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FILE: f-191036 UATE: AUicust 19, 1982
MAr'F ,FI OF: Copyright floyalty Tribunal - Service
of Commissioners Beyond End of Term
DIGEST: Commissioners of Copyright Royalty
Tribunal may not continue to serve
beyond the expLL'ation of their terns
of office since there is no specifik
statutory provision authorizing the
commissionert to hold over in office.
This action is in response to a letter dated May 5, 1982,
from Frailces Garcia, Chairman, Cop~right Royalty Tribunal,
questioning whether a commissioner of the T2ribunal
may continue to serve beyond the e'4itation of his term of
office until such time as a new appointment to the office
is made, We have concluded that the provisions of 17 U.S.C.
5 802 (Supp. In 1979) do not authorize a commissioner of
the Tribunal to scrve beyond the expiration of his term cf
office.
The Tribunal was established in 2.976 pursuant to chapter
8 o? Fublic Law 91-553 (October 19, 1976), 90 Stat. 2594, 17
U.SX.C. 5 801-010 (Supp. lIT 1979). It is an independent
agency within the legislative branch, consisting of five
memoors appointed to staggered terms by tre President with
the advice and conq;ent of the Senate.
With L'espect to duration of the commissioners' terms
of office, 17 U.S.C. 5 802(a) provides as follows:
(a) The Tribunal shall be composed
of five commissioners appointed by
the President with the advice and con-
sent of the Senate for a term of seven
years each; of the tLirs five members
appointed, three shall be designated
to' serve for seven years from the date
of the notice [of initial appointments]
specifted in section 801(c), and two
shall be designated to serve for five
years (Loin such date, respectively ***
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