Ask AI
Bill102th CongressFiled Feb 22, 1991Commerce
S. 479

National Cooperative Research Act Extension of 1992

Bill journey · stage 2 of 5

Under committee review

Filed
Comm.
Floor
Both
Law

What it doesSummary passed senate amended (Feb 27, 1992)

National Cooperative Research Act Extension of 1992 - Amends the National Cooperative Research Act of 1984 (NCRA) to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws, subject to specified conditions.

Declares as the purpose of such Act to promote innovation, facilitate trade, and strengthen U.S. competitiveness in world markets by clarifying the applicability of the rule of reason standard and establishing a procedure under which firms may notify the Department of Justice (DOJ) and the Federal Trade Commission (FTC) of their cooperative ventures and thereby qualify for a single-damage limitation on civil antitrust liability.

Modifies the definition of a joint research and development (R&D) venture to reflect the extension of the NCRA to joint production ventures. Authorizes: (1) joint venturers to engage in the production or testing of any product, process, or service and to collect, exchange, and analyze production information related to the venture's activity; and (2) the integration of existing facilities to produce or process a new product or technology. Limits recovery to actual damages for joint production ventures.

Makes this Act inapplicable with respect to: (1) the marketing of proprietary information, such as patents and trade secrets developed through a joint venture formed before conveying the enactment of this Act; and (2) the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such venture formed after the enactment of this Act.

Expands the filing requirement under the NCRA to specify that, in identifying the parties to the venture, the notification must include a corporation's place of incorporation and the location of its principal executive offices.

Makes provisions of the NCRA limiting recovery to actual damages applicable only to a joint production venture: (1) that provides substantial benefits to the U.S. economy; and (2) whose principal facilities for the production of a product, process, or service are located within the United States or its territories or within a country whose antitrust law accords national treatment to U.S. entities that are parties to joint ventures for production.

Sets forth reporting requirements regarding the effect of such Act on U.S. competitiveness in key technologies and areas of production, including: (1) annual reports by the FTC listing joint ventures filing under the Act and any enforcement actions brought against such ventures by DOJ and FTC; (2) a report by the Secretary of Commerce, within one year, on the treatment of U.S. business entities under the laws relating to joint R&D, joint production, or similar ventures of each foreign nation or community of nations whose business entities have filed under the Act; and (3) triennial reports by the Secretary describing the industrial technologies most commonly pursued by joint ventures for R&D made under this Act and the areas of production most commonly engaged in by joint ventures for production under the Act, analyses of the trends in U.S. industry competitiveness in those technologies and production areas, and an update of the report submitted by the Secretary with respect to the treatment of U.S. business entities under foreign laws to reflect changes in foreign laws or practices.

Provides for interagency cooperation in providing such information and assistance as the Secretary may request in the preparation of such reports.

What just happenedMar 9, 1992

Referred to the Subcommittee on Economic and Commercial Law.

Who’s behind it

Sen. Leahy, Patrick J. [D-VT](D-VT)Sponsor
14 cosponsors8 D6 R
Read on Congress.gov
14cosponsors2committees20actions3amendments19subjects
  1. Mar 9, 1992CommitteeH11000

    Referred to the Subcommittee on Economic and Commercial Law.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  2. Mar 3, 1992IntroReferralH11100

    Referred to the House Committee on Judiciary.

    Judiciary Committee
  3. Mar 3, 1992Floor

    Message on Senate action sent to the House.

  4. Mar 3, 1992FloorH14000

    Received in the House.

  5. Feb 27, 1992Floor

    Passed Senate with an amendment by Yea-Nay Vote. 96-1. Record Vote No: 34.

  6. Feb 27, 1992Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 96-1. Record Vote No: 34.

  7. Feb 27, 1992Floor

    The committee substitute as amended agreed to by Voice Vote.

  8. Feb 27, 1992Floor

    Considered by Senate.

  9. Feb 26, 1992Floor

    Measure laid before Senate by motion.

  10. Feb 26, 1992Floor

    Motion to proceed to consideration of measure agreed to in Senate.

  11. Feb 25, 1992Floor

    Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 98-0. Record Vote No: 32.

  12. Feb 25, 1992Floor

    Motion to proceed considered in Senate.

  13. Feb 21, 1992Floor

    Cloture motion on the motion to proceed presented in Senate.

  14. Feb 21, 1992Floor

    Motion to proceed to consideration of measure made in Senate.

  15. Sep 11, 1991Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 219.

  16. Sep 11, 1991Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 102-146.

    Judiciary Committee
  17. Sep 11, 1991Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 102-146.

    Judiciary Committee
  18. Jul 18, 1991Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  19. Feb 22, 1991IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  20. Feb 22, 1991IntroReferral10000

    Introduced in Senate

Passed Senate amendedFeb 27, 199235

National Cooperative Research Act Extension of 1992 - Amends the National Cooperative Research Act of 1984 (NCRA) to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws, subject to specified conditions.

