Volume 98 · 3335
Public Law 98–620
To amend title 28. United States Code, with respect to the places where court shall be held in certain judicial districts, and for other purposes.
Approved November 8, 1984
Statutory text
An Act
To amend title 28. United States Code, with respect to the places where court shall be held in certain judicial districts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I
Sec. 101. short title
This title may be cited as the “Trademark Clarification
Act of 1984”.
Sec. 102. amendment to the trademark act
Section 14(c) of the Trademark Act of 1946, commonly known as the Lanham Trademark Act (15 U.S.C. 1064(c)) is amended by adding before the semicolon at the end of such section a period and the following: “A registered mark shall not be deemed to be the common descriptive name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection with which it has been used”.
Sec. 103. definitions
Section 45 of such Act (15 U.S.C. 1127) is amended as follows:
Strike out “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.” and insert in lieu thereof the following; “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”.
Strike out “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.” and insert in lieu thereof the following: “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.”.
Add at the end of subparagraph (b) in the paragraph which begins “A mark shall be deemed to be ‘abandoned’”, the following new sentence: “Purchaser motivation shall not be a test for determining abandonment under this subparagraph.”.
Sec. 104. judgements
Nothing in this title shall be construed to provide a basis for reopening of any final judgment entered prior to the date of enactment of this title.
TITLE II
Sec. 201. short title
This title may be cited as the “State Justice Institute Act of 1984”.
Sec. 202. definitions
As used in this title, the term—
“Board” means the Board of Directors of the Institute;
“Director” means the Executive Director of the Institute;
“Governor” means the Chief Executive Officer of a State;
“Institute” means the State Justice Institute;
“recipient” means any grantee, contractor, or recipient of financial assistance under this title;
“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; and
“Supreme Court” means the highest appellate court within a State unless, for the purposes of this title, a constitutionally or legislatively established judicial council acts in place of that court.
Sec. 203. establishment of institute; duties
There is established a private nonprofit corporation which shall be known as the State Justice Institute. The purpose of the Institute shall be to further the development and adoption of improved judicial administration in State courts in the United States. The Institute may be incorporated in any State pursuant to section 204(a)(6) of this title. To the extent consistent with the provisions of this title, the Institute may exercise the powers conferred upon a nonprofit corporation by the laws of the State in which it is incorporated.
The Institute shall—
direct a national program of assistance designed to assure each person ready access to a fair and effective system of justice by providing funds to—
State courts;
national organizations which support and are supported by State courts; and
any other nonprofit organization that will support and achieve the purposes of this title;
foster coordination and cooperation with the Federal judiciary in areas of mutual concern;
promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and
encourage education for judges and support personnel of State court systems through national and State organizations, including universities.
The Institute shall not duplicate functions adequately performed by existing nonprofit organizations and shall promote, on the part of agencies of State judicial administration, responsibility for the success and effectiveness of State court improvement programs supported by Federal funding.
The Institute shall maintain its principal offices in the State in which it is incorporated and shall maintain therein a designated agent to accept service of process for the Institute. Notice to or service upon the agent shall be deemed notice to or service upon the Institute.
The Institute, and any program assisted by the Institute, shall be eligible to be treated as an organization described in section 170(c)(2)(B) of the Internal Revenue Code of 1954 ( 26 U.S.C. 170(c)(2)(B)) and as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) which is exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)). If such treatments are conferred in accordance with the provisions of such Code, the Institute, and programs assisted by the Institute, shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation.
The Institute shall afford notice and reasonable opportunity for
Federal Register, publication.
comment to interested parties prior to issuing rules, regulations, guidelines, and instructions under this title, and it shall publish in the Federal Register, at least thirty days prior to their effective date, all rules, regulations, guidelines, and instructions.
Sec. 204. board of directors
The Institute shall be supervised by a Board of
Directors, consisting of eleven voting members to be appointed by the President, by and with the advice and consent of the Senate. The Board shall have both judicial and nonjudicial members, and shall, to the extent practicable, have a membership representing a variety of backgrounds and reflecting participation and interest in the administration of justice.
The Board shall consist of—
six judges, to be appointed in the manner provided in paragraph (3);
one State court administrator, to be appointed in the manner provided in paragraph (3); and
four members from the public sector, no more than two of whom shall be of the same political party, to be appointed in the manner provided in paragraph (4).
The President shall appoint six judges and one State court administrator from a list of candidates submitted to the President by the Conference of Chief Justices. The Conference of Chief Justices shall submit a list of at least fourteen individuals, including judges and State court administrators, whom the conference considers best qualified to serve on the Board. Whenever the term of any of the members of the Board described in subparagraphs (A) and (B) terminates and that member is not to be reappointed to a new term, and whenever a vacancy otherwise occurs among those members, the President shall appoint a new member from a list of three qualified individuals submitted to the President by the Conference of Chief Justices. The President may reject any list of individuals submitted by the Conference under this paragraph and, if such a list is so rejected, the President shall request the Conference to submit to him another list of qualified individuals. Prior to consulting with or submitting a list to the President, the Conference of Chief Justices shall obtain and consider the recommendations of all interested organizations and individuals concerned with the administration of justice and the objectives of this title.
In addition to those members appointed under paragraph (3), the President shall appoint four members from the public sector to serve on the Board.
The President shall make the initial appointments of members of the Board under this subsection within ninety days after the effective date of this title. In the case of any other appointment of a member, the President shall make the appointment not later than ninety days after the previous term expires or the vacancy occurs, as the case may be. The Conference of Chief Justices shall submit lists of candidates under paragraph (3) in a timely manner so that the appointments can be made within the time periods specified in this paragraph.
The initial members of the Board of Directors shall be the incorporators of the Institute and shall determine the State in which the Institute is to be incorporated.
Except as provided in paragraph (2), the term of each voting member of the Board shall be three years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified.
Five of the members first appointed by the President shall serve for a term of two years Any member appointed to serve an unexpired term which has arisen by virtue of the death, disability, retirement, or resignation of a member shall be appointed only for such unexpired term, but shall be eligible for reappointment.
The term of initial members shall commence from the date of the first meeting of the Board, and the term of each member other than an initial member shall commence from the date of termination of the preceding term.
No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term.
Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
The members of the Board shall not, by reason of such membership. be considered officers or employees of the United States.
Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the membership present and voting.
The Board shall select from among the voting members of the Board a chairman, the first of whom shall serve for a term of three years. Thereafter, the Board shall annually elect a chairman from among its voting members.
A member of the Board may be removed by a vote of seven members for malfeasance in office, persistent neglect of, or inability to discharge duties, or for any offense involving moral turpitude, but for no other cause.
Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the chairman, acting at his own discretion or pursuant to the petition of any seven members.
All meetings of the Board, any executive committee of the Board, and any council established in connection with this title, shall be open and subject to the requirements and provisions of section 552b of title 5, United States Code, relating to open meetings.
In its direction and supervision of the activities of the Institute, the Board shall—
establish policies and develop such programs for the Institute that will further the achievement of its purpose and performance of its functions;
establish policy and funding priorities and issue rules, regulations, guidelines, and instructions pursuant to such priorities;
appoint and fix the duties of the Executive Director of the Institute, who shall serve at the pleasure of the Board and shall be a nonvoting ex officio member of the Board;
present to other Government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the State judiciaries of the United States, the recommendations of the Institute for the improvement of such programs or activities;
consider and recommend to both public and private agencies aspects of the operation of the State courts of the United States considered worthy of special study; and
award grants and enter into cooperative agreements or contracts pursuant to section 206(a).
Sec. 205. officers and employees
The Director, subject to general policies established
by the Board, shall supervise the activities of persons employed by the Institute and may appoint and remove such employees as he determines necessary to carry out the purposes of the Institute. The Director shall be responsible for the executive and administrative operations of the Institute, and shall perform such duties as are delegated to such Director by the Board and the Institute.
No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Institute, or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this title.
Officers and employees of the Institute shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code.
Except as otherwise specifically provided in this title, the Institute shall not be considered a department, agency, or instrumentality of the Federal Government.
This title does not limit the authority of the Office of Management and Budget to review and submit comments upon the Institute’s annual budget request at the time it is transmitted to the Congress.
Except as provided in paragraph (2), officers and employees of the Institute shall not be considered officers or employees of the United States.
