Federal District Court Organization Act of 1984
PL 98-620 (H.R.6163), enacted 11/08/1984

PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3335 
Public Law 98-620 
98th Congress 
An Act 
To amend title 28. United States Code, with respect to the places where court shall be 
Nov. 8, 1984 
held in certain judicial districts, and for other purposes. 
[H.R. 6163] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
T I T L E I 
Trademark 
Clarification Act 
SHORT TITLE 
of 1984. 
SEC. 101. This title may be cited as the "Trademark Clarification 
15 use 1051 
Act of 1984". 
note. 
AMENDMENT TO THE TRADEMARK ACT 
SEC. 102. 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 v-^ith 
which it has been used". 
DEFINITIONS 
SEC. 103. Section 45 of such Act (15 U.S.C. 1127) is amended as 
follows: 
(1) Strike out "The term 'trade-mark' 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.". 
(2) 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.". 
98 STAT. 3336 
PUBLIC LAW 98-620—NOV. 8, 1984 
(3) Add at the end of subparagraph (b) in the paragraph which 
begins "A mark shall be deemed to be 'abandoned'", the follow-
ing new sentence: "Purchaser motivation shall not be a test for 
determining abandonment under this subparagraph.". 
15 u s e 1064 
note. 
State Justice 
Institute Act of 
1984. 
42 u s e 10701 
note. 
42 u s e 10701. 
JUDGMENTS 
SEC. 104. 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 
SHORT TITLE 
SEC. 201. This title may be cited as the "State Justice Institute Act 
of 1984". 
DEFINITIONS 
SEC. 202. As used in this title, the term— 
(1) "Board" means the Board of Directors of the Institute; 
(2) "Director" means the Executive Director of the Institute; 
(3) "Governor" means the Chief Executive Officer of a State; 
(4) "Institute" means the State Justice Institute; 
(5) "recipient" means any grantee, contractor, or recipient of 
financial assistance under this title; 
(6) "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 
(7) "Supreme Court" means the highest appellate court 
within a State unless, for the purposes of this title, a constitu-
tionally or legislatively established judicial council acts in place 
of that court. 
eorporation. 
42 u s e 10702. 
ESTABLISHMENT OF INSTITUTE; DUTIES 
SEC. 203. (a) 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 con-
ferred upon a nonprofit corporation by the laws of the State in 
which it is incorporated. 
(b) The Institute shall— 
(1) 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— 
(A) State courts; 
(B) national organizations which support and are sup-
ported by State courts; and 
(C) any other nonprofit organization that will support and 
achieve the purposes of this title; 
(2) foster coordination and cooperation with the Federal judi-
ciary in areas of mutual concern; 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3337 
(3) promote recognition of the importance of the separation of 
powers doctrine to an independent judiciary; and 
(4) encourage education for judges and support personnel of 
State court systems through national and State organizations, 
including universities. 
(c) The Institute shall not duplicate functions adequately per-
formed 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 pro-
grams supported by Federal funding. 
(d) 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. 
(e) 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. 
(D The Institute shall afford notice and reasonable opportunity for 
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. 
Federal 
Register, 
publication. 
BOARD OF DIRECTORS 
SEC. 204. (a)(1) 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. 
(2) The Board shall consist o
f
— 
(A) six judges, to be appointed in the manner provided in 
paragraph (3); 
(B) one State court administrator, to be appointed in the 
manner provided in paragraph (3); and 
(C) 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). 
(3) 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 Jus-
tices shall submit a list of at least fourteen individuals, including 
judges and State court administrators, whom the conference consid-
ers 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, 
42 u s e 10703. 
98 STAT. 3338 
PUBLIC LAW 98-620—NOV. 8, 1984 
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 Jus-
tices shall obtain and consider the recommendations of all inter-
ested organizations and individuals concerned with the administra-
tion of justice and the objectives of this title. 
(4) In addition to those members appointed under paragraph (8), 
the President shall appoint four members from the public sector to 
serve on the Board. 
(5) 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 (H) in a timely manner so that the 
appointments can be made within the time periods specified in this 
paragraph. 
((i) 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. 
(b)(1) 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. 
(2) 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. 
(8) 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 termina-
tion of the preceding term. 
Prohibition. 
(O No member shall be reappointed to more than two consecutive 
terms immediately following such member's initial term. 
(d) 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. 
(e) The members of the Board shall not, by reason of such mem-
bership, be considered officers or employees of the United States. 
(f) 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. 
(g) 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. 
(h) 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. 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3339 
(i) 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. 
(j) 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. 
