Page:United States Statutes at Large Volume 118.djvu/2376

 118 STAT. 2346 PUBLIC LAW 108–419—NOV. 30, 2004 of Personnel Management pursuant to its authority under sec tion 5376(b)(1) of title 5. ‘‘(2) STAFF MEMBERS.—Of the staff members appointed under subsection (b)— ‘‘(A) the rate of pay of 1 staff member shall be not more than the basic rate of pay payable for level 10 of GS–15 of the General Schedule; ‘‘(B) the rate of pay of 1 staff member shall be not less than the basic rate of pay payable for GS–13 of the General Schedule and not more than the basic rate of pay payable for level 10 of GS–14 of such Schedule; and ‘‘(C) the rate of pay for the third staff member shall be not less than the basic rate of pay payable for GS– 8 of the General Schedule and not more than the basic rate of pay payable for level 10 of GS–11 of such Schedule. ‘‘(3) LOCALITY PAY.—All rates of pay referred to under this subsection shall include locality pay. ‘‘(f) INDEPENDENCE OF COPYRIGHT ROYALTY JUDGE.— ‘‘(1) IN MAKING DETERMINATIONS.— ‘‘(A) IN GENERAL.—(i) Subject to clause (ii) of this subparagraph and subparagraph (B), the Copyright Royalty Judges shall have full independence in making determina tions concerning adjustments and determinations of copy right royalty rates and terms, the distribution of copyright royalties, the acceptance or rejection of royalty claims, rate adjustment petitions, and petitions to participate, and in issuing other rulings under this title, except that the Copy right Royalty Judges may consult with the Register of Copyrights on any matter other than a question of fact. ‘‘(ii) A Copyright Royalty Judge or Judges, or, by motion to the Copyright Royalty Judge or Judges, any participant in a proceeding may request an interpretation by the Register of Copyrights concerning any material ques tion of substantive law (not including questions of proce dure before the Copyright Royalty Judges, the ultimate adjustments and determinations of copyright royalty rates and terms, the ultimate distribution of copyright royalties, or the acceptance or rejection of royalty claims, rate adjust ment petitions, or petitions to participate) concerning an interpretation or construction of those provisions of this title that are the subject of the proceeding. Any such request for a written interpretation by the Register of Copyrights shall be on the record. Reasonable provision shall be made for comment by the participants in the proceeding on the material question of substantive law in such a way as to minimize duplication and delay. Except as provided in subparagraph (B), the Register of Copyrights shall deliver to the Copyright Royalty Judges a response within 14 days after the Register of Copyrigts receives all of the briefs or comments of the participants. Such decision shall be in writing and shall be included by the Copyright Royalty Judges in the record that accompanies their final determination. If such a decision is timely deliv ered to the Copyright Royalty Judges, the Copyright Roy alty Judges shall apply the legal interpretation embodied in the response of the Register of Copyrights in resolving material questions of substantive law. Records. Deadline.

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