Officers and employees of the Institute shall be considered officers and employees of the United States solely for the purposes of the following provisions of title 5, United States Code: Subchapter 1 of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health
5 USC 8101, 8301 et seq., 8701 et seq., 8901 et seq.
insurance). The Institute shall make contributions under the provisions referred to in this subsection at the same rates applicable to agencies of the Federal Government.
The Institute and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code, relating to freedom of information.
Sec. 206. grants and contracts
The Institute is authorized to award grants and enter into cooperative agreements or contracts, in a manner consistent with subsection (b), in order to—
conduct research, demonstrations, or special projects pertaining to the purposes described in this title, and provide technical assistance and training in support of tests, demonstrations, and special projects;
serve as a clearinghouse and information center, where not otherwise adequately provided, for the preparation, publication, and dissemination of information regarding State judicial systems;
participate in joint projects with other agencies, including the Federal Judicial Center, with respect to the purposes of this title;
evaluate, when appropriate, the programs and projects carried out under this title to determine their impact upon the quality of criminal, civil, and juvenile justice and the extent to which they have met or failed to meet the purposes and policies of this title;
encourage and assist in the furtherance of judicial education;
encourage, assist, and serve in a consulting capacity to State and local justice system agencies in the development, maintenance, and coordination of criminal, civil, and juvenile justice programs and services; and
be responsible for the certification of national programs that are intended to aid and improve State judicial systems.
The Institute is empowered to award grants and enter into cooperative agreements or contracts as follows:
The Institute shall give priority to grants, cooperative agreements, or contracts with—
State and local courts and their agencies,
national nonprofit organizations controlled by, operating in conjunction with, and serving the judicial branches of State governments; and
national nonprofit organizations for the education and training of judges and-support personnel of the judicial branch of State governments.
The Institute may, if the objective can better be served thereby, award grants or enter into cooperative agreements or contracts with—
other nonprofit organizations with expertise in judicial administration;
institutions of higher education;
Education.
individuals, partnerships, firms, or corporations; and
private agencies with expertise in judicial administration.
Upon application by an appropriate Federal. State, or local agency or institution and if the arrangements to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, the Institute may award a grant or enter into a cooperative agreement or contract with a unit of Federal. State, or local government other than a court.
Each application for funding by a State or local court shall be approved, consistent with State law, by the State’s supreme court, or its designated agency or council, which shall receive, administer, and be accountable for all funds awarded by the Institute to such courts.
Funds available pursuant to grants, cooperative agreements, or contracts awarded under this section may be used—
to assist State and local court systems in establishing appropriate procedures for the selection and removal of judges and other court personnel and in determining appropriate levels of compensation;
to support education and training programs for judges and
Education.
other court personnel, for the performance of their general duties and for specialized functions, and to support national and regional conferences and seminars for the dissemination of information on new developments and innovative techniques;
to conduct research on alternative means for using nonjudicial
Research and development.
personnel in court decisionmaking activities, to implement demonstration programs to test innovative approaches, and to conduct evaluations of their effectiveness;
to assist State and local courts in meeting requirements of Federal law applicable to recipients of Federal funds;
to support studies of the appropriateness and efficacy of court organizations and financing structures in particular States, and to enable States to implement plans for improved court organization and finance;
I to support State court planning and budgeting staffs and to provide technical assistance in resource allocation and service forecasting techniques;
to support studies of the adequacy of court management systems in State and local courts and to implement and evaluate innovative responses to problems of record management, data processing, court personnel management, reporting and transcription of court proceedings, and juror utilization and management;
to collect and compile statistical data and other information on the work of the courts and on the work of other agencies which relate to and effect the work of courts;
to conduct studies of the causes of trial and appellate court delay in resolving cases, and to establish and evaluate experimental programs for reducing case processing time;
to develop and test methods for measuring the performance of judges and courts and to conduct experiments in the use of such measures to improve the functioning of such judges and courts;
to support studies of court rules and procedures, discovery devices, and evidentiary standards, to identify problems with the operation of such rules, procedures, devices, and standards, to devise alternative approaches to better reconcile the requirements of due process with the need for swift and certain justice, and to test the utility of those alternative approaches;
to support studies of the outcomes of cases in selected subject matter areas to identify instances in which the substance of justice meted out by the courts diverges from public expectations of fairness, consistency, or equity, to propose alternative approaches to the resolving of cases in problem areas, and to test and evaluate those alternatives;
to support programs to increase court responsiveness to the needs of citizens through citizen education, improvement of court treatment of witnesses, victims, and jurors, and development of procedures for obtaining and using measures of public satisfaction with court processes to improve court performance;
to test and evaluate experimental approaches to providing increased citizen access to justice, including processes which reduce the cost of litigating common grievances and alternative techniques and mechanisms for resolving disputes between citizens; and
to carry out such other programs, consistent with the purposes of this title, as may be deemed appropriate by the Institute.
The Institute shall incorporate in any grant, cooperative agreement, or contract awarded under this section in which a State or local judicial system is the recipient, the requirement that the recipient provide a match, from private or public sources, not less than 50 per centum of the total cost of such grant, cooperative agreement, or contract, except that such requirement may be waived in exceptionally rare circumstances upon the approval of the chief justice of the highest court of the State and a majority of the Board of Directors.
The Institute shall monitor and evaluate, or provide for independent evaluations of, programs supported in whole or in part under this title to ensure that the provisions of this title, the bylaws of the Institute, and the applicable rules, regulations, and guidelines promulgated pursuant to this title, are carried out.
The Institute shall provide for an independent study of the financial and technical assistance programs under this title.
Sec. 207. limitations on grants and contracts
With respect to grants made and contracts or cooperative agreements entered into under this title, the Institute shall—
ensure that no funds made available to recipients by the Institute shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any Executive order or similar promulgation by any Federal. State, or local agency, or to undertake to influence the passage or defeat of any legislation or constitutional amendment by the Congress of the United States, or by any State or local legislative body, or any State proposal by initiative petition, or of any referendum, unless a governmental agency, legislative body, a committee, or a member thereof—
requests personnel of the recipients to testify, draft, or review measures or to make representations to such agency, body, committee, or member; or
is considering a measure directly affecting the activities under this title of the recipient or the Institute;
ensure all personnel engaged in grant, cooperative agreement or contract assistance activities supported in whole or part by the Institute refrain, while so engaged, from any partisan political activity; and
ensure that each recipient that files with the Institute a timely application for refunding is provided interim funding necessary to maintain its current level of activities until—
the application for refunding has been approved and funds pursuant thereto received; or
the application for refunding has been finally denied in accordance with section 9 of this title.
No funds made available by the Institute under this title, either by grant, cooperative agreement, or contract, may be used to support or conduct training programs for the purpose of advocating particular nonjudicial public policies or encouraging nonjudicial political activities.
The authorization to enter into cooperative agreements, contracts or any other obligation under this title shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts.
To ensure that funds made available under this Act are used to supplement and improve the operation of State courts, rather than to support basic court services, funds shall not be used—
to supplant State or local funds currently supporting a program or activity; or
to construct court facilities or structures, except to remodel existing facilities to demonstrate new architectural or technological techniques, or to provide temporary facilities for new personnel or for personnel involved in a demonstration or experimental program.
Sec. 208. restrictions on activities of the institute
The Institute shall not—
participate in litigation unless the Institute or a recipient of the Institute is a party, and shall not participate on behalf of any client other than itself;
interfere with the independent nature of any State judicial system or allow financial assistance to be used for the funding of regular judicial and administrative activities of any State judicial system other than pursuant to the terms of any grant, cooperative agreement, or contract with the Institute, consistent with the requirements of this title; or
undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body, except that personnel of the Institute may testify or make other appropriate communication—
when formally requested to do so by a legislative body, committee, or a member thereof;
in connection with legislation or appropriations directly affecting the activities of the Institute; or
in connection with legislation or appropriations dealing with improvements in the State judiciary, consistent with the provisions of this title.
The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends.
No part of the income or assets of the Institute shall enure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.
Neither the Institute nor any recipient shall contribute or make available Institute funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.
The Institute shall not contribute or make available Institute funds or program personnel or equipment for use in advocating or opposing any ballot measure, initiative, or referendum.
Officers and employees of the Institute or of recipients shall not at any time intentionally identify the Institute or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.
Sec. 209. special procedures
The Institute shall prescribe procedures to ensure that—
financial assistance under this title shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such actions should not be taken; and
financial assistance under this title shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the recipient has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Institute to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Institute in accordance with procedures established in regulations promulgated by the Institute.
Sec. 210. presidential coordination
The President may, to the extent not inconsistent with any other applicable law, direct that appropriate support functions of the Federal Government may be made available to the Institute in carrying out its functions under this title.
Sec. 211. records and reports
The Institute is authorized to require such reports as it deems necessary from any recipient with respect to activities carried out pursuant to this title.
The Institute is authorized to prescribe the keeping of records with respect to funds provided by any grant, cooperative agreement, or contract under this title and shall have access to such records at all reasonable times for the purpose of ensuring compliance with such grant, cooperative agreement, or contract or the terms and conditions upon which financial assistance was provided.
Copies of all reports pertinent to the evaluation, inspection, or monitoring of any recipient shall be submitted on a timely basis to such recipient, and shall be maintained in the principal office of the institute for a period of at least five years after such evaluation, inspection, or monitoring. Such reports shall be available for public
Public availability.
inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Institute may establish.
Non–Federal funds received by the Institute, and funds received for projects funded in part by the Institute or by any recipient from a source other than the Institute, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds.
Sec. 212. audits
The accounts of the Institute shall be audited
annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.
The audits shall be conducted at the place or places where the accounts of the Institute are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Institute and necessary to facilitate the audits shall be made available to the person or persons conducting the audits. The full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.
The report of the annual audit shall be filed with the General
Report.
Public availability.
Accounting Office and shall be available for public inspection during business hours at the principal office of the Institute.
In addition to the annual audit, the financial transactions of the Institute for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.
Any such audit shall be conducted at the place or places where accounts of the Institute are normally kept. The representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Institute and necessary to facilitate the audit. The full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Institute shall remain in the possession and custody of the Institute throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accounting Office may require the retention of such books, accounts, financial records, reports, files, and other papers or property for a longer period under section 3523(c) of title 31, United States Code.
A report of such audit shall be made by the Comptroller General to the Congress and to the Attorney General, together with such recommendations with respect thereto as the Comptroller General deems advisable.
The Institute shall conduct, or require each recipient to provide for, an annual fiscal audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Institute.
The Institute shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller General may, in addition, inspect the books, accounts, financial records, files, and other papers or property belonging to or in use by such grantee, contractor, person, or entity, which relate to the disposition or use of
Public availability.
funds received from the Institute. Such audit reports shall be available for public inspection during regular business hours, at the principal office of the Institute.
Sec. 213. report by attorney general
On October 1, 1987, the Attorney General, in consultation with the Federal Judicial Center, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the effectiveness of the Institute in carrying out the duties specified in section 203(b). Such report shall include an assessment of the cost effectiveness of the program as a whole and, to the extent practicable, of individual grants, an assessment of whether the restrictions and limitations specified in sections 207 and 208 have been respected, and such recommendations as the Attorney General, in consultation with the Federal Judicial Center, deems appropriate.
Sec. 214. amendments to other laws
Section 620(b) of title 28, United States Code, is amended by—
striking out “and” at the end of paragraph (3);
striking out the period at the end of paragraph (4) and inserting in lieu thereof “; and”; and
inserting the following new paragraph (5) at the end thereof:
“(5) Insofar as may be consistent with the performance of the other functions set forth in this section, to cooperate with the State Justice Institute in the establishment and coordination of research and programs concerning the administration of justice.”.
Sec. 215. authorizations
There are authorized to be appropriated to carry out the purposes of this title, $13,000,000 for fiscal year 1986, $15,000,000 for fiscal year 1987, and $15,000,000 for fiscal year 1988.
Sec. 216. effective date
The provisions of this title shall take effect on October 1, 1985.
TITLE III
Sec. 301. short title
This title may be cited as the “Semiconductor Chip
Protection Act of 1984”.
Sec. 302. protection of semiconductor chip products
Title 17, United States Code, is amended by adding at the
Computers.
end thereof the following new chapter:
“CHAPTER 9— PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Ҥ 901. Definitions
“(a) As used in this chapter—
“(1) a ‘semiconductor chip product’ is the final or intermediate form of any product—
“(A) having two or more layers of metallic, insulating, or semiconductor material, deposited or otherwise placed on, or etched away or otherwise removed from, a piece of semiconductor material in accordance with a predetermined pattern; and
“(B) intended to perform electronic circuitry functions;
“(2) a ‘mask work’ is a series of related images, however fixed or encoded—
“(A) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semi-conductor chip product; and
“(B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;
“(3) a mask work is ‘fixed’ in a semiconductor chip product when its embodiment in the product is sufficiently permanent or stable to permit the mask work to be perceived or reproduced from the product for a period of more than transitory duration;
“(4) to ‘distribute’ means to sell, or to lease, bail, or otherwise transfer, or to offer to sell, lease, bail, or otherwise transfer;
“(5) to ‘commercially exploit’ a mask work is to distribute to the public for commercial purposes a semiconductor chip product embodying the mask work; except that such term includes an offer to sell or transfer a semiconductor chip product only when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product;
“(6) the ‘owner’ of a mask work is the person who created the mask work, the legal representative of that person if that person is deceased or under a legal incapacity, or a party to whom all the rights under this chapter of such person or representative are transferred in accordance with section 903(b); except that, in the case of a work made within the scope of a person’s employment, the owner is the employer for whom the person created the mask work or a party to whom all the rights under this chapter of the employer are transferred in accordance with section 903(b);
“(7) an ‘innocent purchaser’ is a person who purchases a semiconductor chip product in good faith and without having notice of protection with respect to the semiconductor chip product;
“(8) having ‘notice of protection’ means having actual knowledge that, or reasonable grounds to believe that, a mask work is protected under this chapter; and
“(9) an ‘infringing semiconductor chip product’ is a semiconductor chip product which is made, imported, or distributed in violation of the exclusive rights of the owner of a mask work under this chapter.
“(b) For purposes of this chapter, the distribution or importation of a product incorporating a semiconductor chip product as a part thereof is a distribution or importation of that semiconductor chip product.
Ҥ 902. Subject matter of protection
“(a) (1) Subject to the provisions of subsection (b), a mask work fixed in a semiconductor chip product, by or under the authority of the owner of the mask work, is eligible for protection under this chapter if—
“(A) on the date on which the mask work is registered under section 908, or is first commercially exploited anywhere in the world, whichever occurs first, the owner of the mask work is (i) a national or domiciliary of the United States, (ii) a national, domiciliary, or sovereign authority of a foreign nation that is a party to a treaty affording protection to mask works to which the United States is also a party, or (iii) a stateless person, wherever that person may be domiciled;
“(B) the mask work is first commercially exploited in the United States; or
“(C) the mask work comes within the scope of a Presidential proclamation issued under paragraph (2).
“(2) Whenever the President finds that a foreign nation extends, to mask works of owners who are nationals or domiciliaries of the United States protection (A) on substantially the same basis as that on which the foreign nation extends protection to mask works of its own nationals and domiciliaries and mask works first commercially exploited in that nation, or (B) on substantially the same basis as provided in this chapter, the President may by proclamation extend protection under this chapter to mask works (i) of owners who are, on the date on which the mask works are registered under section 908, or the date on which the mask works are first commercially exploited anywhere in the world, whichever occurs first, nationals, domiciliaries, or sovereign authorities of that nation, or (ii) which are first commercially exploited in that nation.
“(b) Protection under this chapter shall not be available for a mask work that—
“(1) is not original; or
“(2) consists of designs that are staple, commonplace, or familiar in the semiconductor industry, or variations of such designs, combined in a way that, considered as a whole, is not original.
“(c) In no case does protection under this chapter for a mask work extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Ҥ 903. Ownership, transfer, licensing, and recordation
“(a) The exclusive rights in a mask work subject to protection under this chapter belong to the owner of the mask work.
“(b) The owner of the exclusive rights in a mask work may transfer all of those rights, or license all or less than all of those rights, by any written instrument signed by such owner or a duly authorized agent of the owner. Such rights may be transferred or licensed by operation of law, may be bequeathed by will, and may pass as personal property by the applicable laws of intestate succession.
“(c) (1) Any document pertaining to a mask work may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. The Register of Copyrights shall, upon receipt of the document and the fee specified pursuant to section 908(d), record the document and return it with a certificate of recordation. The recordation of any transfer or license under this paragraph gives all persons constructive notice of the facts stated in the recorded document concerning the transfer or license.
“(2) In any case in which conflicting transfers of the exclusive rights in a mask work are made, the transfer first executed shall be void as against a subsequent transfer which is made for a valuable consideration and without notice of the first transfer, unless the first transfer is recorded in accordance with paragraph (1) within three months after the date on which it is executed, but in no case later than the day before the date of such subsequent transfer.
“(d) Mask works prepared by an officer or employee of the United States Government as part of that person’s official duties are not protected under this chapter, but the United States Government is not precluded from receiving and holding exclusive rights in mask works transferred to the Government under subsection (b).
Ҥ 904. Duration of protection
“(a) The protection provided for a mask work under this chapter shall commence on the date on which the mask work is registered under section 908, or the date on which the mask work is first commercially exploited anywhere in the world, whichever occurs first.
“(b) Subject to subsection (c) and the provisions of this chapter, the protection provided under this chapter to a mask work shall end ten years after the date on which such protection commences under subsection (a).
“(c) All terms of protection provided in this section shall run to the end of the calendar year in which they would otherwise expire.
Ҥ 905. Exclusive rights in mask works
“The owner of a mask work provided protection under this chapter has the exclusive rights to do and to authorize any of the following:
“(1) to reproduce the mask work by optical, electronic, or any other means;
“(2) to import or distribute a semiconductor chip product in which the mask work is embodied; and
“(3) to induce or knowingly to cause another person to do any of the acts described in paragraphs (1) and (2).
Ҥ 906. Limitation on exclusive rights: reverse engineering; first sale
“(a) Notwithstanding the provisions of section 905, it is not an infringement of the exclusive rights of the owner of a mask work for—
“(1) a person to reproduce the mask work solely for the purpose of teaching, analyzing, or evaluating the concepts or techniques embodied in the mask work or the circuitry, logic flow, or organization of components used in the mask work; or
“(2) a person who performs the analysis or evaluation described in paragraph (1) to incorporate the results of such conduct in an original mask work which is made to be distributed.
“(b) Notwithstanding the provisions of section 905(2), the owner of a particular semiconductor chip product made by the owner of the mask work, or by any person authorized by the owner of the mask work, may import, distribute, or otherwise dispose of or use, but not reproduce, that particular semiconductor chip product without the authority of the owner of the mask work.
Ҥ 907. Limitation on exclusive rights: innocent infringement
“(a) Notwithstanding any other provision of this chapter, an innocent purchaser of an infringing semiconductor chip product—
“(1) shall incur no liability under this chapter with respect to the importation or distribution of units of the infringing semi-conductor chip product that occurs before the innocent purchaser has notice of protection with respect to the mask work embodied in the semiconductor chip product; and
“(2) shall be liable only for a reasonable royalty on each unit of the infringing semiconductor chip product that the innocent purchaser imports or distributes after having notice of protection with respect to the mask work embodied in the semiconductor chip product.
“(b) The amount of the royalty referred to in subsection (a)(2) shall be determined by the court in a civil action for infringement unless the parties resolve the issue by voluntary negotiation, mediation, or binding arbitration.
“(c) The immunity of an innocent purchaser from liability referred to in subsection (a)(1) and the limitation of remedies with respect to an innocent purchaser referred to in subsection (a)(2) shall extend to any person who directly or indirectly purchases an infringing semiconductor chip product from an innocent purchaser.
“(d) The provisions of subsections (a), (b), and (c) apply only with respect to those units of an infringing semiconductor chip product that an innocent purchaser purchased before having notice of protection with respect to the mask work embodied in the semiconductor chip product.
Ҥ 908. Registration of claims of protection
“(a) The owner of a mask work may apply to the Register of Copyrights for registration of a claim of protection in a mask work. Protection of a mask work under this chapter shall terminate if
Termination.
application for registration of a claim of protection in the mask work is not made as provided in this chapter within two years after the date on which the mask work is first commercially exploited anywhere in the world.
“(b) The Register of Copyrights shall be responsible for all administrative functions and duties under this chapter. Except for section 708, the provisions of chapter 7 of this title relating to the general
responsibilities, organization, regulatory authority, actions, records, and publications of the Copyright Office shall apply to this chapter, except that the Register of Copyrights may make such changes as may be necessary in applying those provisions to this chapter.
“(c) The application for registration of a mask work shall be made on a form prescribed by the Register of Copyrights. Such form may require any information regarded by the Register as bearing upon the preparation or identification of the mask work, the existence or duration of protection of the mask work under this chapter, or ownership of the mask work. The application shall be accompanied by the fee set pursuant to subsection (d) and the identifying material specified pursuant to such subsection.
“(d) The Register of Copyrights shall by regulation set reasonable
Regulations.
fees for the filing of applications to register claims of protection in mask works under this chapter, and for other services relating to the administration of this chapter or the rights under this chapter, taking into consideration the cost of providing those services, the benefits of a public record, and statutory fee schedules under this title. The Register shall also specify the identifying material to be deposited in connection with the claim for registration.
“(e) If the Register of Copyrights, after examining an application for registration, determines, in accordance with the provisions of this chapter, that the application relates to a mask work which is entitled to protection under this chapter, then the Register shall register the claim of protection and issue to the applicant a certificate of registration of the claim of protection under the seal of the Copyright Office. The effective date of registration of a claim of
Effective date.
protection shall be the date on which an application, deposit of identifying material, and fee, which are determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for registration of the claim, have all been received in the Copyright Office.
“(f) In any action for infringement under this chapter, the certificate
Prima facie evidence.
of registration of a mask work shall constitute prima facie evidence (1) of the facts stated in the certificate, and (2) that the applicant issued the certificate has met the requirements of this chapter, and the regulations issued under this chapter, with respect to the registration of claims.
“(g) Any applicant for registration under this section who is dissatisfied with the refusal of the Register of Copyrights to issue a certificate of registration under this section may seek judicial review of that refusal by bringing an action for such review in an appropriate United States district court not later than sixty days
after the refusal. The provisions of chapter 7 of title 5 shall apply to such judicial review. The failure of the Register of Copyrights to issue a certificate of registration within four months after an application for registration is filed shall be deemed to be a refusal to issue a certificate of registration for purposes of this subsection and section 910(b)(2), except that, upon a showing of good cause, the district court may shorten such four-month period.
Ҥ 909. Mask work notice
“(a) The owner of a mask work provided protection under this chapter may affix notice to the mask work, and to masks and semiconductor chip products embodying the mask work, in such manner and location as to give reasonable notice of such protection.
Regulations.
The Register of Copyrights shall prescribe by regulation, as examples, specific methods of affixation and positions of notice for purposes of this section, but these specifications shall not be considered
Prima facie evidence.
exhaustive. The affixation of such notice is not a condition of protection under this chapter, but shall constitute prima facie evidence of notice of protection.
“(b) The notice referred to in subsection (a) shall consist of—
“(1) the words ‘mask force’, the sumbol *M*, or the symbol Ⓜ (the letter M in a circle); and
“(2) the name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known.
Ҥ 910. Enforcement of exclusive rights
“(a) Except as otherwise provided in this chapter, any person who violates any of the exclusive rights of the owner of a mask work under this chapter, by conduct in or affecting commerce, shall be liable as an infringer of such rights.
“(b) (1) The owner of a mask work protected under this chapter, or the exclusive licensee of all rights under this chapter with respect to the mask work, shall, after a certificate of registration of a claim of protection in that mask work has been issued under section 908, be entitled to institute a civil action for any infringement with respect to the mask work which is committed after the commencement of protection of the mask work under section 904(a).
“(2) In any case in which an application for registration of a claim of protection in a mask work and the required deposit of identifying material and fee have been received in the Copyright Office in proper form and registration of the mask work has been refused, the applicant is entitled to institute a civil action for infringement under this chapter with respect to the mask work if notice of the action, together with a copy of the complaint, is served on the Register of Copyrights, in accordance with the Federal Rules of Civil Procedure. The Register may, at his or her option, become a party to the action with respect to the issue of whether the claim of protection is eligible for registration by entering an appearance within sixty days after such service, but the failure of the Register to become a party to the action shall not deprive the court of jurisdiction to determine that issue.
“(c) (1) The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforce-ment of the rights set forth in section 905 with respect to importation. These regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions:
“(A) Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles.
“(B) Furnish proof that the mask work involved is protected under this chapter and that the importation of the articles would infringe the rights in the mask work under this chapter.
“(C) Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.
“(2) Articles imported in violation of the rights set forth in section
Seizure and forfeiture.
905 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law.
Ҥ 911. Civil actions
“(a) Any court having jurisdiction of a civil action arising under this chapter may grant temporary restraining orders, preliminary injunctions, and permanent injunctions on such terms as the court may deem reasonable to prevent or restrain infringement of the exclusive rights in a mask work under this chapter.
“(b) Upon finding an infringer liable, to a person entitled under section 910(b)(1) to institute a civil action, for an infringement of any exclusive right under this chapter, the court shall award such person actual damages suffered by the person as a result of the infringement. The court shall also award such person the infringer’s profits that are attributable to the infringement and are not taken into account in computing the award of actual damages. In establishing the infringer’s profits, such person is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the mask work.
“(c) At any time before final judgment is rendered, a person entitled to institute a civil action for infringement may elect, instead of actual damages and profits as provided by subsection (b), an award of statutory damages for all infringements involved in the action, with respect to any one mask work for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in an amount not more than $250,000 as the court considers just.
“(d) An action for infringement under this chapter shall be barred unless the action is commenced within three years after the claim accrues.
“(e) (1) At any time while an action for infringement of the exclusive rights in a mask work under this chapter is pending, the court may order the impounding, on such terms as it may deem reasonable, of all semiconductor chip products, and any drawings, tapes, masks, or other products by means of which such products may be reproduced, that are claimed to have been made, imported, or used in violation of those exclusive rights. Insofar as practicable, applica-tions for orders under this paragraph shall be heard and determined in the same manner as an application for a temporary restraining order or preliminary injunction.
“(2) As part of a final judgment or decree, the court may order the destruction or other disposition of any infringing semiconductor chip products, and any masks, tapes, or other articles by means of which such products may be reproduced.
“(f) In any civil action arising under this chapter, the court in its discretion may allow the recovery of full costs, including reasonable attorneys’ fees, to the prevailing party.
Ҥ 912. Relation to other laws
“(a) Nothing in this chapter shall affect any right or remedy held by any person under chapters 1 through 8 of this title, or under title 35.
“(b) Except as provided in section 908(b) of this title, references to ‘this title’ or ‘title 17’ in chapters 1 through 8 of this title shall be deemed not to apply to this chapter.
“(c) The provisions of this chapter shall preempt the laws of any State to the extent those laws provide any rights or remedies with respect to a mask work which are equivalent to those rights or remedies provided by this chapter, except that such preemption shall be effective only with respect to actions filed on or after January 1, 1986.
“(d) The provisions of sections 1338, 1400(a), and 1498 (b) and (c) of title 28 shall apply with respect to exclusive rights in mask works under this chapter.
“(e) Notwithstanding subsection (c), nothing in this chapter shall detract from any rights of a mask work owner, whether under Federal law (exclusive of this chapter) or under the common law or the statutes of a State, heretofore or hereafter declared or enacted, with respect to any mask work first commercially exploited before July 1, 1983.
Ҥ 913. Transitional provisions
“(a) No application for registration under section 908 may be filed, and no civil action under section 910 or other enforcement proceeding under this chapter may be instituted, until sixty days after the date of the enactment of this chapter.
“(b) No monetary relief under section 911 may be granted with respect to any conduct that occurred before the date of the enactment of this chapter, except as provided in subsection (d).
“(c) Subject to subsection (a), the provisions of this chapter apply to all mask works that are first commercially exploited or are registered under this chapter, or both, on or after the date of the enactment of this chapter.
“(d) (1) Subject to subsection (a), protection is available under this chapter to any mask work that was first commercially exploited on or after July 1, 1983, and before the date of the enactment of this chapter, if a claim of protection in the mask work is registered in the Copyright Office before July 1, 1985, under section 908.
“(2) In the case of any mask work described in paragraph (1) that is provided protection under this chapter, infringing semiconductor chip product units manufactured before the date of the enactment of this chapter may, without liability under sections 910 and 911, be imported into or distributed in the United States, or both, until two years after the date of registration of the mask work under section 908, but only if the importer or distributor, as the case may be, first pays or offers to pay the reasonable royalty referred to in section 907(a)(2) to the mask work owner, on all such units imported or distributed, or both, after the date of the enactment of this chapter.
“(3) In the event that a person imports or distributes infringing semiconductor chip product units described in paragraph (2) of this subsection without first paying or offering to pay the reasonable royalty specified in such paragraph, or if the person refuses or fails to make such payment, the mask work owner shall be entitled to the relief provided in sections 910 and 911.
Ҥ 914. International transitional provisions
“(a) Notwithstanding the conditions set forth in subparagraphs (A) and (C) of section 902(a)(1) with respect to the availability of protection under this chapter to nationals, domiciliaries, and sovereign authorities of a foreign nation, the Secretary of Commerce may, upon the petition of any person, or upon the Secretary’s own motion, issue an order extending protection under this chapter to such foreign nationals, domiciliaries, and sovereign authorities if the Secretary finds—
“(1) that the foreign nation is making good faith efforts and reasonable progress toward—
“(A) entering into a treaty described in section 902(a)(1)(A); or
“(B) enacting legislation that would be in compliance with subparagraph (A) or (B) of section 902(a)(2); and
“(2) that the nationals, domiciliaries, and sovereign authorities of the foreign nation, and persons controlled by them, are not engaged in the misappropriation, or unauthorized distribution or commercial exploitation, of mask works; and
“(3) that issuing the order would promote the purposes of this chapter and international comity with respect to the protection of mask works.
“(b) While an order under subsection (a) is in effect with respect to
Prohibition.
a foreign nation, no application for registration of a claim for protection in a mask work under this chapter may be denied solely because the owner of the mask work is a national, domiciliary, or sovereign authority of that foreign nation, or solely because the mask work was first commercially exploited in that foreign nation.
“(c) Any order issued by the Secretary of Commerce under subsection (a) shall be effective for such period as the Secretary designates in the order, except that no such order may be effective after the date on which the authority of the Secretary of Commerce terminates under subsection (e). The effective date of any such order shall also be designated in the order. In the case of an order issued upon the petition of a person, such effective date may be no earlier than the date on which the Secretary receives such petition.
“(d) (1) Any order issued under this section shall terminate if—
Termination.
“(A) the Secretary of Commerce finds that any of the conditions set forth in paragraphs (1), (2), and (3) of subsection (a) no longer exist; or
“(B) mask works of nationals, domiciliaries, and sovereign authorities of that foreign nation or mask works first commercially exploited in that foreign nation become eligible for protection under subparagraph (A) or (C) of section 902(a)(1).
“(2) Upon the termination or expiration of an order issued under this section, registrations of claims of protection in mask works made pursuant to that order shall remain valid for the period specified in section 904.
“(e) The authority of the Secretary of Commerce under this section shall commence on the date of the enactment of this chapter, and shall terminate three years after such date of enactment.
“(f) (1) The Secretary of Commerce shall promptly notify the Register of Copyrights and the Committees on the Judiciary of the Senate and the House of Representatives of the issuance or termination of any order under this section, together with a statement of the
Federal Register, publication.
Report.
reasons for such action. The Secretary shall also publish such notification and statement of reasons in the Federal Register.
“(2) Two years after the date of the enactment of this chapter, the Secretary of Commerce, in consultation with the Register of Copyrights, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the actions taken under this section and on the current status of international recognition of mask work protection. The report shall include such recommendations for modifications of the protection accorded under this chapter to mask works owned by nationals, domiciliaries, or sovereign authorities of foreign nations as the Secretary, in consultation with the Register of Copyrights, considers would promote the purposes of this chapter and international comity with respect to mask work protection.”.
