[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 354 Reported in House (RH)]





                                                 Union Calendar No. 212

106th CONGRESS

  1st Session

                               H. R. 354

                      [Report No. 106-349, Part I]

_______________________________________________________________________

                                 A BILL

   To amend title 17, United States Code, to provide protection for 
                  certain collections of information.

_______________________________________________________________________

                            October 8, 1999

The Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 212
106th CONGRESS
  1st Session
                                H. R. 354

                      [Report No. 106-349, Part I]

   To amend title 17, United States Code, to provide protection for 
                  certain collections of information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

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

                           September 30, 1999

 Reported with an amendment and referred to the Committee on Commerce 
 for a period ending not later than October 8, 1999, for consideration 
    of such provisions of the bill and amendment as fall within the 
     jurisdiction of that committee pursuant to clause 1(f), rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 8, 1999

Additional sponsors: Mr. Berman, Mr. Frank of Massachusetts, Mrs. Bono, 
Mr. Goodlatte, Mr. Canady of Florida, Mr. Hall of Ohio, Mr. Shows, Mr. 
   Delahunt, Mr. Wexler, Mrs. Tauscher, Mr. Cannon, Mr. Sununu, Mr. 
Hobson, Mr. Foley, Mr. Vento, Mr. Barrett of Nebraska, Mr. Pastor, Mr. 
  Luther, Mr. Pease, Ms. Pryce of Ohio, Mr. Greenwood, Mr. Coyne, Mr. 
 Bereuter, Mr. Hutchinson, Mr. Shaw, Mr. Royce, Mr. Meeks of New York, 
 Mr. Conyers, Mr. Peterson of Minnesota, Mr. Barrett of Wisconsin, Ms. 
   Jackson-Lee of Texas, Mrs. Myrick, Ms. Granger, Mr. McInnis, Mrs. 
Morella, Mr. Ford, Mr. Portman, Ms. Norton, Mr. Minge, Mr. Sherman, Mr. 
 Hyde, Mr. Regula, Mr. Matsui, Mr. Lantos, Ms. Millender-McDonald, Mr. 
Shays, Mr. Weldon of Pennsylvania, Mr. Schaffer, Mr. Goss, Mr. Hall of 
   Texas, Mr. Petri, Mr. Chabot, Mr. Gary Miller of California, Mr. 
 Bartlett of Maryland, Mr. Rothman, Mr. Moakley, Mr. Salmon, Ms. Lee, 
Mr. George Miller of California, Mr. Filner, Mr. Herger, Mr. Traficant, 
 Mrs. Maloney of New York, Ms. Berkley, Mr. Linder, Mr. Reynolds, Mr. 
Jackson of Illinois, Mr. LaHood, Mr. Bass, Mr. Gallegly, Mr. Sessions, 
Mr. Doolittle, Mr. Maloney of Connecticut, Mr. Tancredo, Mrs. Biggert, 
                        and Mr. Barr of Georgia

                            October 8, 1999

The Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 
                               19, 1999]

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, to provide protection for 
                  certain collections of information.

    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 ``Collections of Information 
Antipiracy Act''.

SEC. 2. COLLECTIONS OF INFORMATION.

    Title 17, United States Code, is amended by adding at the end the 
following new chapter:

