; or (B) the claimant’s claim is dismissed for failure to prosecute pursuant to subsection (u)(2), unless inconsistent with the interests of justice, the Copyright Claims Board shall in such determination award reasonable attorneys’ fees and costs to any adversely affected party or parties in a total amount not to exceed $5,000: Provided, however , that if an adversely affected party appeared pro se in the proceeding, the award to that party shall be of costs only and no more than $2,500. (3) If it is established that on more than one occasion within a 12 month period a party pursued a claim, counterclaim or defense before the Board for a harassing or other improper purpose, or without reasonable basis in law or fact, such party shall be barred from initiating a claim before the Board for a period of 12 months. (y) Notwithstanding anything to the contrary in this chapter, the Register of Copyrights may promulgate regulations allowing for the disposition of any claim in which total damages sought are $5,000 or less (exclusive of attorneys’ fees and costs). At a minimum, any such regulations shall provide— (1) for one copyright claims officer to consider and issue a determination with regard to the claim