to award costs or attorneys’ fees to a prevailing party pursuant to section 505 of this title, the district court may in its discretion take into account, among other relevant factors, whether the nonprevailing party had the option and could have chosen to proceed before the Copyright Claims Board in lieu of the district court. (c) Alternative dispute resolution process The Copyright Claims Board shall qualify as an alternative dispute resolution process under section 651 of title 28 for purposes of referral of eligible cases by United States district courts upon consent of the parties. 1409. Implementation by Copyright Office (a) Regulations (1) Implementation generally The Register of Copyrights shall establish regulations to implement the Copyright Claims Board as contemplated by this chapter, including the establishment of the fees prescribed by sections 1405(e)(3) and 1405(w), which authority shall not limit the Register’s more general authority to establish fees for services in accordance with section 708 of this title. All fees received by the Copyright Office in connection with the activities under this chapter shall be deposited by the Register and credited to the appropriations for necessary expenses of the Office in accordance with section 708(d) of this title. (2) Limits on monetary relief The Register may conduct a rulemaking to adjust the limits on monetary recovery or attorneys’ fees and costs that may be awarded under this chapter to further the goals of the Copyright Claims Board: Provided, however , That any resulting rule that makes such an adjustment shall become effective at the end of a period of 120 days after the rule is submitted to Congress and only if Congress does not enact a law within such 120-day period that provides in substance that Congress does not approve of the new rule. (b) Necessary facilities Subject to applicable law, the Register of Copyrights may retain outside vendors to establish Internet-based, teleconferencing and other facilities required to operate the Copyright