(k) In its direction and supervision of the activities of the Institute, 
the Board shall— 
(1) establish policies and develop such programs for the Insti-
tute that will further the achievement of its purpose and per-
formance of its functions; 
(2) establish policy and funding priorities and issue rules, 
regulations, guidelines, and instructions pursuant to such 
priorities; 
(3) 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; 
(4) 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 improve-
ment of such programs or activities; 
(5) consider and recommend to both public and private agen-
cies aspects of the operation of the State courts of the United 
States considered worthy of special study; and 
(6) award grants and enter into cooperative agreements or 
contracts pursuant to section 206(a). 
OFFICERS AND EMPLOYEES 
SEC. 205. (a)(1) The Director, subject to general policies established 
42 use 10704. 
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. 
(2) 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 Insti-
tute, or in selecting or monitoring any grantee, contractor, person, 
or entity receiving financial assistance under this title. 
(b) 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. 
(c)(1) Except as otherwise specifically provided in this title, the 
Institute shall not be considered a department, agency, or instru-
mentality of the Federal Government. 
(2) This title does not limit the authority of the Office of Manage-
ment and Budget to review and submit comments upon the Insti-
tute's annual budget request at the time it is transmitted to the 
Congress. 
98 STAT. 3340 
PUBLIC LAW 98-620—NOV. 8, 1984 
5 u s e 8101, 8301 
et seq., 
8701 et seq., 
8901 et seq. 
(d)(1) Except as provided in paragraph (2), officers and employees 
of the Institute shall not be considered officers or employees of the 
United States. 
(2) 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 I 
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 insurance). The Insti-
tute shall make contributions under the provisions referred to in 
this subsection at the same rates applicable to agencies of the 
Federal Government. 
(e) 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. 
42 u s e 10705. 
Research and 
development. 
Public 
information. 
Education. 
Education. 
GRANTS AND CONTRACTS 
SEC. 206. (a) The Institute is authorized to award grants and enter 
into cooperative agreements or contracts, in a manner consistent 
with subsection (b), in order to— 
(1) conduct research, demonstrations, or special projects per-
taining to the purposes described in this title, and provide 
technical assistance and training in support of tests, demonstra-
tions, and special projects; 
(2) serve as a clearinghouse and information center, where 
not otherwise adequately provided, for the preparation, publica-
tion, and dissemination of information regarding State judicial 
systems; 
(8) participate in joint projects with other agencies, including 
the Federal Judicial Center, with respect to the purposes of this 
title; 
(4) 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; 
(5) encourage and assist in the furtherance of judicial 
education; 
(6) 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 
(7) be responsible for the certification of national programs 
that are intended to aid and improve State judicial systems. 
(b) The Institute is empowered to award grants and enter into 
cooperative agreements or contracts as follows: 
(1) The Institute shall give priority to grants, cooperative 
agreements, or contracts with— 
(A) State and local courts and their agencies, 
(B) national nonprofit organizations controlled by, operat-
ing in conjunction with, and serving the judicial branches of 
State governments; and 
(C) national nonprofit organizations for the education and 
training of judges aad-support personnel of the judicial 
branch of State governments. 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3341 
(2) The Institute may, if the objective can better be served 
thereby, award grants or enter into cooperative agreements or 
contracts with— 
(A) other nonprofit organizations with expertise in judi-
cial administration; 
(B) institutions of higher education; 
(C) individuals, partnerships, firms, or corporations; and 
(D) private agencies with expertise in judicial administra-
tion. 
(3) 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 arrange-
ments, the Institute may award a grant or enter into a coopera-
tive agreement or contract with a unit of Federal, State, or local 
government other than a court. 
(4) 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. 
(c) Funds available pursuant to grants, cooperative agreements, or 
contracts awarded under this section may be used— 
(1) 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; 
(2) to support education and training programs forjudges and 
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; 
(8) to conduct research on alternative means for using nonju-
dicial personnel in court decisionmaking activities, to imple-
ment demonstration programs to test innovative approaches, 
and to conduct evaluations of their effectiveness; 
(4) to assist State and local courts in meeting requirements of 
Federal law applicable to recipients of Federal funds; 
(5) 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; 
((>) to support State court planning and budgeting staffs and to 
provide technical assistance in resource allocation and service 
forecasting techniques; 
(7) to support studies of the adequacy of court management 
systems in State and local courts and to implement and evalu-
ate innovative responses to problems of record management, 
data processing, court personnel management, reporting and 
transcription of court proceedings, and juror utilization and 
management; 
(8) to collect and compile statistical data and other informa-
tion on the work of the courts and on the work of other agencies 
which relate to and effect the work of courts; 
(D) to conduct studies of the causes of trial and appellate court 
delay in resolving cases, and to establish and evaluate experi-
mental programs for reducing case processing time; 
Education. 
Education. 
Research and 
development. 