Declares as the purpose of such Act to promote innovation, facilitate trade, and strengthen U.S. competitiveness in world markets by clarifying the applicability of the rule of reason standard and establishing a procedure under which firms may notify the Department of Justice (DOJ) and the Federal Trade Commission (FTC) of their cooperative ventures and thereby qualify for a single-damage limitation on civil antitrust liability.

Modifies the definition of a joint research and development (R&D) venture to reflect the extension of the NCRA to joint production ventures. Authorizes: (1) joint venturers to engage in the production or testing of any product, process, or service and to collect, exchange, and analyze production information related to the venture's activity; and (2) the integration of existing facilities to produce or process a new product or technology. Limits recovery to actual damages for joint production ventures.

Makes this Act inapplicable with respect to: (1) the marketing of proprietary information, such as patents and trade secrets developed through a joint venture formed before conveying the enactment of this Act; and (2) the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such venture formed after the enactment of this Act.

Expands the filing requirement under the NCRA to specify that, in identifying the parties to the venture, the notification must include a corporation's place of incorporation and the location of its principal executive offices.

Makes provisions of the NCRA limiting recovery to actual damages applicable only to a joint production venture: (1) that provides substantial benefits to the U.S. economy; and (2) whose principal facilities for the production of a product, process, or service are located within the United States or its territories or within a country whose antitrust law accords national treatment to U.S. entities that are parties to joint ventures for production.

Sets forth reporting requirements regarding the effect of such Act on U.S. competitiveness in key technologies and areas of production, including: (1) annual reports by the FTC listing joint ventures filing under the Act and any enforcement actions brought against such ventures by DOJ and FTC; (2) a report by the Secretary of Commerce, within one year, on the treatment of U.S. business entities under the laws relating to joint R&D, joint production, or similar ventures of each foreign nation or community of nations whose business entities have filed under the Act; and (3) triennial reports by the Secretary describing the industrial technologies most commonly pursued by joint ventures for R&D made under this Act and the areas of production most commonly engaged in by joint ventures for production under the Act, analyses of the trends in U.S. industry competitiveness in those technologies and production areas, and an update of the report submitted by the Secretary with respect to the treatment of U.S. business entities under foreign laws to reflect changes in foreign laws or practices.

Provides for interagency cooperation in providing such information and assistance as the Secretary may request in the preparation of such reports.

Reported to Senate with amendment(s)Sep 11, 199101

National Cooperative Research Act Extension of 1991 - Amends the National Cooperative Research Act of 1984 (NCRA) to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws, subject to specified conditions.

Declares as the purpose of such Act to promote innovation, facilitate trade, and strengthen U.S. competitiveness in world markets by clarifying the applicability of the rule of reason standard and establishing a procedure under which firms may notify the Department of Justice (DOJ) and the Federal Trade Commission (FTC) of their cooperative ventures and thereby qualify for a single-damage limitation on civil antitrust liability.

Modifies the definition of a joint research and development (R&D) venture to reflect the extension of the NCRA to joint production ventures. Authorizes: (1) joint venturers to engage in the production or testing of any product, process, or service and to collect, exchange, and analyze production information related to the venture's activity; and (2) the integration of existing facilities to produce or process a new product or technology. Limits recovery to actual damages for joint production ventures.

Expands the filing requirement under the NCRA to specify that, in identifying the parties to the venture, the notification must include a corporation's place of incorporation and the location of its principal executive offices.

Makes provisions of the NCRA limiting recovery to actual damages applicable only to a joint production venture: (1) whose principal facilities for the production of a product, process, or service are located within the United States or its territories; and (2) in which each of the parties makes a substantial commitment to the U.S. economy, as evidenced by investments in the United States such as long-term production facilities and by significant contributions to employment in the United States.

Sets forth reporting requirements regarding the effect of such Act on U.S. competitiveness in key technologies and areas of production, including: (1) annual reports by the FTC listing joint ventures filing under the Act and any enforcement actions brought against such ventures by DOJ; (2) a report by the Secretary of Commerce, within one year, on the treatment of U.S. business entities under the laws relating to joint R&D, joint production, or similar ventures of each foreign nation or community of nations whose business entities have filed under the Act; and (3) triennial reports by the Secretary describing the industrial technologies most commonly pursued by joint ventures for R&D made under this Act and the areas of production most commonly engaged in by joint ventures for production under the Act, analyses of the trends in U.S. industry competitiveness in those technologies and production areas, and an update of the report submitted by the Secretary with respect to the treatment of U.S. business entities under foreign laws to reflect changes in foreign laws or practices.

Provides for interagency cooperation in providing such information and assistance as the Secretary may request in the preparation of such reports.

Introduced in SenateFeb 22, 199100

National Cooperative Research Act Extension of 1991 - Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws.