[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 23 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 23

To encourage innovation and productivity, stimulate trade, and promote 
 the competitiveness and technological leadership of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

   Mr. Fish introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To encourage innovation and productivity, stimulate trade, and promote 
 the competitiveness and technological leadership of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooperative Productivity and 
Competitiveness Act of 1993''.

SEC. 2. AMENDMENTS.

    (a) Terminology.--The National Cooperative Research Act of 1984 (15 
U.S.C. 4301, et seq.) is amended by striking the term ``joint research 
and development venture'' each place it appears and inserting in lieu 
thereof ``joint research, development, or production venture'';
    (b) Definition.--Section 2(a)(6) of the National Cooperative 
Research Act of 1984 (15 U.S.C. 4301(a)(6)) is amended--
            (1) in subparagraph (D) by striking ``or'',
            (2) in subparagraph (E)--
                    (A) by striking ``(E)'' and inserting ``(F)'', and
                    (B) by striking ``and (D)'' and inserting ``(D), 
                and (E)'',
            (3) by inserting after subparagraph (D) the following:
                    ``(E) the production of any product, process, or 
                service in a jointly owned or operated facility, or'', 
                and
            (4) in the matter following subparagraph (F), as so 
        redesignated, by inserting ``development, or production,'', 
        after ``the conducting of research,''.
    (c) Exclusions.--Section 2(b) of the National Cooperative Research 
Act of 1984 (15 U.S.C. 4301(b)) is amended--
            (1) in paragraph (1) by striking ``conduct the research and 
        development that is'' and inserting ``carry out'',
            (2) in paragraph (2)--
                    (A) by striking ``or marketing'' the first place it 
                appears and inserting ``, marketing, or distribution'';
                    (B) by striking ``or marketing of'' and inserting 
                ``, marketing, or distribution of any product, process, 
                service, or'';
                    (C) by striking ``such as patents and trade 
                secrets,''; and
                    (D) by inserting ``(including patents and trade 
                secrets)'' after ``proprietary information''; and
            (3) in paragraph (3) by striking ``other research and 
        development activities'' and inserting ``any other joint 
        research, development, or production venture activity''.
    (d) Rule of Reason Standard.--Section 3 of the National Cooperative 
Research Act of 1984 (15 U.S.C. 4302) is amended by adding at the end 
the following: ``For the purpose of determining a properly defined, 
relevant market, the worldwide capacity of suppliers to provide a 
product, process, or service shall be considered.''.
    (e) Technical Amendments.--(1) Section 3 of the National 
Cooperative Research Act of 1984 (15 U.S.C. 4302) is amended by 
striking ``research and development markets'' and inserting in lieu 
thereof ``research, development, or product markets'', and
    (2) Section 6 of the National Cooperative Research Act of 1984 (15 
U.S.C. 4305) is amended--
            (A) in the heading by striking ``Research and 
        Development'', and
            (B) in subsection (a) by inserting ``(or, with respect to a 
        venture involving the production of any product, process, or 
        service, not later than 90 days after the effective date of the 
        Cooperative Productivity and Competitiveness Act of 1991'') 
        after ``Act''.

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