Sec. 303. technical amendment
The table of chapters at the beginning of title 17, United States Code, is amended by adding at the end thereof the following new item:
Sec. 304. authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this title and the amendments made by this title.
TITLE IV— FEDERAL COURTS IMPROVEMENTS
Subtitle A— Civil Priorities
Sec. 401. establishment of priority of civil actions
Chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 1657. Priority of civil actions
“(a) Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or section
1826 of this title, any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, ‘good cause’ is shown if a right under the Constitution of the United States or a Federal Statute (including rights under section 552 of title 5) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
“(b) The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.”.
The section analysis of chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following new item:
Sec. 402. amendments to other laws
The following provisions of law are amended—
Section 309(a)( 10) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(10) is repealed.
Section 310(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437h(c)) is repealed.
Section 552(a)(4)(D) of title 5, United States Code, is repealed.
Section 6(a) of the Commodity Exchange Act (7 U.S.C. 8(a)) is amended by striking out “The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way.”.
Section 6(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(c)(4)) is amended by striking out the second sentence.
Section 10(d)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)(3)) is amended by striking out “The court shall give expedited consideration to any such action.”.
Section 16(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136n(b)) is amended by striking out the last sentence.
Section 25(a)(4)(E)(iii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(a)(4)(E)(iii)) is repealed.
Section 204(d) of the Packers and Stockyards Act, 1921 (7 U.S.C. 194(d)), is amended by striking out the second sentence.
Section 366 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1366) is amended in the fourth sentence by striking out “At the earliest convenient time, the court, in term time or vacation,” and inserting in lieu thereof “The court”.
Section 410 of the Federal Seed Act (7 U.S.C. 1600) is amended by striking out “The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way.”.
Section 411 of the Federal Seed Act (7 U.S.C. 1601) is amended by striking out “The proceedings in such cases shall be made a preferred cause and shall be expedited in every way.”.
Section 816(c)(4) of the Act of October 7, 1975, commonly known as the Department of Defense Appropriation Authorization Act of 1976 (10 U.S.C. 2304 note) is amended by striking out the Inst sentence.
Section 5(d)(6)(A) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(d)(6)(A)) is amended by striking out “Such proceedings shall be given precedence over other cases pending in such courts, and shall be in every way expedited.”.
Section 7A(f)(2) of the Clayton Act (15 U.S.C. 18a(f)(2)) is amended to read as follows: “(2) certifies the United States district court for the judicial district within which the respondent resides or carries on business, or in which the action is brought, that it or he believes that the public interest requires relief pendente lite pursuant to this subsection, then upon the filing of such motion and certification, the chief judge of such district court shall immediately notify the chief judge of the United States court of appeals for the circuit in which such district court is located, who shall designate a United States district judge to whom such action shall be assigned for all purposes.”.
Section 11(e) of the Clayton Act (15 U.S.C. 21(e)) is amended by striking out the first sentence.
Section 1 of the Act of February 11, 1903, commonly known as the Expediting Act (15 U.S.C. 28) is repealed.
Section 5(e) of the Federal Trade Commission Act (15 U.S.C. 45(e)) is amended by striking out the first sentence.
Section 21(f)(3) of the Federal Trade Commission Improvements Act of 1980 (15 U.S.C. 57a-l(f)(3)) is repealed.
Section 11A(c)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-l(c)(4)) is amended—
by striking out “(A)” after “(4)”; and
by striking out subparagraph (B).
Section 309(e) of the Small Business Investment Act of 1958 (15 U.S.C. 687a(e)) is amended by striking out the sixth sentence.
Section 309(f) of the Small Business Investment Act of 1958 (15 U.S.C. 687a(f)) is amended by striking out the last sentence.
Section 311(a) of the Small Business Investment Act of 1958 (15 U.S.C. 687c(a)) is amended by striking out the last sentence.
Section 10(c)(2) of the Alaska Natural Gas Transportation Act (15 U.S.C. 719h(c)(2)) is repealed.
Section 155(a) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1415(a)) is amended by striking out “(1)” and by striking out paragraph (2).
Section 503(b)(3)(E) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2003(b)(3)(E)) is amended by striking out clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively.
Section 23(d) of the Toxic Substances Control Act (15 U.S.C. 2622(d)) is amended by striking out the last sentence.
Section 12(e)(3) of the Coastal Zone Management Improvement Act of 1980 (16 U.S.C. 1463a(e)(3)) is repealed.
Section 11 of the Act of September 28, 1976 (16 U.S.C. 1910), is amended by striking out the last sentence.
Section 807(b) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3117(b)) is repealed.
Section 1108 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3168) is amended to read as follows:
“Sec. 1108. “injunctive relief
No court shall have jurisdiction to grant any injunctive relief lasting longer than ninety days against any action pursu-ant to this title except in conjunction with a final judgment entered in a case involving an action pursuant to this title.”.
Section 10(b)(3) of the Central Idaho Wilderness Act of 1980 (Public Law 96–312; 94 Stat. 948) is repealed.
Section 10(c) of the Central Idaho Wilderness Act of 1980 is amended to read as follows:
“(c) Any review of any decision of the United States District Court for the District of Idaho shall be made by the Ninth Circuit Court of Appeals of the United States.”.
Section 1964(b) of title 18, United States Code, is amended by striking out the second sentence.
Section 1966 of title 18, United States Code, is amended by striking out the last sentence.
Section 408(i)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(i)(5)) is amended by striking out the last sentence.
Section 409(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(g)(2)) is amended by striking out the last sentence.
Section 8(f) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 618(f)) is amended by striking out the last sentence.
Section 4 of the Act of December 22, 1974 (25 U.S.C. 640d–3), is amended by striking out “;(a)” and by striking out subsection (b)
Section 3310(e) of the Internal Revenue Code of 1954 (26 U.S.C. 3310(e)) is repealed.
Section 6110(f)(5) of the Internal Revenue Code of 1954 (26 U.S.C. 6110(f)(5)) is amended by striking out “and the Court of Appeals shall expedite any review of such decision in every way possible”.
Section 6363(d)(4) of the Internal Revenue Code of 1954 (26 U.S.C. 6363(d)(4)) is repealed.
Section 7609(h)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 7609(h)(3)) is repealed.
Section 9010(c) of the Internal Revenue Code of 1954 (26 U.S.C. 9010(c)) is amended by striking out the last sentence.
Section 901 l(b)(2) of the Internal Revenue Code of 1954 (26 U.S.C. 9011(b)(2)) is amended by striking out the last sentence.
Section 596(a)(3) of title 28, United States Code, is amended by striking out the last sentence.
Section 636(c)(4) of title 28, United States Code, is amended in the second sentence by striking out “expeditious and”.
Section 1296 of title 28, United States Code, and the item relating to that section in the section analysis of chapter 83 of that title, are repealed.
Subsection (c) of section 1364 of title 28, United States Code, the section heading of which reads “Senate actions”, is repealed.
Section 2284(b)(2) of title 28, United States Code, is amended by striking out the last sentence.
Section 2349(b) of title 28, United States Code, is amended by striking out the last two sentences.
Section 2647 of title 28, United States Code, and the item relating to that section in the section analysis of chapter 169 of that title, are repealed.
Section 10 of the Act of March 23, 1932, commonly known as the Norris–LaGuardia Act (29 U.S.C. 110), is amended by striking out “with the greatest possible expedition” and all that follows through the end of the sentence and inserting in lieu thereof “expeditiously”.
Section 10(i) of the National Labor Relations Act (29 U.S.C. 160(i)) is repealed.
Section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(a)) is amended by striking out the last sentence.
Section 4003(e)(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1303(e)(4)) is repealed.
Section 106(a)(1) of the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 816(a)(1)) is amended by striking out the last sentence.
Section 1016 of the Impoundment Control Act of 1974 (31 U.S.C. 1406) is amended by striking out the second sentence.
Section 2022 of title 38, United States Code, is amended by striking out “The court shall order speedy hearing in any such case and shall advance it on the calendar.”.
Section 3628 of title 39, United States Code, is amended by striking out the fourth sentence.
Section 1450(i)(4) of the Public Health Service Act (42 U.S.C. 300j—9(1)(4)) is amended by striking out the last sentence.