                ``CHAPTER 14--COLLECTIONS OF INFORMATION

``Sec.
``1401. Definitions.
``1402. Prohibition.
``1403. Permitted acts.
``1404. Exclusions.
``1405. Relationship to other laws.
``1406. Civil remedies.
``1407. Criminal offenses and penalties.
``1408. Defense to claims.
``1409. Limitations on actions.
``1410. Study and report.
``Sec. 1401. Definitions
    ``As used in this chapter:
            ``(1) Collection of information.--The term `collection of 
        information' means information that has been collected and has 
        been organized for the purpose of bringing discrete items of 
        information together in one place or through one source so that 
        persons may access them. The term does not include an 
        individual work which, taken as a whole, is a work of narrative 
        literary prose, but may include a collection of such works.
            ``(2) Information.--The term `information' means facts, 
        data, works of authorship, or any other intangible material 
        capable of being collected and organized in a systematic way.
            ``(3) Primary market.--The term `primary market' means all 
        markets--
                    ``(A) in which a product or service which 
                incorporates a collection of information is offered; 
                and
                    ``(B) in which a person claiming protection with 
                respect to that collection of information under section 
                1402 derives or reasonably expects to derive revenue, 
                directly or indirectly.
            ``(4) Related market.--The term `related market' means any 
        market--
                    ``(A)(i) in which products or services which 
                incorporate collections of information similar to a 
                product or service offered by a person claiming 
                protection under section 1402 are offered; and
                    ``(ii) in which persons offering such similar 
                products or services derive or reasonably expect to 
                derive revenue, directly or indirectly; or
                    ``(B) any market in which a person claiming 
                protection with respect to a collection of information 
                under section 1402 has taken demonstrable steps to 
                offer in commerce within a short period of time a 
                product or service incorporating that collection of 
                information with the reasonable expectation to derive 
                revenue, directly or indirectly.
            ``(5) Commerce.--The term `commerce' means all commerce 
        which may be lawfully regulated by the Congress.
            ``(6) Maintain.--To `maintain' a collection of information 
        means to update, verify or supplement the information the 
        collection contains.
``Sec. 1402. Prohibition
    ``(a) Making Available or Extracting To Make Available.--Any person 
who makes available to others, or extracts to make available to others, 
all or a substantial part of a collection of information gathered, 
organized, or maintained by another person through the investment of 
substantial monetary or other resources, so as to cause material harm 
to the primary market or a related market of that other person, or a 
successor in interest of that other person, for a product or service 
that incorporates that collection of information and is offered or 
intended to be offered in commerce by that other person, or a successor 
in interest of that person, shall be liable to that person or successor 
in interest for the remedies set forth in section 1406.
    ``(b) Other Acts of Extraction.--Any person who extracts all or a 
substantial part of a collection of information gathered, organized, or 
maintained by another person through the investment of substantial 
monetary or other resources, so as to cause material harm to the 
primary market of that other person, or a successor in interest of that 
other person, for a product or service that incorporates that 
collection of information and is offered or intended to be offered in 
commerce by that other person, or a successor in interest of that 
person, shall be liable to that person or successor in interest for the 
remedies set forth in section 1406.
``Sec. 1403. Permitted acts
    ``(a) Reasonable Uses.--Notwithstanding section 1402, the making 
available or extraction of information for purposes such as 
illustration, explanation, example, comment, criticism, teaching, 
research, or analysis is not a violation of this chapter, if it is 
reasonable under the circumstances. In determining whether such an act 
is reasonable under the circumstances, all of the following factors 
shall be considered:
            ``(1) The extent to which the making available or 
        extraction is commercial or nonprofit.
            ``(2) Whether the amount of information made available or 
        extracted is appropriate and for the purpose.
            ``(3) The good faith of the person making available or 
        extracting the information.
            ``(4) The extent to which and the manner in which the 
        portion made available or extracted is incorporated into an 
        independent work or collection, and the degree of difference 
        between the collection from which the information is made 
        available or extracted and the independent work or collection.