98 STAT. 3342 
PUBLIC LAW 98-620—NOV. 8, 1984 
(10) to develop and test methods for measuring the perform-
ance of judges and courts and to conduct experiments in the use 
of such measures to improve the functioning of such judges and 
courts; 
(11) 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 require-
ments of due process with the need for swift and certain justice, 
and to test the utility of those alternative approaches; 
(12) to support studies of the outcomes of cases in selected 
subject matter areas to identify instances in which the sub-
stance of justice meted out by the courts diverges from public 
expectations of fairness, consistency, or equity, to propose alter-
native approaches to the resolving of cases in problem areas, 
and to test and evaluate those alternatives; 
(13) 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 develop-
ment of procedures for obtaining and using measures of public 
satisfaction with court processes to improve court performance; 
(14) to test and evaluate experimental approaches to provid-
ing increased citizen access to justice, including processes which 
reduce the cost of litigating common grievances and alternative 
techniques and mechanisms for resolving disputes between citi-
zens; and 
(15) to carry out such other programs, consistent with the 
purposes of this title, as may be deemed appropriate by the 
Institute. 
(d) The Institute shall incorporate in any grant, cooperative agree-
ment, 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. 
(e) The Institute shall monitor and evaluate, or provide for inde-
pendent 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. 
Study. 
(f) The Institute shall provide for an independent study of the 
financial and technical assistance programs under this title. 
LIMITATIONS ON GRANTS AND CONTRACTS 
42 use 10706. 
SEC. 207. (a) With respect to grants made and contracts or coopera-
tive agreements entered into under this title, the Institute shall— 
(1) 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 Execu-
tive 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 
o
f
" the United States, or by any State or local legislative body, or 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3343 
any State proposal by initiative petition, or of any referendum, 
unless a governmental agency, legislative body, a committee, or 
a member thereof— 
(A) requests personnel of the recipients to testify, draft, or 
review measures or to make representations to such 
agency, body, committee, or member; or 
(B) is considering a measure directly affecting the activi-
ties under this title of the recipient or the Institute; 
(2) ensure all personnel engaged in grant, cooperative agree-
ment or contract assistance activities supported in whole or part 
by the Institute refrain, while so engaged, from any partisan 
political activity; and 
(3) 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— 
(A) the application for refunding has been approved and 
funds pursuant thereto received; or 
(B) the application for refunding has been finally denied 
in accordance with section 9 of this title. 
(b) 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. 
(c) The authorization to enter into cooperative agreements, con-
tracts 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. 
(d) 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— 
(1) to supplant State or local funds currently supporting a 
program or activity; or 
(2) 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. 
RESTRICTIONS ON ACTIVITIES OF THE INSTITUTE 
SEC. 208. (a) The Institute shall not— 
42 use 10707. 
(1) 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; 
(2) 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, consist-
ent with the requirements of this title; or 
(3) undertake to influence the passage or defeat of any legisla-
tion 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— 
(A) when formally requested to do so by a legislative 
body, committee, or a member thereof; 
98 STAT. 3344 
PUBLIC LAW 98-620—NOV. 8, 1984 
(B) in connection with legislation or appropriations 
directly affecting the activities of the Institute; or 
(C) in connection with legislation or appropriations deal-
ing with improvements in the State judiciary, consistent 
with the provisions of this title. 
(b)(1) The Institute shall have no power to issue any shares of 
stock, or to declare or pay any dividends. 
(2) 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. 
(3) 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 candi-
date for public or party office. 
(4) 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. 
(c) 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. 
SPECIAL PROCEDURES 
42 use 10708. 
SEC. 209. The Institute shall prescribe procedures to ensure that— 
(1) financial assistance under this title shall not be suspended 
unless the grantee, contractor, person, or entity receiving finan-
cial assistance under this title has been given reasonable notice 
and opportunity to show cause why such actions should not be 
taken; and 
(2) financial assistance under this title shall not be termi-
nated, 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 exam-
iners shall be appointed by the Institute in accordance with 
procedures established in regulations promulgated by the 
Institute. 
PRESIDENTIAL COORDINATION 
42 use 10709. 
SEC. 210. 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. 
RECORDS AND REPORTS 
42 use 10710. 
SEC. 211. (a) 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. 
(b) The Institute is authorized to prescribe the keeping of records 
with respect to funds provided by any grant, cooperative agreement, 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3345 
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 £ind 
conditions upon which financial assistance was provided. 
(c) 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 
inspection during regular business hours, and copies shall be fur-
nished, upon request, to interested parties upon payment of such 
reasonable fees as the Institute may establish. 
(d) Non-Federal funds received by the Institute, and funds re-
ceived 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. 
AUDITS 
SEC. 212. (a)(1) The accounts of the Institute shall be audited 
annually. Such audits shall be conducted in accordance with gener-
ally accepted auditing standards by independent certified public 
accountants who are certified by a regulatory authority of the 
jurisdiction in which the audit is undertaken. 
(2) 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 belong-
ing 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 bal-
ances and securities held by depositories, fiscal agents, and custo-
dians shall be afforded to any such person. 