Section 304(e) of the Social Security Act (42 U.S.C. 504(e)) is repealed.
Section 814 of the Act of April 11, 1968 (42 U.S.C. 3614), is repealed.;
The matter under the subheading “Exploration of National Petroleum Reserve in Alaska” under the headings “energy and minerals” and “geological survey” in title I of the Act of December 12, 1980 (94 Stat. 2964; 42 U.S.C. 6508), is amended in the third paragraph by striking out the last sentence.
Section 214(b) of the Emergency Energy Conservation Act of 1979 (42 U.S.C. 8514(b)) is repealed.
Section 2 of the Act of February 25, 1885 (43 U.S.C. 1062), is amended by striking out “; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court, and shall be tried and determined at the earliest practicable day”.
Section 23(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(d)) is repealed.
Section 511(c) of the Public Utilities Regulatory Policies Act of 1978 (43 U.S.C. 2011(c)) is amended by striking out “Any such proceeding shall be assigned for hearing at the earliest possible date and shall be expedited by such court.”.
Section 203(d) of the Trans–Alaska Pipeline Authorization Act (43 U.S.C. 1652(d)) is amended by striking out the fourth sentence.
Section 5(f) of the Railroad Unemployment Insurance Act (45 U.S.C. 355(f)) is amended by striking out “, and shall be given precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence”.
Section 305(d)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 745(d)(2)) is amended—
in the first sentence by striking out “Within 180 days after” and inserting in lieu thereof “After”; and
in the last sentence by striking out “Within 90 days after” and inserting in lieu thereof “After”.
Section 124(b) of the Rock Island Transition and Employee Assistance Act (45 U.S.C. 1018(b)) is amended by striking out “, and shall render a final decision no later than 60 days after the date the last such appeal is filed”.
Section 402(g) of the Communications Act of 1934 (47 U.S.C. 402(g)) is amended—
by striking out “At the earliest convenient time the” and inserting in lieu thereof “The”; and
by striking out “10(e) of the Administrative Procedure Act” and inserting in lieu thereof “706 of title 5, United States Code”.
Section 405(e) of the Surface Transportation Assistance Act of 1982 (Public Law 97–424; 49 U.S.C. 2305(e)) is amended by
striking out the last sentence.
Section 606(c)(1) of the Rail Safety and Service Improvement Act of 1982 (Public Law 97–468; 49 U.S.C. 1205(c)(1)) is
amended by striking out the second sentence.
Section 13A(a) of the Subversive Activities Control Act of 1950 (50 U.S.C. 792a note) is amended in the third sentence by striking out “or any court”.
Section 12(a) of the Military Selective Service Act of 1967 (50 U.S.C. App. 462(a)) is amended by striking out the last sentence.
Section 4(b) of the Act of July 2, 1948 (50 U.S.C. App. 1984(b)), is amended by striking out the last sentence.
Sec. 403. effective date
The amendments made by this subtitle shall not apply to
cases pending on the date of the enactment of this subtitle.
Subtitle B— District Court Organization
Sec. 404.
This subtitle may be cited as the “Federal District Court Organization Act of 1984”.
Sec. 405.
The second sentence of subsection (c) of section 112 of title 28, United States Code, is amended to read as follows:
“Court for the Eastern District shall be held at Brooklyn, Hauppauge, and Hempstead (including the village of Uniondale).”.
Sec. 406.
Subsection (a) of section 93 of title 28, United States Code, is amended—
in paragraph (1) by striking out “De Kalb,” and “McHenry,”; and
in paragraph (2)—
by inserting “De Kalb,” immediately after “Carroll,”; and
by inserting “McHenry,” immediately after “Lee,”.
The amendments made by subsection (a) of this section shall
apply to any action commenced in the United States District Court for the Northern District of Illinois on or after the effective date of this subtitle, and shall not affect any action pending in such court on such effective date.
The second sentence of subsection (b) of section 93 of title 28, United States Code, is amended by inserting “Champaign/Urbana,” before “Danville”.
Sec. 407.
Subsection (b) of section 124 of title 26, United States
Code, is amended—
by striking out “six divisions” and inserting in lieu thereof “seven divisions”;
in paragraph (4) by striking out “, Hidalgo, Starr,”; and
by adding at the end thereof the following:
“(7) The McAllen Division comprises the counties of Hidalgo and Starr.
“Court for the McAllen Division shall be held at McAllen.”.
The amendments made by subsection (a) of this section shall apply to any action commenced in the United States District Court for the Southern District of Texas on or after the effective date of this subtitle, and shall not affect any action pending in such court on such effective date.
Sec. 408.
Paragraph (1) of section 90(a) of title 28, United States Code, is amended—
by inserting “Fannin,” after “Dawson,”;
by inserting “Gilmer,” after “Forsyth,”; and
by inserting “Pickens,” after “Lumpkin,”.
Paragraph (2) of section 90(a) of title 28, United States Code, is amended by striking out “Fannin,”, “Gilmer,”, and “Pickens,”.
Paragraph (6) of section 90(c) of title 28, United States Code, is amended by striking out “Swainsboro” each place it appears and inserting in lieu thereof “Statesboro”.
The amendments made by this section shall apply to any action commenced in the United States District Court for the Northern District of Georgia on or after the effective date of this subtitle, and shall not affect any action pending in such court on such effective date.
Sec. 409.
Section 85 of title 28, United States Code, is amended by inserting “Boulder,” before “Denver”.
Sec. 410.
The second sentence of section 126 of title 28, United States Code, is amended by inserting “Bennington,” before “Brattleboro”.
Sec. 411.
The amendments made by this subtitle shall take effect on January 1, 1985.
The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle.
Subtitle C— Amendments to the Federal Courts Improvements Act of 1982
This subtitle may be cited as the “Technical Amendments to the Federal Courts Improvement Act of 1982”.
Sec. 412.
Section 1292(b) of title 28, United States Code, is amended by inserting “which would have jurisdiction of an appeal of such action” after “The Court of Appeals”.
Section 1292(c)(1) of title 28, United States Code, is amended by inserting “or (b)” after “(a)”.
Sec. 413.
Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is amended in the fourth sentence by inserting “, within 60 days after the determination becomes final,” after “appeal such determination”.
Sec. 414.
Sections 142, 143, and 144 of title 35, United States Code, are amended to read as follows:
Ҥ 142. Notice of appeal
“When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date.
Ҥ 143. Proceedings on appeal
“With respect to an appeal described in section 142 of this title, the Commissioner shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Commissioner forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Commissioner shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal.
Ҥ 144. Decision on appeal
“The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Commissioner its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.”.
Paragraphs (2), (3), and (4) of subsection (a) of section 21 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1071(a) (2), (3), and (4)), are amended to read as follows:
“(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date.
“(3) The Commissioner shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Commissioner forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Commissioner shall submit to that court a brief explaining the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal.
“(4) The United States Court of Appeals for the Federal Circuit shall review the decision from which the appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue its mandate and opinion to the Commis-sioner, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.”.
The amendments made by this section shall apply to proceedings pending in the Patent and Trademark Office on the date of the enactment of this Act and to appeals pending in the United States Court of Appeals for the Federal Circuit on such date.
Sec. 415.
Any individual who, on the date of the enactment of the Federal Courts Improvement Act of 1982, was serving as marshal for the Court of Appeals for the District of Columbia under section 713(c) of title 28, United States Code, may, after the date of the enactment of this Act, so serve under that section as in effect on the date of the enactment of the Federal Courts Improvement Act of 1982. While such individual so serves, the provisions of section 714(a) of title 28, United States Code, shall not apply to the Court of Appeals for the District of Columbia.
Sec. 416.
Title 28, United States Code, is amended in the following respects:
There shall be inserted, after section 797 thereof, in chapter 51 thereof, the following new section 798, which shall read as follows:
Ҥ 798. Places of holding court; appointment of special masters
“(a) The United States Claims Court is hereby authorized to utilize facilities and hold court in Washington, District of Columbia, and in four locations outside of the Washington, District of Columbia metropolitan area, for the purpose of conducting trials and such other proceedings as may be appropriate to executing the court’s functions. The Director of the Administrative Office of the United States Courts shall designate such locations and provide for such facilities.
