for the fiscal year ending June 30, 1976; not more than $7,000,000 of the amounts so authorized for the transitional fiscal period ending September 30, 1976, not more than $35,000,000 of the amounts so authorized for the fiscal year ending September 30, 1977, and not more than $40,000,000 of the amounts so authorized for the fiscal year ending September 30, 1978, shall be available for payment of rail passenger service operating and capital expenses, pursuant to section 403(b) of this Act.". (b) Section 601(a) of the Rail Passenger Service Act (45 U.S.C. 601 (a)) is further amended— (1) by inserting " (1) " immediately after '"(a)"; and (2) by adding at the end thereof the following new paragraph: "(2) Funds appropriated for capital grants pursuant to this section (other than subsection (a)(4)) shall be paid to the Corporation in each fiscal quarter, and such grants may be used by the Corporation for temporary reduction of outstanding loan balances, including loans guaranteed by the Secretary pursuant to section 602 of this Act.". (c) Section 602(d) of the Rail Passenger Service Act (45 U.S.C. 602(d)) is amended by inserting immediately after the first sentence thereof the following new sentence: "Such $900,000,000 maximum shall be reduced by an amount equal to the total principal amount of such securities, obligations, or loans paid by the Corporation from

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 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2615

funds made available pursuant to clause (4) of section 601(a) of this Act". 45 USC 601. BOARD MEMBERSHIP

SEC. 103. Section 303(a)(1) of the Kail Passenger Service Act (45 U.S.C. 543 (a)(1)) is amended— (1) by striking out the period at the end of subparagraph (A) thereof and inserting in lieu thereof ", and the President of the Corporation, ex officio."; and (2) by striking out "Nine" in subparagraph (B) thereof and inserting in lieu thereof "Eight". SECURITY GUARDS

SEC. 104. Section 305 of the Rail Passenger Service Act (45 U.S.C. 545) is amended by adding at the end thereof the following new subsection: "(i) The Corporation is authorized to employ security guards for purposes of providing security and protection for rail passengers of the Corporation and for rail properties owned by the Corporation. Security guards employed by the Corporation who have complied with the provisions of any State law setting forth licensing, residency, or related requirements applicable to security guards or persons employed in similar positions may be employed without regard to the provisions of any other State's laws setting forth such requirements.". WASTE DISPOSAL

SEC. 105. Section 306(i) of the Rail Passenger Service Act (45 U.S.C. 546(i)) is amended by inserting "waste disposal from" immediately after "shall not apply to". THROUGH R O U T E S AND JOINT FARES

SEC. 106. Section 306 of the Rail Passenger Service Act (45 U.S.C. 546) is amended by adding at the end thereof the following two new subsections: " (j)(l) The establishment of through routes and joint fares, between the National Railroad Passenger Corporation and other intercity common carriers of passengers by rail and motor carriers of passengers, is consistent with the public interest and the national transportation policy. The Congress encourages the making of such arrangements. "(2) The Corporation may establish through routes and joint fares with any motor carrier. "(k) The Commission shall, by September 30, 1977, conduct and Study, transmit to the Congress a study of through routes and joint fares transmittal between the Corporation and other intercity common carriers by rail *° Congress, and motor carriers of passengers. Such study shall include, but not be limited to— "(1) a history of through route and joint fare arrangements between motor carriers of passengers and carriers of passengers by rail; "(2) laws and regulations presently applicable or related to such through route and joint fare arrangements; ^ "(3) analysis of the need for intermodal terminals, through ticketing and baggage handling arrangements, and the means by which such needs should be met;

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 90 STAT. 2616

PUBLIC LAW 94-555—OCT. 19, 1976 "(4) the extent to which any existing arrangements have improved or lessened, or might improve or lessen, the adequacy of service and passenger convenience; "(5) methods of formulating joint fares and divisions thereof; "(6) views of the Corporation, other intercity common carriers by rail and of organizations representing intercity bus operators; and "(7) recommendations relative to the establishment of through routes and joint fares between railroads and motor carriers of passengers, including any recommendations for legislation.". COST COMPUTATION

Contract.