(3) The report of the annual audit shall be filed with the General 
Accounting Office and shall be available for public inspection during 
business hours at the principal office of the Institute. 
(b)(1) 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. 
(2) 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, ac-
counts, 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 prop-
erty for a longer period under section 3523(c) of title 31, United 
States Code. 
Public 
availability. 
42 use 10711. 
Report. 
Public 
availability. 
98 STAT. 3346 
PUBLIC LAW 98-620—NOV. 8, 1984 
Report. 
Reports. 
Public 
availability. 
(3) 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. 
(c)(1) 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. 
(2) 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 
funds received from the Institute. Such audit reports shall be avail-
able for public inspection during regular business hours, at the 
principal office of the Institute. 
REPORT BY ATTORNEY GENERAL 
42 use 10712. 
SEC. 213. On October 1, 1987, the Attorney General, in con-
sultation with the Federal Judicial Center, shall transmit to the 
Committees on the Judiciary of the Senate and the House of Repre-
sentatives 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. 
AMENDMENTS TO OTHER LAWS 
SEC. 214. Section 620(b) of title 28, United States Code, is amended 
b y -
(1) striking out "and" at the end of paragraph (3); 
(2) striking out the period at the end of paragraph (4) and 
inserting in lieu thereof "; and"; and 
(3) 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.". 
AUTHORIZATIONS 
42 use 10713. 
SEC. 215. 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. 
EFFECTIVE DATE 
42 use 10701 
SEC. 216. The provisions of this title shall take effect on October 1, 
note. 
1985. 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3347 
TITLE III 
SHORT TITLE 
SEC. 301. This title may be cited as the "Semiconductor Chip 
Protection Act of 1984". 
PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS 
SEC. 302. Title 17, United States Code, is amended by adding at the 
end thereof the following new chapter: 
"CHAPTER 9—PROTECTION OF SEMICONDUCTOR 
CHIP PRODUCTS 
Semiconductor 
Chip Protection 
Act of 1984. 
17 u s e 901 note. 
Computers. 
"Sec. 
"901. Definitions. 
"902. Subject matter of protection. 
"903. Ownership and transfer. 
"904. Duration of protection. 
"905. Exclusive rights in mask works. 
"906. Limitation on exclusive rights: reverse engineering; first sale. 
"907. Limitation on exclusive rights: innocent infringement. 
"908. Registration of claims of protection. 
"909. Mask work notice. 
"910. Enforcement of exclusive rights. 
"911. Civil actions. 
"912. Relation to other laws. 
"913. Transitional provisions. 
"914. International transitional provisions. 
"§ 901. Definitions 
"(a) As used in this chapter— 
"(1) a 'semiconductor chip product' is the final or intermedi-
ate 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 predeter-
mined 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 semiconduc-
tor 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 otherv/^ise 
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 prod-
uct embodying the mask work; except that such term includes 
an offer to sell or transfer a semiconductor chip product only 
17 use 901. 
98 STAT. 3348 
PUBLIC LAW 98-620—NOV. 8, 1984 
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 knowl-
edge that, or reasonable grounds to believe that, a mask work is 
protected under this chapter; and 
"(9) an 'infringing semiconductor chip product' is a semicon-
ductor 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. 
17 use 902. 
"§ 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 i
f
— 
"(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). 
President 
"(2) Whenever the President finds that a foreign nation extends, 
of U.S. 
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, 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3349 
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 famil-
iar 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. 
"§ 903. Ownership, transfer, licensing, and recordation 
17 use 903. 
"(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). 
"§ 904. Duration of protection 
17 USC 904. 
"(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). 
98 STAT. 3350 
PUBLIC LAW 98-620—NOV. 8, 1984 
"(c) All terms of protection provided in this section shall run to 
the end of the calendar year in which they would otherwise expire. 
17 use 905. 
"§ 905. Exclusive rights in mask works 
"The owner of a mask work provided protection under this chap-
ter 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). 
17 use 906. 
"§ 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. 
17 use 907. 
"§ 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 pur-
chaser 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 protec-
tion with respect to the mask work embodied in the semiconduc-
tor 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 re-
ferred 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. 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3351 
"(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 pro-
tection with respect to the mask work embodied in the semiconduc-
tor chip product. 
"§ 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 
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 admin-
istrative 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 
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 certifi-
cate of registration of the claim of protection under the seal of the 
Copyright Office. The effective date of registration of a claim of 
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 certifi-
cate 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 
17 u s e 908. 
Termination. 
17 u s e 701 
et seq. 
Regulations. 
Effective date. 
Prima facie 
evidence. 
98 STAT. 3352 
PUBLIC LAW 98-620—NOV. 8, 1984 
17 use 909. 
Regulations. 
Prima facie 
evidence. 
