28 U.S.C. § 3908 — Definitions

Page 670 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3903 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3903. Effect of failure to issue regulations In any proceeding under section 1296 or 1346(g) of this title, if the President, the designee of the President, or the Federal Labor Relations Au- thority has not issued a regulation on a matter for which chapter 5 of title 3 requires a regula- tion to be issued, the court shall apply, to the extent necessary and appropriate, the most rel- evant substantive executive agency regulation promulgated to implement the statutory provi- sion at issue in the proceeding. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3904. Expedited review of certain appeals (a) IN GENERAL.—An appeal may be taken di- rectly to the Supreme Court of the United States from any interlocutory or final judg- ment, decree, or order of a court upon the con- stitutionality of any provision of chapter 5 of title 3. (b) JURISDICTION.—The Supreme Court shall, if it has not previously ruled on the question, ac- cept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the dock- et, and expedite the appeal to the greatest ex- tent possible. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3905. Attorney’s fees and interest (a) ATTORNEY’S FEES.—If a covered employee, with respect to any claim under chapter 5 of title 3, or a qualified person with a disability, with respect to any claim under section 421 of title 3, is a prevailing party in any proceeding under section 1296 or section 1346(g), the court may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964. (b) INTEREST.—In any proceeding under section 1296 or section 1346(g), the same interest to com- pensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964. (c) PUNITIVE DAMAGES.—Except as otherwise provided in chapter 5 of title 3, no punitive dam- ages may be awarded with respect to any claim under chapter 5 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) Editorial Notes REFERENCES IN TEXT Sections 706 and 717 of the Civil Rights Act of 1964, re- ferred to in subsecs. (a) and (b), are classified to sec- tions 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3906. Payments A judgment, award, or compromise settlement against the United States under this chapter (in- cluding any interest and costs) shall be paid— (1) under section 1304 of title 31, if it arises out of an action commenced in a district court of the United States (or any appeal there- from); or (2) out of amounts otherwise appropriated or available to the office involved, if it arises out of an appeal from an administrative pro- ceeding under chapter 5 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3907. Other judicial review prohibited Except as expressly authorized by this chapter and chapter 5 of title 3, the compliance or non- compliance with the provisions of chapter 5 of title 3, and any action taken pursuant to chap- ter 5 of title 3, shall not be subject to judicial re- view. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. § 3908. Definitions For purposes of applying this chapter, the terms ‘‘employing office’’ and ‘‘covered em- ployee’’ have the meanings given those terms in section 401 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title. Page 671 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 4001 CHAPTER 180—ASSUMPTION OF CERTAIN CONTRACTUAL OBLIGATIONS Sec. 4001. Assumption of contractual obligations re- lated to transfers of rights in motion pic- tures. § 4001. Assumption of contractual obligations re- lated to transfers of rights in motion pictures (a) ASSUMPTION OF OBLIGATIONS.—(1) In the case of a transfer of copyright ownership under United States law in a motion picture (as the terms ‘‘transfer of copyright ownership’’ and ‘‘motion picture’’ are defined in section 101 of title 17) that is produced subject to 1 or more collective bargaining agreements negotiated under the laws of the United States, if the trans- fer is executed on or after the effective date of this chapter and is not limited to public per- formance rights, the transfer instrument shall be deemed to incorporate the assumption agree- ments applicable to the copyright ownership being transferred that are required by the appli- cable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obli- gations, as those obligations and remedies are set forth in the applicable collective bargaining agreement, if— (A) the transferee knows or has reason to know at the time of the transfer that such col- lective bargaining agreement was or will be applicable to the motion picture; or (B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial abil- ity to satisfy the award within 90 days after the order is issued. (2) For purposes of paragraph (1)(A), ‘‘knows or has reason to know’’ means any of the following: (A) Actual knowledge that the collective bargaining agreement was or will be applica- ble to the motion picture. (B)(i) Constructive knowledge that the col- lective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copy- right in the motion picture under section 205 of title 17 or from publication, at a site avail- able to the public on-line that is operated by the relevant union, of information that identi- fies the motion picture as subject to a collec- tive bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the informa- tion was available for access. (ii) Clause (i) applies only if the transfer re- ferred to in subsection (a)(1) occurs— (I) after the motion picture is completed, or (II) before the motion picture is completed and— (aa) within 18 months before the filing of an application for copyright registration for the motion picture under section 408 of title 17, or (bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States. (C) Awareness of other facts and cir- cumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applica- ble to the motion picture. (b) SCOPE OF EXCLUSION OF TRANSFERS OF PUB- LIC PERFORMANCE RIGHTS.—For purposes of this section, the exclusion under subsection (a) of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broad- cast station, cable system, or programmer to the extent that the station, system, or pro- grammer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. When a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning other- wise as a distributor or as a producer of the mo- tion picture, the public performance exclusion does not affect any obligations imposed on the transferee to the extent that it is engaging in such functions. (c) EXCLUSION FOR GRANTS OF SECURITY INTER- ESTS.—Subsection (a) shall not apply to— (1) a transfer of copyright ownership con- sisting solely of a mortgage, hypothecation, or other security interest; or (2) a subsequent transfer of the copyright ownership secured by the security interest de- scribed in paragraph (1) by or under the au- thority of the secured party, including a trans- fer through the exercise of the secured party’s rights or remedies as a secured party, or by a subsequent transferee. The exclusion under this subsection shall not af- fect any rights or remedies under law or con- tract. (d) DEFERRAL PENDING RESOLUTION OF BONA FIDE DISPUTE.—A transferee on which obliga- tions are imposed under subsection (a) by virtue of paragraph (1) of that subsection may elect to defer performance of such obligations that are subject to a bona fide dispute between a union and a prior transferor until that dispute is re- solved, except that such deferral shall not stay accrual of any union claims due under an appli- cable collective bargaining agreement. (e) SCOPE OF OBLIGATIONS DETERMINED BY PRI- VATE AGREEMENT.—Nothing in this section shall expand or diminish the rights, obligations, or remedies of any person under the collective bar- gaining agreements or assumption agreements referred to in this section. (f) FAILURE TO NOTIFY.—If the transferor under subsection (a) fails to notify the trans- feree under subsection (a) of applicable collec- tive bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by vir- tue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suf-