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the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access.

(ii) Clause (i) applies only if the transfer referred 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 circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture.

(b) SCOPE OF EXCLUSION OF TRANSFERS OF PUBLIC 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 broadcast station, cable system, or programmer to the extent that the station, system, or programmer 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 otherwise as a distributor or as a producer of the motion 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 INTERESTS.-Subsection (a) shall not apply to

(1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or

(2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer 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 affect any rights or remedies under law or contract.

(d) DEFERRAL PENDING RESOLUTION OF BONA FIDE DISPUTE.A transferee on which obligations 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 resolved, except that such deferral shall not stay accrual of any union claims due under an applicable collective bargaining agreement.

(e) SCOPE OF OBLIGATIONS DETERMINED BY PRIVATE 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 transferee under subsection (a) of applicable collective bargaining obligations before the execution of the transfer instrument, and subsection (a) is made applicable to the transferee solely by virtue of subsection (a)(1)(B), the transferor shall be liable to the transferee for any damages suffered by the transferee as a result of the failure to notify.

(g) DETERMINATION OF DISPUTES AND CLAIMS.-Any dispute concerning the application of subsections (a) through (f) shall be determined by an action in United States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorney's fee to the prevailing party as part of the costs.

(h) STUDY.-The Comptroller General, in consultation with the Register of Copyrights, shall conduct a study of the conditions in the motion picture industry that gave rise to this section, and the impact of this section on the motion picture industry. The Comptroller General shall report the findings of the study to the Congress within 2 years after the effective date of this chapter.

TELECOMMUNICATIONS ACCESSIBILITY

ENHANCEMENT ACT OF 1988

[Public Law 100-542, Approved October 28, 1988]

AN ACT To expand our national telecommunications system for the benefit of the
hearing-impaired and speech-impaired populations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. [40 U.S.C. 762 note] SHORT TITLE.

This Act may be cited as the "Telecommunications Accessibility Enhancement Act of 1988".

SEC. 2. [40 U.S.C. 762] DEFINITIONS.

As used in this Act

(1) The term "TDD" means a Telecommunications Device for the Deaf, a machine which employs graphic communications in the transmission of coded signals through the nationwide telecommunications system.

(2) The term "Federal agency" has the meaning given such term by section 3(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(b)).

SEC. 3. [40 U.S.C. 762a] FEDERAL TELECOMMUNICATIONS SYSTEM REQUIREMENTS.

(a) ACCESSIBILITY OF TELECOMMUNICATIONS SYSTEMS.-The Administrator of General Services, after consultation with the Architectural and Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected Federal agencies, shall, by regulation, take such actions in accordance with this section as may be necessary to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals, including Federal employees, for communications with and within Federal agencies.

(b) SPECIFIC REQUIREMENT.-In carrying out subsection (a), the Administrator shall

(1) provide for the continuation of the existing Federal relay system for users of TDD's;

(2) within 90 days after the date of enactment of this Act, expand such relay system by employing at least one additional operator;

(3) within 180 days after such date of enactment

(A) conduct, as part of the rulemaking proceeding required by subsection (a), an analysis of modifications to the Federal telecommunications system that the Administrator, in his discretion, determines to be necessary to achieve the objectives of subsection (a); and

(B) submit a report on the results of such analysis to each House of the Congress;

(4) within 180 days after completion of such analysis, prescribe the regulations required by subsection (a);

(5) assemble, publish, and maintain a directory of TDD and other devices used by Federal agencies to comply with such regulations, and publish, in Federal agency directories, access numbers of TDD's and such other devices; and

(6) after consultation with the Architectural and Transportation Barriers Compliance Board, adopt the design of a standard logo to signify the presence of a TDD or other device used by a Federal agency to comply with such regulations.

(c) CONGRESSIONAL OVERSIGHT.-The Administrator shall not prescribe the regulation required by subsection (a) before the end of the 90-day period beginning on the date the Administrator submits the report required by subsection (b)(3)(B).

SEC. 4. [40 U.S.C. 762b] ADDITIONAL REQUIREMENTS.

(a) SUPPORT FOR RESEARCH.-The Administrator shall, in consultation with the Federal Communications Commission, seek to promote research by Federal agencies, State agencies, and private entities to reduce the cost and improve the capabilities of telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals.

DEVELOP

(b) PLANNING TO ASSIMILATE TECHNOLOGICAL MENTS. The Administrator, in planning future alterations to and modifications of the Federal telecommunications system, shall take into account results of the analysis required by section 3(b)(3) and any technological improvements in telecommunications devices and systems that provide accessibility to hearing-impaired and speechimpaired individuals.

SEC. 5. [40 U.S.C. 762c] INQUIRY REGARDING INTERSTATE TDD RELAY SYSTEM.

The Federal Communications Commission shall, within 9 months after the date of enactment of this Act, complete its existing inquiry regarding an interstate relay system for users of TDD's. SEC. 6. [40 U.S.C. 762d] TDD INSTALLATION BY CONGRESS.

As soon as practicable, each House of the Congress shall establish a policy under which Members of the House of Representatives and the Senate, as the case may be, may obtain TDD's for use in communicating with hearing-impaired and speech-impaired individuals, and for the use of hearing-impaired and speech-impaired employees.

Sec.

TITLE 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 55-NATIONAL ENVIRONMENTAL POLICY

(§§ 4321-4361)

4321. Congressional declaration of purpose.

SUBCHAPTER I-POLICIES AND GOALS

4331. Congressional declaration of national environmental policy.

4332. Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts.

4333. Conformity of administrative procedures to national environmental policy. 4334. Other statutory obligations of agencies.

4335. Efforts supplemental to existing authorizations.

§ 4321. Congressional declaration of purpose

The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

§ 4331. Congressional declaration of national environmental policy

(a) The Congress, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.

(b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation

may

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