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 
5 use 701 
after the refusal. The provisions of chapter 7 of title 5 shall apply to 
etseq. 
such judicial review. The failure of the Register of Copyrights to 
issue a certificate of registration within four months after an appli-
cation 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. 
"§ 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. 
The Register of Copyrights shall prescribe by regulation, as exam-
ples, specific methods of affixation and positions of notice for pur-
poses of this section, but these specifications shall not be considered 
exhaustive. The affixation of such notice is not a condition of 
protection under this chapter, but shall constitute prima facie evi-
dence of notice of protection. 
"(b) The notice referred to in subsection (a) shall consist o
f
— 
"(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. 
17 use 910. 
"§ 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 protec-
tion 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 jurisdic-
tion to determine that issue. 
Regulations. 
"(c)(1) The Secretary of the Treasury and the United States Postal 
Service shall separately or jointly issue regulations for the enforce-
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3353 
ment of the rights set forth in section 905 with respect to importa-
tion. 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 Inter-
national Trade Commission under section 387 of the Tariff Act 
of 1930 excluding, importation of the articles. 
19 USC 1337. 
"(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 
905 are subject to seizure and forfeiture in the same manner as 
forfeiture. 
property imported in violation of the customs laws. Any such for-
feited 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 consti-
tuted a violation of the law. 
"§911. Civil actions 
17USC911. 
"(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 estab-
lishing 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 infring-
ers 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 exclu-
sive rights in a mask work under this chapter is pending, the court 
may order the impounding, on such terms as it may deem reasona-
ble, 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-
98 STAT. 3354 
PUBLIC LAW 98-620—NOV. 8, 1984 
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. 
17 use 912. 
"§ 912. Relation to other laws 
"(a) Nothing in this chapter shall affect any right or remedy held 
17 use 1-801 et 
by any person under chapters 1 through 8 of this title, or under 
se?- 
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. 
28 use 1338, 
"(d) The provisions of sections 1338, 1400(a), and 1498 Qa) and (c) of 
1400,1498. 
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. 
17 use 913. 
"§ 913. Transitional provisions 
Prohibition. 
"(a) No application for registration under section 908 may be filed, 
and no civil action under section 910 or other enforcement proceed-
ing under this chapter may be instituted, until sixty days after the 
date of the enactment of this chapter. 
Prohibition. 
"(b) No monetary relief under section 911 may be granted with 
respect to any conduct that occurred before the date of the enact-
ment 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 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3355 
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. 
"§ 914. International transitional provisions 
17 USC 914. 
"(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 sover-
eign 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(aX2); and 
"(2) that the nationals, domiciliaries, and sovereign authori-
ties of the foreign nation, and persons controlled by them, are 
not engaged in the misappropriation, or unauthorized distribu-
tion 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 prote<;tion 
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 subsec-
tion (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 termi-
nates 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 condi-
tions 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 commer-
cially exploited in that foreign nation become eligible for protec-
tion under subparagraph (A) or (C) of section 902(aXl). 
"(2) Upon the termination or expiration of an order issued under 
this section, registrations of claims of protection in mask works 
98 STAT. 3356 
PUBLIC LAW 98-620—NOV. 8, 1984 
Federal 
Register, 
publication. 
Report. 
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. 
"(fid) The Secretary of Commerce shall promptly notify the Regis-
ter 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 
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 Copy-
rights, 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 consul-
tation with the Register of Copyrights, considers would promote the 
purposes of this chapter and international comity with respect to 
mask work protection.". 
17 u s e 901 note. 
TECHNICAL AMENDMENT 
SEC. 303. 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: 
"9. Protection of semiconductor chip products 
901". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 304. 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 
28 u s e 1657. 
28 u s e 2241 et 
seq., 1826. 
ESTABLISHMENT OF PRIORITY OF CIVIL ACTIONS 
SEC. 401. (a) Chapter 111 of title 28, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 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. 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3357 
"(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.". 
(b) The section analysis of chapter 111 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"1657. Priority of civil actions.". 
AMENDMENTS TO OTHER LAWS 
SEC. 402. The following provisions of law are amended— 
(1)(A) Section 309(a)(10) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 437g(a)(10) is repealed. 
(B) Section 310(c) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 437h(c)) is repealed. 
(2) Section 552(a)(4)(D) of title 5, United States Code, is 
repealed. 
(3) 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.". 
(4)(A) 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. 
(B) 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.". 
(C) 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. 
(D) 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. 
(5) Section 204(d) of the Packers and Stockyards Act, 1921 (7 
U.S.C. 194(d)), is amended by striking out the second sentence. 
(6) 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". 
(7)(A) 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.". 
(B) 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.". 
(8) Section 816(c)(4) of the Act of October 7, 1975, commonly 
known as the Department of Defense Appropriation Authoriza-
tion Act of 1976 (10 U.S.C. 2304 note) is amended by striking out 
(9) 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 pro-
ceedings shall be given precedence over other cases pending in 
such courts, and shall be in every way expedited.". 