            ``(5) The effect of the making available or extraction on 
        the primary or related market for a protected collection of 
        information.
    ``(b) Certain Nonprofit Educational, Scientific, or Research 
Uses.--Notwithstanding section 1402, no person shall be restricted from 
making available or extracting information for nonprofit educational, 
scientific, or research purposes in a manner that does not materially 
harm the primary market for the product or service referred to in 
section 1402.
    ``(c) Individual Items of Information and Other Insubstantial 
Parts.--Nothing in this chapter shall prevent the making available or 
extraction of an individual item of information, or other insubstantial 
part of a collection of information, in itself. An individual item of 
information, including a work of authorship, shall not itself be 
considered a substantial part of a collection of information under 
section 1402. Nothing in this subsection shall permit the repeated or 
systematic making available or extracting of individual items or 
insubstantial parts of a collection of information so as to circumvent 
the prohibition contained in section 1402.
    ``(d) Gathering or Use of Information Obtained Through Other 
Means.--Nothing in this chapter shall restrict any person from 
independently gathering information or making available information 
obtained by means other than extracting it from a collection of 
information gathered, organized, or maintained by another person 
through the investment of substantial monetary or other resources.
    ``(e) Making Available or Extraction of Information for 
Verification.--Nothing in this chapter shall restrict any person from 
making available or extracting information from a collection of 
information within any entity or organization, for the sole purpose of 
verifying the accuracy of information independently gathered, 
organized, or maintained by that person. Under no circumstances shall 
the information so used be made available to others or extracted from 
the original collection in a manner that harms the primary market or a 
related market for the collection of information from which it is made 
available or extracted.
    ``(f) News Reporting.--Nothing in this chapter shall restrict any 
person from making available or extracting information for the sole 
purpose of news reporting on any subject (including news gathering, 
dissemination, comment, and feature or general interest reporting) 
unless the information so made available or extracted is time sensitive 
and has been gathered by a news reporting entity, and making available 
or extracting the information is part of a consistent pattern engaged 
in for the purpose of direct competition.
    ``(g) Transfer of Copy.--Nothing in this chapter shall restrict the 
owner of a particular lawfully made copy of all or part of a collection 
of information from selling or otherwise disposing of the possession of 
that copy.
    ``(h) Genealogical Information.--
            ``(1) In general.--Notwithstanding section 1402, no person 
        shall be restricted from--
                    ``(A) making available or extracting genealogical 
                information for nonprofit, religious purposes; or
                    ``(B) making available or extracting, for private, 
                noncommercial purposes, genealogical information that 
                has been gathered, organized, or maintained for 
                nonprofit, religious purposes.
            ``(1) Definition.--For purposes of this subsection, 
        `genealogical information' includes, but is not limited to, 
        data indicating the date, time, or place of an individual's 
        birth, christening, marriage, death, or burial, the identity of 
        an individual's parents, spouse, children, or siblings, and 
        other information useful in determining the identity of 
        ancestors.
    ``(i) Investigative, Protective, or Intelligence Activities.--
Nothing in this chapter shall prohibit--
            ``(1) an officer, agent, or employee of the United States, 
        a State, or a political subdivision of a State; or
            ``(2) a person acting under contract with an officer, 
        agent, or employee described in paragraph (1),
from making available or extracting information as part of lawfully 
authorized investigative, protective, or intelligence activities.
``Sec. 1401. Exclusions
    ``(a) Government Collections of Information.--
            ``(1) Exclusion.--Protection under this chapter shall not 
        extend to collections of information gathered, organized, or 
        maintained by or for a government entity, whether Federal, 
        State, or local, including by any employee or agent of such 
        government entity, or any person substantially funded by, 
        exclusively licensed by, or working under contract to such 
        government to achieve a government purpose or fulfill a 
        government obligation as established by law or regulation, if 
        such collections of information are gathered, organized, or 
        maintained within the scope of the employment, agency, license, 
        grant, contract, or funding. Nothing in this subsection shall 
        preclude protection under this chapter for information 
        gathered, organized, or maintained by such a person that is not 