“(b) The chief judge of the Claims Court may appoint special masters to assist the court in carrying out its functions. Any special masters so appointed shall carry out their responsibilities and be compensated in accordance with procedures set forth in the rules of the court.”.
The caption of chapter 51, title 28, shall be amended to include the following item:
TITLE V— GOVERNMENT RESEARCH AND DEVELOPMENT PATENT POLICY
Sec. 501.
Chapter 18 of title 35, United States Code, is amended—
by adding “or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.)” immediately after “title” in section 201(d);
by adding “: Provided, That in the case of a variety of plant, the date of determination (as defined in section 41(a) of the Plant Variety Protection Act (7 U.S.C. 2401(d))) must also occur during the period of contract performance ” immediately after “agreement” in section 201(e);
in section 202(a), by amending clause (i) to read as follows: “(i) when the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government,”; by striking the word “or” before “ii”, and by adding after the words “security of such activities” in the first sentence of such para-graph, the following: “or, iv) when the funding agreement includes the operation of a Government-owned, contractor-operated facility of the Department of Energy primarily dedicated to that Department’s naval nuclear propulsion or weapons related programs and all funding agreement limitations under this subparagraph on the contractor’s right to elect title to a subject invention are limited to inventions occurring under the above two programs of the Department of Energy.”
by amending paragraphs (1) and (2) of section 202(b) to read
as follows:
“(b) (1) The rights of the Government under subsection (a) shall not be exercised by a Federal agency unless it first determines that at least one of the conditions identified in clauses (i) through (iv) of subsection (a) exists. Except in the case of subsection (a)(iii), the agency shall file with the Secretary of Commerce, within thirty days after the award of the applicable funding agreement, a copy of such determination. In the case of a determination under subsection (a)(ii), the statement shall include an analysis justifying the determination In the case of determinations applicable to funding agreements
Small business.
with small business firms, copies shall also be sent to the Chief Counsel for Advocacy of the Small Business Administration. If the Secretary of Commerce believes that any individual determination or pattern of determinations is contrary to the policies and objectives of this chapter or otherwise not in conformance with this chapter, the Secretary shall so advise the head of the agency concerned and the Administrator of the Office of Federal Procurement Policy, and recommend corrective actions.
“(2) Whenever the Administrator of the Office of Federal Procurement
Regulations.
Policy has determined that one or more Federal agencies are utilizing the authority of clause (i) or (ii) of subsection (a) of this section in a manner that is contrary to the policies and objectives of this chapter, the Administrator is authorized to issue regulations describing classes of situations in which agencies may not exercise the authorities of those clauses.”;
By adding at the end of section 202(b) the following new
Contracts with U.S.
Grants.
paragraph:
“(4) If the contractor believes that a determination is contrary to the policies and objectives of this chapter or constitutes an abuse of discretion by the agency, the determination shall be subject to the last paragraph of section 203(2).”.
by amending paragraphs (1), (2), (3), and (4) of section 202(c)
Contracts with U.S.
Grants.
to read as follows:
“(1) That the contractor disclose each subject invention to the Federal agency within a reasonable time after it becomes known to contractor personnel responsible for the administration of patent matters, and that the Federal Government may receive title to any subject invention not disclosed to it within such time.
“(2) That the contractor make a written election within two years after disclosure to the Federal agency (or such additional time as may be approved by the Federal agency) whether the contractor will retain title to a subject invention: Provided, That in any case where publication, on sale, or public use, has initiated the one year statutory period in which valid patent protection can still be obtained in the United States, the period for election may be shortened by the Federal agency to a date that is not more than sixty days prior to the end of the statutory period: And provided further, That the Federal Government may receive title to any subject invention in which the contractor does not elect to retain rights or fails to elect rights within such times.
“(3) That a contractor electing rights in a subject invention agrees to file a patent application prior to any statutory bar date that may occur under this title due to publication, on sale, or public use, and shall thereafter file corresponding patent applications in other countries in which it wishes to retain title within reasonable times, and that the Federal Government may receive title to any subject inventions in the United States or other countries in which the contractor has not filed patent applications on the subject invention within such times.
“(4) With respect to any invention in which the contractor elects rights, the Federal agency shall have a nonexclusive, nontransferrable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States any subject
International agreements.
Defense and national security.
invention throughout the world: Provided, That the funding agreement may provide for such additional rights; including the right to assign or have assigned foreign patent rights in the subject invention, as are determined by the agency as necessary for meeting the obligations of the United States under any treaty, international agreement, arrangement of cooperation, memorandum of understanding, or similar arrangement, including military agreement relating to weapons development and production.”.
by striking out “may” in section 202(c)(5) and inserting in lieu thereof “as well as any information on utilization or efforts at obtaining utilization obtained as part of a proceeding under section 203 of this chapter shall”;
by striking out “and which is not, itself, engaged in or does not hold a substantial interest in other organizations engaged in the manufacture or sales of products or the use of processes that might utilize the invention or be in competition with embodiments of the invention” in clause (A) of section 202(c)(7);
by amending clauses (B)–(D) of section 202(c)(7) to read as follows: “(B) a requirement that the contractor share royalties with the inventor; (C) except with respect to a funding agreement for the operation of a Government-owned-contractor-operated facility, a requirement that the balance of any royalties or income earned by the contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, be
Small business.
utilized for the support of scientific research or education; (D) a requirement that, except where it proves infeasible after a reasonable inquiry, in the licensing of subject inventions shall be given to small business firms; and (E) with respect to a funding agreement for the operation of a Government-owned-contractor-operated facility, requirements (i) that after payment of patenting costs, licensing costs, payments to inventors, and other expenses incidental to the administration of subject inventions, 100 percent of the balance of any royalties or income earned and retained by the contractor during any fiscal year up to an amount equal to 5 percent of the annual budget of the facility, shall be used by the contractor for scientific research, development, and education consistent with the research and development mission and objectives of the facility, including activities that increase the licensing potential of other inventions of the facility; provided that if said balance exceeds 5 percent of the annual budget of the facility, that 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent shall be used for the same purposes as described above in this clause (D); and (ii) that, to the extent it provides the most effective technology transfer, the licensing of subject inventions shall be administered by contractor employees on location at the facility.”
by adding “(1. before the word “With” in the first line of section 203, and by adding at the end of section 203 the
following:
“(2) A determination pursuant to this section or section 202(b)(4) shall not be subject to the Contract Disputes Act (41 U.S.C. §601 et seq.). An administrative appeals procedure shall be established by
Regulations.
regulations promulgated in accordance with section 206. Additionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a determination under this section may, at any time within sixty days after the determination is issued, file a petition in the United States Claims Court, which shall have jurisdiction to determine the appeal on the record and to affirm, reverse, remand or modify, as appropriate, the determination of the Federal agency. In cases described in paragraphs (a) and (c), the agency’s determination shall be held in abeyance pending the exhaustion of appeals or petitions filed under the preceding sentence.”;
by amending section 206 to read as follows:
Ҥ 206. Uniform clauses and regulations
“The Secretary of Commerce may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 202 through 204 of this chapter and shall establish standard funding agreement provisions required under this chapter. The regulations and the standard funding agreement shall be subject to public comment before their issuance.”;
in section 207 by inserting “(a)” before “Each Federal” and by adding the following new subsection at the end thereof:
“(b) For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to—
“(1) assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions;
“(2) assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and
“(3) consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization.”; and
in section 208 by striking out “Administrator of General Services” and inserting in lieu thereof “Secretary of Commerce”.
by deleting from the first sentence of section 210(c), “August 23, 1971 (36 Fed. Reg. 16887)” and inserting in lieu thereof “February 18, 1983”, and by inserting the following before the period at the end of the first sentence of section 210(c) “except that all funding agreements, including those with other
Contracts with U.S.
Grants.
than small business firms and nonprofit organizations, shall include the requirements established in paragraph 202(c)(4) and section 203 of this title.”
by adding at the end thereof the following new section:
Ҥ 212. Disposition of rights in educational awards
“No scholarship, fellowship, training grant, or other funding agreement made by a Federal agency primarily to an awardee for educational purposes will contain any provision giving the Federal agency any rights to inventions made by the awardee.”; and
by adding at the end of the table of sections for the chapter the following new item:
Approved November 8, 1984.