98 STAT. 3358 
PUBLIC LAW 98-620—NOV. 8, 1984 
(lOXA) 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 respond-
ent 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.". 
(B) Section 11(e) of the Clayton Act (15 U.S.C. 21(e)) is 
amended by striking out the first sentence. 
(11) Section 1 of the Act of February 11, 1903, commonly 
known as the Expediting Act (15 U.S.C. 28) is repealed. 
(12) Section 5(e) of the Federal Trade Commission Act (15 
U.S.C. 45(e)) is amended by striking out the first sentence. 
(13) Section 21(f)(3) of the Federal Trade Commission 
Improvements Act of 1980 (15 U.S.C. 57a-l(f)(3)) is repealed. 
(14) Section llA(c)(4) of the Securities Exchange Act of 1934 
(15 U.S.C. 78k-l(c)(4)) is amended— 
(A) by striking out "(A)" after "(4)"; and 
(B) by striking out subparagraph (B). 
(15)(A) 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. 
(B) 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. 
(C) 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. 
(16) Section 10(c)(2) of the Alaska Natural Gas Transportation 
Act (15 U.S.C. 719h(c)(2)) is repealed. 
(17) 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). 
(18) 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. 
(19) Section 23(d) of the Toxic Substances Control Act (15 
U.S.C. 2622(d)) is amended by striking out the last sentence. 
(20) Section 12(e)(3) of the Coastal Zone Management Improve-
ment Act of 1980 (16 U.S.C. 1463a(e)(3)) is repealed. 
(21) Section 11 of the Act of September 28, 1976 (16 U.S.C. 
1910), is amended by striking out the last sentence. 
(22) (A) Section 807(b) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3117(b)) is repealed. 
(B) Section 1108 of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3168) is amended to read as follows: 
"INJUNCTIVE RELIEF 
"SEC. 1108. No court shall have jurisdiction to grant any injunc-
tive relief lasting longer than ninety days against any action pursu-
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3359 
ant to this title except in conjunction with a final judgment entered 
in a case involving an action pursuant to this title.". 
(23)(A) Section 10(b)(3) of the Central Idaho Wilderness Act of 
1980 (Public Law 96-312; 94 Stat. 948) is repealed. 
(B) 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.". 
(24)(A) Section 1964(b) of title 18, United States Code, is 
amended by striking out the second sentence. 
(B) Section 1966 of title 18, United States Code, is amended by 
striking out the last sentence. 
(25)(A) Section 408(i)(5) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 346a(i)(5)) is amended by striking out the 
last sentence. 
(B) 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. 
(26) 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. 
(27) Section 4 of the Act of December 22, 1974 (25 U.S.C. 
64()d-3), is amended by striking out "(a)" and by striking out 
subsection (b). 
(28XA) Section 3310(e) of the Internal Revenue Code of 1954 
(26 U.S.C. 3310(e)) is repealed. 
(B) Section 6110(0(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". 
(C) Section 6363(dX4) of the Internal Revenue Code of 1954 (26 
U.S.C. 6363(d)(4)) is repealed. 
(D) Section 7609(h)(3) of the Internal Revenue Code of 1954 (26 
U.S.C. 7609(hX3)) is repealed. 
(E) Section 9010(c) of the Internal Revenue Code of 1954 (26 
U.S.C. 9010(c)) is amended by striking out the last sentence. 
(F) Section 9011(bX2) of the Internal Revenue Code of 1954 (26 
U.S.C. 9011(bX2)) is amended by striking out the last sentence. 
(29XA) Section 596(aX3) of title 28, United States Code, is 
amended by striking out the last sentence. 
(B) Section 636(cX4) of title 28, United States Code, is amended 
in the second sentence by striking out "expeditious and". 
(C) 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. 
(D) Subsection (c) of section 1364 of title 28, United States 
Code, the section heading of which reads "Senate actions", is 
rGT3C31GQ 
(E) Section 2284(bX2) of title 28, United States Code, is 
amended by striking out the last sentence. 
(F) Section 2349(b) of title 28, United States Code, is amended 
by striking out the last two sentences. 
(G) 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. 
(30) Section 10 of the Act of March 23, 1932, commonly known 
as the Norris-LaGuardia Act (29 U.S.C. 110), is amended by 
98 STAT. 3360 
PUBLIC LAW 98-620—NOV. 8, 1984 
striking out "with the greatest possible expedition" and all that 
follows through the end of the sentence and inserting in lieu 
thereof "expeditiously". 
(31) Section 10(i) of the National Labor Relations Act (29 
U.S.C. 160(i)) is repealed. 
(32) 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. 
(33) Section 4003(e)(4) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1303(e)(4)) is repealed. 