        within the scope of such employment, agency, license, grant, 
        contract, or funding, or by a Federal or State educational 
        institution in the course of engaging in education or 
        scholarship.
            ``(2) Exception.--The exclusion under paragraph (1) does 
        not apply to any information required to be collected and made 
        available--
                    ``(A) under the Securities Exchange Act of 1934 by 
                a national securities exchange, a registered securities 
                association, or a registered securities information 
                processor, subject to section 1405(g) of this title; or
                    ``(B) under the Commodity Exchange Act by a 
                contract market, subject to section 1405(g) of this 
                title.
    ``(b) Computer Programs.--
            ``(1) Protection not extended.--Subject to paragraph (2), 
        protection under this chapter shall not extend to computer 
        programs, including, but not limited to, any computer program 
        used in the manufacture, production, operation, or maintenance 
        of a collection of information, or any element of a computer 
program necessary to its operation.
            ``(2) Incorporated collections of information.--A 
        collection of information that is otherwise subject to 
        protection under this chapter is not disqualified from such 
        protection solely because it is incorporated into a computer 
        program.
    ``(c) Digital Online Communications.--Protection under this chapter 
shall not extend to a product or service incorporating a collection of 
information gathered, organized, or maintained to address, route, 
forward, transmit, or store digital online communications, register 
addresses to be used in digital online communications, or provide or 
receive access to connections for digital online communications.
``Sec. 1405. Relationship to other laws
    ``(a) Other Rights Not Affected.--Subject to subsection (b), 
nothing in this chapter shall affect rights, limitations, or remedies 
concerning copyright, or any other rights or obligations relating to 
information, including laws with respect to patent, trademark, design 
rights, antitrust, trade secrets, privacy, access to public documents, 
and the law of contract.
    ``(b) Preemption of State Law.--On or after the effective date of 
this chapter, all rights that are equivalent to the rights specified in 
section 1402 with respect to the subject matter of this chapter and 
protected by this chapter shall be governed exclusively by Federal law, 
and no person is entitled to any equivalent right in such subject 
matter under the common law or statutes of any State. State laws with 
respect to trademark, design rights, antitrust, trade secrets, privacy, 
access to public documents, and the law of contract shall not be deemed 
to provide equivalent rights for purposes of this subsection.
    ``(c) Relationship to Copyright.--Protection under this chapter is 
independent of, and does not affect or enlarge the scope, duration, 
ownership, or subsistence of, any copyright protection or limitation, 
including, but not limited to, fair use, in any work of authorship that 
is contained in or consists in whole or part of a collection of 
information. This chapter does not provide any greater protection to a 
work of authorship contained in a collection of information, other than 
a work that is itself a collection of information, than is available to 
that work under any other chapter of this title.
    ``(d) Antitrust.--Nothing in this chapter shall limit in any way 
the constraints on the manner in which products and services may be 
provided to the public that are imposed by Federal and State antitrust 
laws, including those regarding single suppliers of products and 
services.
    ``(e) Licensing.--Nothing in this chapter shall restrict the rights 
of parties freely to enter into licenses or any other contracts with 
respect to making available or extracting collections of information.
    ``(f) Communications Act of 1934.--Nothing in this chapter shall 
affect the operation of the provisions of the Communications Act of 
1934 (47 U.S.C. 151 et seq.), or shall restrict any person from making 
available or extracting subscriber list information, as such term is 
defined in section 222(f)(3) of the Communications Act of 1934 (47 
U.S.C. 222(f)(3)).
    ``(g) Securities and Commodities Market Information.--
            ``(1) Authority of sec and cftc.--The Securities and 
        Exchange Commission shall have the authority to modify the 
        application of this chapter as it affects securities issues 
        over which it has jurisdiction, and the Commodity Futures 
        Trading Commission shall have the authority to modify the 
        application of this chapter as it affects commodities issues 
        over which it has jurisdiction.
            ``(2) Federal agencies and acts.--Notwithstanding paragraph 
        (1), nothing in this chapter shall affect--
                    ``(A) the operation of the provisions of the 
                Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 
                or the Commodity Exchange Act (7 U.S.C. 1 et seq.);
                    ``(B) the jurisdiction or authority of the 
                Securities and Exchange Commission or the Commodity 
                Futures Trading Commission; or