SEC. 107. Section 403(b) of the Rail Passenger Service Act (45 U.S.C. 563(b)) is amended— (1) in paragraph (1), by adding at the end thereof the following new sentence: "Any decisions which are likely to have a significant effect on the scheduling, marketing, or operations of the service provided pursuant to this section shall be made by contract or other agreement between the Corporation and the State or agency which is obligated to reimburse the Corporation for all or part of the operating loss, and associated capital costs, of such service."; (2) in paragraph (1), by striking out "total operating losses" in the second sentence thereof and inserting in lieu thereof "solely related costs"; and (3) in paragraph (3), by striking out "total" the first place it appears and inserting in lieu thereof "solely related costs and associated capital". HOURS OF FOOD SERVICE

SEC. 108. Section 801(a) of the Rail Passenger Service Act (45 U.S.C. 641(a)) is amended by inserting immediately after the first sentence thereof the following new sentence: "No regulation issued by the Commission under this section shall require the Corporation or any railroad providing intercity rail passenger service to provide food service other than during customary dining hours.". Rail Amendments of 1976. 45 USC 701 note.

TITLE II—RAIL AMENDMENTS SHORT TITLE

SEC. 201. This title may be cited as the "Rail Amendments of 1976". RAIL MARINE FREIGHT SERVICE; OPTIONS

SEC. 202. (a) The last sentence of section 206(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(d)(5)) is amended by inserting immediately after "passenger service" the following: "or for purposes of providing rail marine freight floating service". (b) Section 303(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(c)) is amended by adding at the end thereof the following new paragraph: "(6) Whenever the Corporation exercises an option to acquire, or acquires, interests in rail marine freight floating equipment pursuant to the recommendations of the final system plan, and the Corporation

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 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2617

thereafter makes such floating equipment available to a profitable railroad operating in the region, a State, or a responsible person including a government e n t i t y), the United States shall indemnify— " (A) the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against it, with respect to such equipment, under paragraph (2) of this subsection; and " (B) such profitable railroad, State, or responsible person against any costs or liabilities imposed thereon as the result of any judgment entered agaiiist such profitable railroads, State, or responsible person under paragraph (3) of this subsection, plus interest on the amount of such judgment at such rate as is constitutionally required.". (c) Section 2 0 6 (d)(7) of the Eegional Eail Reorganization Act of 1973 (45 U.S.C. 716(d)(7)) is amended by inserting immediately after "acquisition" the following: "by the Corporation pursuant to the final system plan". LOANS FOR P A Y M E N T OF OBLIGATIONS

SEC. 203. (a) Section 211(h)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721 (h)(1)) is amended to read as follows: "(h)

LOANS FOR P A Y M E N T OF OBLIGATIONS.— (1)(A)

The

Associa-

tion is authorized, subject to the limitations set forth in section 210(b) of this title, to enter into loan agreements, in amounts not to exceed, at any given time, $350,000,000 in the aggregate principal amount, with the Corporation, the National Railroad Passenger Corporation, and any profitable railroad to which rail properties are transferred or conveyed pursuant to section 303(b)(1) of this Act, under which the Corporation, the National Railroad Passenger Corporation, and any profitable railroad entering into such agreement will agree to meet existing or prospective obligations of the railroads in reorganization in the region which the Association, in accordance with procedures established by the Association, determines should be paid by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad, on behalf of such railroads in reorganization, in order to avoid disruptions in ordinary business relationships. Such obligations shall be limited to— " (i) amounts claimed by suppliers (including private car lines) of materials or services utilized or purchased in current rail operations; " ( i i) claims by shippers arising from current rail services; " ( i i i) payments to railroads for settlement of current interline accounts and all other current accounts and obligations; " ( i v) claims of employees arising under the collective-bargaini n g agreements of the railroads in reorganization in the region and subject to section 3 of the Railway Labor Act (including claims for accrued vacation and wages and similar claims arising in connection with labor and services performed); " (v) claims of all employees or their personal representatives for personal injuries or death and subject to the provisions of Employers' Liability Act (45 U.S.C. 5 1 - 6 0); " ( v i) amounts required for adequate funding of accrued pension benefits existing at the time of a conveyance or discontinuance of service under employee pension benefit plans described in section 505(a) of this Act;

Post, p. 2620.

45 USC 743.

45 USC 153.

45 USC 775.

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