(34) 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 
o u t trip l&st SGntGnCG 
(35) Section 1016 of the Impoundment Control Act of 1974 (31 
2 use 687. 
U.S.C. 1406) is amended by striking out the second sentence. 
(36) 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.". 
(37) Section 3628 of title 39, United States Code, is amended 
by striking out the fourth sentence. 
(38) Section 1450(i)(4) of the Public Health Service Act (42 
U.S.C. 300j-9(i)(4)) is amended by striking out the last sentence. 
(39) Section 304(e) of the Social Security Act (42 U.S.C. 504(e)) 
IS rGOGQ-lGQ 
(40) Section 814 of the Act of April 11, 1968 (42 U.S.C. 3614), is 
repealed. 
(41) 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. 
(42) Section 214(b) of the Emergency Energy Conservation Act 
of 1979 (42 U.S.C. 8514(b)) is repealed. 
(43) 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". 
(44) Section 23(d) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1349(d)) is repealed. 
(45) 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.". 
(46) Section 203(d) of the Trans-Alaska Pipeline Authorization 
Act (43 U.S.C. 1652(d)) is amended by striking out the fourth 
sentence. 
(47) 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". 
(48) Section 305(d)(2) of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 745(d)(2)) is amended— 
(A) in the first sentence by striking out "Within 180 days 
after" and inserting in lieu thereof "After"; and 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3361 
(B) in the last sentence by striking out "Within 90 days 
after" and inserting in lieu thereof "After". 
(49) Section 124(b) of the Rock Island Transition and Em-
ployee 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". 
(50) Section 402(g) of the Communications Act of 1934 (47 
U.S.C. 402(g)) is amended— 
(A) by striking out "At the earliest convenient time the" 
and inserting in lieu thereof "The"; and 
(B) by striking out "10(e) of the Administrative Procedure 
Act" and inserting in lieu thereof "706 of title 5, United 
States Code". 
(51) 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. 
(52) Section 606(c)(1) of the Rail Safety and Service Improve-
ment Act of 1982 (Public Law 97-468; 49 U.S.C. 1205(c)(1)) is 
amended by striking out the second sentence. 
(53) 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". 
(54) 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. 
(55) 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. 
49 u s e app. 
2305. 
45 u s e 1205. 
EFFECTIVE DATE 
SEC. 403. The amendments made by this subtitle shall not apply to 
cases pending on the date of the enactment of this subtitle. 
28 u s e 1657 
note. 
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, Haup-
pauge, and Hempstead (including the village of Uniondale).". 
SEC. 406. (a) Subsection (a) of section 93 of title 28, United States 
Code, is amended— 
(1) in paragraph (1) by striking out "De Kalb," and 
"McHenry,"; and 
(2) in paragraph (2)— 
(A) by inserting "De Kalb," immediately after "Carroll,"; 
and 
(B) by inserting "McHenry," immediately after "Lee,". 
(b) 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. 
(c) The second sentence of subsection (b) of section 93 of title 28, 
United States Code, is amended by inserting "Champaign/Urbana," 
before "Danville". 
Federal District 
eourt 
Organization 
Act of 1984. 
28 u s e 1 note. 
28 u s e 93 note. 
98 STAT. 3362 
PUBLIC LAW 98-620—NOV. 8, 1984 
SEC. 407. (a) Subsection (b) of section 124 of title 26, United States 
28 use 124. 
Code, is amended— 
(1) by striking out "six divisions" and inserting in lieu thereof 
"seven divisions"; 
(2) in paragraph (4) by striking out ", Hidalgo, Starr,"; and 
(3) 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.". 
28 use 124 note. 
(b) 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. (a) Paragraph (1) of section 90(a) of title 28, United States 
Code, is amended— 
(1) by inserting "Fannin," after "Dawson,"; 
(2) by inserting "Gilmer," after "Forsyth,"; and 
(3) by inserting "Pickens," after "Lumpkin,". 
(b) Paragraph (2) of section 90(a) of title 28, United States Code, is 
amended by striking out "Fannin,", "Gilmer,", and "Pickens,". 
(c) 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". 
28 use 90 note. 
(d) The amendments made by this section shall apply to any 
action commenced in the United States District Court for the North-
ern 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 "Brattle-
boro". 
Effective date. 
SEC. 411. (a) The amendments made by this subtitle shall take 
28 use 85 note, 
effect on January 1,1985. 
(b) 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. 
Technical 
Amendments 
to the Federal 
eourts 
Improvement 
Act of 1982. 
28 u s e 1 note. 
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. (a) 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". 
(b) 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 fmal," after 
"appeal such 
determination". 
SEC. 414. (a) Sections 142, 143, and 144 of title 35, United States 
Code, are amended to read as follows: 
PUBLIC LAW 98-620-NOV. 8, 1984 
98 STAT. 3363 
"§ 142. Notice of appeal 
35 use 142. 