                    ``(C) the functions and operations of self-
                regulatory organizations and securities information 
                processors under the provisions of the Securities 
                Exchange Act of 1934 and the rules and regulations 
                thereunder, including making market information 
                available pursuant to the provisions of that Act and 
                the rules and regulations thereunder.
            ``(3) Prohibition.--Notwithstanding any provision of 
        subsection (a), (b), (c), (d), (e), (g), (h), or (i) of section 
        1403, nothing in this chapter shall permit the making 
        available, extraction, resale, or other disposition of real-
        time market information except as the Securities Exchange Act 
        of 1934, the Commodity Exchange Act, and the rules and 
        regulations thereunder may otherwise provide. Nothing in 
        subsection (f) of section 1403 shall be construed to permit any 
        person to make available or extract real-time market 
        information in a manner that constitutes a market substitute 
        for a real-time market information service (including the real-
        time systematic updating of or display of a substantial part of 
        market information) provided on a real-time basis.
            ``(4) Definition.--As used in this subsection, the term 
        `market information' means information relating to quotations 
        and transactions that is collected, processed, distributed, or 
        published pursuant to the provisions of the Securities Exchange 
        Act of 1934 or by a contract market that is designated by the 
        Commodity Futures Trading Commission pursuant to the Commodity 
        Exchange Act and the rules and regulations thereunder.
    ``(h) Protection of Privacy.--Nothing in this chapter shall limit, 
impair, or annul in any manner the protections under Federal or State 
law or regulation relating to the collection or use of personally 
identifying information, including medical information.
``Sec. 1406. Civil remedies
    ``(a) Civil Actions.--Any person who is injured by a violation of 
section 1402 may bring a civil action for such a violation in an 
appropriate United States district court without regard to the amount 
in controversy, except that any action against a State governmental 
entity may be brought in any court that has jurisdiction over claims 
against such entity.
    ``(b) Temporary and Permanent Injunctions.--Any court having 
jurisdiction of a civil action under this section shall have the power 
to grant temporary and permanent injunctions, according to the 
principles of equity and upon such terms as the court may deem 
reasonable, to prevent a violation of section 1402. Any such injunction 
may be served anywhere in the United States on the person enjoined, and 
may be enforced by proceedings in contempt or otherwise by any United 
States district court having jurisdiction over that person.
    ``(c) Impoundment.--At any time while an action under this section 
is pending, the court may order the impounding, on such terms as it 
deems reasonable, of all copies of contents of a collection of 
information made available or extracted in violation of section 1402, 
and of all masters, tapes, disks, diskettes, or other articles by means 
of which such copies may be reproduced. The court may, as part of a 
final judgment or decree finding a violation of section 1402, order the 
remedial modification or destruction of all copies of contents of a 
collection of information made available or extracted in violation of 
section 1402, and of all masters, tapes, disks, diskettes, or other 
articles by means of which such copies may be reproduced.
    ``(d) Monetary Relief.--When a violation of section 1402 has been 
established in any civil action arising under this section, the 
plaintiff shall be entitled to recover the actual damages sustained by 
the plaintiff as a result of the violation and any profits of the 
defendant that are attributable to the violation and are not taken into 
account in computing the actual damages sustained by the plaintiff. The 
court shall assess such profits or damages or cause the same to be 
assessed under its direction. In assessing profits the plaintiff shall 
be required to prove defendant's gross revenue only and the defendant 
shall be required to prove all elements of cost or deduction claims. In 
assessing damages the court may enter judgment, according to the 
circumstances of the case, for any sum above the amount found as actual 
damages, not exceeding three times that amount. The court in its 
discretion may award reasonable costs and attorney's fees to the 
prevailing party and shall award such costs and fees if it determines 
that an action was brought under this chapter in bad faith against a 
nonprofit educational, scientific, or research institution, library, or 
archives, or an employee or agent of such an entity, acting within the 
scope of his or her employment.
    ``(e) Reduction or Remission of Monetary Relief for Nonprofit 
Educational, Scientific, or Research Institutions and Employees 
Thereof.--The court shall reduce or remit entirely monetary relief 
under subsection (d) if any case in which a defendant believed and had 
reasonable grounds for believing that his or her conduct was 
permissible under this chapter, if the defendant was a nonprofit 
