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Hiring of General Counsel

On November 29, 1984 the Tribunal placed ads in the Washington Post (appeared December 2, 1984) and the Washington Times ( appeared December 3-9, 1984) for the position of General Counsel and received over 50 resumes. These resumes are on file in the Tribunal office. After reviewing all the resumes, the Tribunal selected 10 applicants from those submitted and began interviewing on January 3, 1985 and subsequently narrowed the list to 5 applicants. By majority vote of the commissioners on February 5, 1985, the Tribunal selected Mr. Robert Cassler as its General Counsel. Mr. Cassler's technical legal adice has already improved the quality of the Tribunal's responsibilitiess under the copyright Act. Attached, for the record, are the newspaper ads placed for the position.

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COPYWRITING TEST

EWE&A, Dept. RD 8330 Old Court House Rd. Suite 700, Vienna, Va. 22180. NO CALLS PLEASE

ATTORNEY The Copyright Rovalty Tribunal an independent Federal Agency is seeking a General Counsel. Attorney must have communica. tions. copyright, regulatory agency, and/or legislative (Hill) experience. Send resume & sal. ary requirements to: SUITE 450, 1111 20TH ST., N.W. WASHINGTON, DC. 20036

By December 14, 1984 PLEASE DO NOT CALL!

E.O.E MEMV

Mr. MORRISON. Thank you, Mr. Chairman. Mr. KASTENMEIER. The gentleman from Georgia. Mr. SWINDALL. Yes. I just have one question, Ms. Hall. On page 14 of your testimony there appears a fiscal year 1986 budget request. I would just like an itemization of the individual components comprising the “Personnel Benefits" section.

Ms. Hall. There is the breakdown of the budget on appendix B of the appendices. Is that adequate, Mr. Swindall, or do you need more?

Mr. SWINDALL. I don't have that. Ms. Hall. I believe I see it, sir. Appendix B is page 14. Is that to what you are referring to?

Mr. SWINDALL. No, that is not adequate. That is specifically what I am asking you about.

Ms. HALL. OK. Could you tell me again exactly what you need? Mr. SWINDALL. All right. On line item “Personnel Benefits," $71,500 for the fiscal year 1986 request.

Ms. HALL. Yes.

Mr. SWINDALL. My question is, What are the individual components comprising those personnel benefits?

Ms. HALL. May I respond to you in writing on that, sir? Mr. SWINDALL. Sure. Ms. HALL. It represents the Social Security contributions, and FICA, and the like, but I don't have it readily in my head.

Mr. SWINDALL. What in addition to Federal retirement and FICA would there be there?

Ms. Hall. That I will have to check for you, sir. I will be glad to provide that for you. I have to verify it.

[The information submitted by the Copyright Royalty Tribunal follows:)

PERSONNEL BENEFITS RATES After consultation with the Library of Congress Budget Office, the Personnel Benefit FY 86 request amount ($71,500) was calculated for each employee as follows:

1. Current employees:

a. 11.45% of salaries up to $40,500. This rate applies to one Commissioner (Ray), the General Counsel, and two staff assistants.

b. 10.00% of salaries over $40,500. This rate applies to one Commissioner and the General Counsel.

2. New employees to the Federal Government (as defined by P.L. 98-21):

a. 17.15% of salaries up to $40,500. This rate applies to two sitting commissioners (Aguero & Hall), the two commissioner vacancies, one staff assistant, and two staff assistant vacancies.

b. 10.00% of salaries over $40,500. This rate applies to four commissioner positions.

Personnel Benefits include only the employer costs for Civil Service Retirement, FICA, life insurance, and health insurance.

Mr. SWINDALL. I yield.

Mr. KASTENMEIER. The gentleman from Virginia, Mr. Boucher, is recognized.

Mr. BOUCHER. Thank you, Mr. Chairman.

Ms. Hall, I think the appropriateness of this subcommittee inquiring into your views, or what may not be your views, but the views as expressed in Foundations of Sand has already been established. And I was very pleased to hear you say that those, in fact, were not your views. But I really wonder just how you feel about

the views that were expressed. They are very inappropriate from my point of view. And are they repugnant to you, or do you strongly disassociate yourself from these expressions?

Ms. Hall. I understand your concern, and I agree with you they are expressions which are very repugnant. They are not my views and, as a layperson, they are repugnant to me as well. However, Dr. Hafstad had indicated that he wished to express them. I had indicated at the time that I felt it would probably be ill-advised to publish them. However, in my limited capacity, that was all I could do.

I was into the project; I completed the job. I believe in finishing what you start. I expressed my opinions, and he proceeded to publish, as is his right as a citizen of America to publish his views.

Mr. BOUCHER. So you are saying that you told him prior to publication and prior to your participation with him in the project-

Ms. Hall. No, not prior to my participation in the project, as we were into the project. I was well into the project before many of these ideas surfaced.

Mr. BOUCHER. Well, at what point did you express to him your difference with the views that he was expressing?

Ms. Hall. At the point where we were trying-he was trying to decide whether or not to publish it.

Mr. BOUCHER. And you did tell him that you disagreed with his opinions?

Ms. HALL. Yes; I told him I thought it would be ill-advised to publish it.

Mr. BOUCHER. And if I understand you correctly, you are saying that these views to you are repugnant. Is that the term you used?

Ms. HALL. It is-yes.

Mr. BOUCHER. Quite a bit of furor has been raised with regard to your participation in the effort to publish Foundations of Sand, and some of that furor quite well might continue. That being the case, do you feel that you are in a position to effectively administer the Copyright Royalty Tribunal, and can you implement the reforms that you have said are so badly needed?

Ms. Hall. I have been working very hard toward that end. That is why it is clearly my feeling that, that the sentiments over Foundations of Sand should be directed toward Dr. Hafstad. He has indicated very strongly that, in his letter which he has sent to Mr. West, if I might take a minute to read it.

Mr. BOUCHER. Well, let me defer you from that. My primary concern is whether or not, given the furor that has been expressed over your participation in the project, you have the confidence of your Commissioners and the confidence of your staff, and the ability to effectively lead the agency. What is your response to that?

Ms. Hall. I wish I had the responsibility to lead the agency. The way the agency is presently structured I am not leading it, because the chairman does not lead. The chairman is just another Commissioner. I feel very confident that I can carry out the reforms that are necessary for this agency. I am studying very hard to that end, and I will continue to do so.

I don't think that this situation should be distracting me from my job. I have made my statements very clear to the public that my position was an editor, that my job was ministerial, that Dr.

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