"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 Comniis-
sioner, 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. 
"§ 143. Proceedings on appeal 
35 USC 143. 
"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. 
"§ 144. Decision on appeal 
35 USC 144. 
"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.". 
(b) 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 Trade-
mark 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 determina-
tion the court shall issue its mandate and opinion to the Commis-
98 STAT. 3364 
PUBLIC LAW 98-620—NOV. 8, 1984 
sioner, which shall be entered of record in the Patent and Trade-
mark Office and shall govern the further proceedings in the case.". 
35 use 142 note. 
(c) The amendments made by this section shall apply to proceed-
ings 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. 
28 use 713 note. 
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: 
(a) There shall be inserted, after section 797 thereof, in chapter 51 
thereof, the following new section 798, which shall read as follows: 
28 use 798. 
"§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 Colum-
bia 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.". 
(b) The caption of chapter 51, title 28, shall be amended to include 
the following item: 
"798. Places of holding court; appointment of special masters.". 
TITLE V—GOVERNMENT RESEARCH AND DEVELOPMENT 
PATENT POLICY 
SEC. 501. Chapter 18 of title 35, United States Code, is amended— 
(1) by adding "or any novel variety of plant which is or may 
be protectable under the Plant Varietv Protection Act (7 U.S.C. 
35 use 201. 
2321 et seq.)" immediately after "title in section 201(d); 
(2) by adding ": Provided, That in the case of a variety of 
plant, the date of determination (as defined in section 41(d) 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); > 
Contracts with 
(3) in section 202(a), by amending clause (i) to read as follows: 
U.S. 
"(i) when the contractor is not located in the United States or 
3
5
^ use 202 
*^°®^ ^^^ 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-
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3365 
graph, the following: "or, iv) when the funding agreement 
includes the operation of a Government-owned, contractor-oper-
ated 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." 
(4) 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 determi-
nation In the case of determinations applicable to funding agree-
ments 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 determina-
tion 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 Procure-
ment Policy, and recommend corrective actions. 
"(2) Whenever the Administrator of the Office of Federal Procure-
ment 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."; 
(4A) By adding at the end of section 202(b) the following new 
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).". 
(5) by amending paragraphs (1), (2), (3), and (4) of section 202(c) 
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 administra-
tion 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 
35 u s e 202. 
Small business. 
Regulations. 
Contracts with 
U.S. 
Grants. 
Contracts with 
U.S. 
Grants. 
3 1 - 1 9 4 
0 - 8 6 - 3 2 
: QL.3 
P a r t 3 
98 STAT. 3366 
PUBLIC LAW 98-620—NOV. 8, 1984 
International 
agreements. 
Defense and 
national 
security. 
35 u s e 202. 
Contracts with 
U.S. 
Grants. 
Small business. 
period: And provided further, That the Federal Government 
may receive title to any subject invention in which the contrac-
tor 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 
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.". 
(6) 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"; 
(7) 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 embodi-
ments of the invention" in clause (A) of section 202(c)(7); 
(8) 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 agree-
ment for the operation of a Government-owned-contractor-oper-
ated facility, a requirement that the balance of any royalties or 
income earned by the contractor with respect to subject inven-
tions, after payment of expenses (including payments to inven-
tors) incidental to the administration of subject inventions, be 
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 patent-
ing 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, develop-
ment, and education consistent with the research and develop-
ment mission and objectives of the facility, including activities 
PUBLIC LAW 98-620—NOV. 8, 1984 
98 STAT. 3367 
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 employ-
ees on location at the facility." 
(9) 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 promulgated in accordance with section 206. Addi-
tionally, 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 juris-
diction 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."; 
(10) by amending section 206 to read as follows: 
"§ 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."; 
(11) 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 main-
taining 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 poten-
tial for commercial utilization."; and 
(12) in section 208 by striking out "Administrator of General 
Services" and inserting 
in 
lieu 
thereof 
"Secretary 
of 
Commerce". 
(13) 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 
than small business firms and nonprofit organizations, shall 
35 use 203. 
Regulations. 
35 use 206. 
eontracts with 
U.S. 
Grants. 
98 STAT. 3368 
PUBLIC LAW 98-620—NOV. 8, 1984 
include the requirements established in paragraph 202(cX4) and 
section 203 of this title." 
(14) by adding at the end thereof the following new section: 
Prohibition. 
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§ 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 
(15) by adding at the end of the table of sections for the 
chapter the following new item: 
"212. Disposition of rights in educational awards.". 
Approved November 8, 1984. 
LEGISLATIVE HISTORY—H.R. 6163: 
HOUSE REPORT No. 98-1062 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 24, considered and passed House. 
Oct. 3, considered and passed Senate, amended. 
Oct. 9, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984): 
July 9, Presidential statement.