educational, scientific, or research institution, library, or archives, 
or an employee or agent of such an institution, library, or archives 
acting within the scope of his or her employment.
    ``(f) Actions Against United States Government.--Subsections (b) 
and (c) shall not apply to any action brought against the United States 
Government.
    ``(g) Relief Against State Entities.--The relief provided under 
this section shall be available against a State governmental entity to 
the extent permitted by applicable law.
    ``(h) Relief Against Internet Service Providers.--(1) The relief 
provided under this section shall not be available against any Internet 
service provider unless such provider violates section 1402 willfully.
    ``(2) For purposes of this subsection, the term `Internet service 
provider' means an entity offering the transmission, routing, or 
providing of connections for digital online communications, between or 
among points specified by a user, of material of the user's choosing, 
without modification to the content of the material as sent or 
received.
``Sec. 1407. Criminal offenses and penalties
    ``(a) Violation.--
            ``(1) In general.--Any person who violates section 1402 
        willfully either--
                    ``(A) for purposes of direct or indirect commercial 
                advantage or financial gain;
                    ``(B) causes loss or damage aggregating $100,000 or 
                more during any 1-year period to the person who 
                gathered, organized, or maintained the information 
                concerned; or
                    ``(C) causes loss or damage aggregating $50,000 or 
                more in any 1-year period to the person who gathered, 
                organized, or maintained the information concerned,
        shall be punished as provided in subsection (b).
            ``(2) Inapplicability.--This section shall not apply to any 
        employee or agent of a nonprofit educational, scientific, or 
        research institution, library, archives, or law enforcement 
        agency, or to any employee or agent of such an institution, 
        library, archives, or agency acting within the scope of his or 
        her employment.
    ``(b) Penalties.--(1) Any person who commits an offense under 
subsection (a)(1)(A) shall be fined not more than $250,000, imprisoned 
not more than 5 years, or both.
    ``(2) Any person who commits a second or subsequent offense under 
subsection (a)(1)(A) shall be fined not more than $500,000, imprisoned 
not more than 10 years, or both.
    ``(3) Any person who commits an offense under subsection (a)(1)(B) 
shall be fined not more than $250,000, imprisoned not more than 3 
years, or both.
    ``(4) Any person who commits a second or subsequent offense under 
subsection (a)(1)(B) shall be fined not more than $500,000, imprisoned 
not more than 6 years, or both.
    ``(5) Any person who commits an offense under subsection (a)(1)(C) 
shall be fined not more than $100,000, imprisoned not more than 1 year, 
or both.
    ``(c) Victim Impact Statement.--(1) During preparation of the 
presentence report pursuant to Rule 32(c) of the Federal Rules of 
Criminal Procedure, victims of the offense shall be permitted to 
submit, and the probation officer shall receive, a victim impact 
statement that identifies the victim of the offense and the extent and 
scope of the injury and loss suffered by the victim, including the 
estimated economic impact of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements shall 
include--
            ``(A) persons who gathered, organized, or maintained the 
        information affected by conduct involved in the offense; and
            ``(B) the legal representatives of such persons.
''Sec. 1408. Defenses to claims
    ``(a) Affirmative Defense When User Cannot Determine When 
Collection First Offered in Commerce.--No monetary relief shall be 
available for a violation of section 1402 if the person who made 
available or extracted all or a substantial part of the collection of 
information that is the source of the violation could not reasonably 
determine whether the date on which the portion of the collection that 
was made available or extracted was first offered in commerce following 
the investment of resources that qualified that portion of the 
collection for protection under this chapter by the person claiming 
protection under this chapter or that person's predecessor in interest 
was a date more than 15 years prior to making available or extracting 
the information.
    ``(b) Notice.--In the case of a collection of information into 
which all or a substantial part of a government collection of 
information is incorporated after the effective date of this chapter, 
no monetary relief shall be available for a violation of section 1402 
unless a statement appeared in connection with the version of the 
collection of information from which the information was made available 
or extracted, in a manner and location so as to give reasonable notice, 
identifying the government collection and the government entity from 
which it was obtained.
    ``(c) Access to Government Information.--
            ``(1) In general.--In the case of a collection of 
        information that incorporates all or a substantial part of a 
        government collection of information, a nonprofit educational, 
        scientific, or research institution, library, or archives, or 
        an employee or agent of such an institution, library, or 
        archives, acting within the scope of his or her employment, 
        shall have a complete defense to an action for a violation of 
        section 1402 for extracting the government information, if all 
        of the following circumstances apply:
                    ``(A) The government information was not publicly 
                available from the government or reasonably available 
                from any other source.
                    ``(B) The information was extracted for the purpose 
                of engaging in nonprofit educational, scientific, or 
                research activities and not for the purpose of offering 
                the information obtained for sale or otherwise in the 
                market.
                    ``(C) Prior to extracting the government 
                information, the person who extracted it--
                            ``(i) made reasonable, good faith efforts 
                        to obtain the information from other sources; 
                        and
                            ``(ii) made a written request to the person 
                        asserting protection under this chapter, which 
                        clearly identified the information to be 
                        extracted and described the reasonable, good 
                        faith efforts made under clause (i).
                    ``(D) The person claiming protection under this 
                chapter did not make the government information 
                available within a reasonable time after receipt of the 
                request, in any form of that person's choosing, 
                including the form in which the government information 
                was first obtained from the government entity or its 
                employee, agent, or exclusive licensee, at the cost of 
                the information's identification, extraction, and 
                delivery.
            ``(2) Applicability.--This subsection applies only to 
        collections of information existing before the effective date 
        of this chapter and only if the person claiming protection 
        under this chapter can reasonably identify and extract the 
        requested information in the form first obtained from the 
        government entity, employee, agent, or exclusive licensee.
``Sec. 1409. Limitations on actions
    ``(a) Criminal Proceedings.--No criminal proceeding shall be 
maintained under this chapter unless it is commenced within three years 
after the cause of action arises.
    ``(b) Civil Actions.--No civil action shall be maintained under 
this chapter unless it is commenced within three years after the case 
of action arises or claim accrues.
    ``(c) Additional Limitation.--No criminal or civil action shall be 
maintained under this chapter for making available or extracting all or 
a substantial part of a collection of information that occurs more than 
15 years after the portion of the collection that is made available or 
extracted was first offered in commerce following the investment of 
resources that qualified that portion of the collection for protection 
under this chapter. In no case shall any protection under this chapter 
resulting from a substantial investment of resources in maintaining a 
preexisting collection prevent any information from being made 
available or extracted from a copy of the preexisting collection after 
the 15 years have expired with respect to the portion of that 
preexisting collection that is so made available or extracted, and no 
liability under this chapter shall thereafter attach to the making 
available or extraction of such information.
    ``(d) Burden of Proof on Plaintiff To Show Portion First Offered in 
Commerce No More Than 15 Years Old.--No action for a violation of 
section 1402 may be maintained unless the person claiming protection 
under this chapter proves that the date on which the portion of the 
collection that was made available or extracted was first offered by 
that person or that person's predecessor in interest in commerce 
following the investment of resources that qualified that portion of 
the collection for protection under this chapter was no more than 15 
years prior to the time when it was made available or extracted by the 
defendant.
``Sec. 1410. Study and report
    ``No later than 3 years after the date of the enactment of this 
chapter, the Register of Copyrights and the Assistant Attorney General, 
Antitrust Division of the Department of Justice, shall conduct a joint 
study and submit a joint report to Congress on whether the defense 
provided for in section 1408(c) should be expended to include 
collections of information that do not incorporate all or a substantial 
part of a government collection of information where the extracted 
information is not publicly available from any other source.''.

SEC. 3. CONFORMING AMENDMENTS.

    (A) Table of Chapters.--The table of chapters for title 17, United 
States Code, is amended by adding at the end the following:

``14. Collections of information............................    1401''.
    (b) District Court Jurisdiction.--(1) Section 1338 of title 28, 
United States Code, is amended--
            (A) in the section heading by striking ``trademarks,'' and 
        inserting ``trademarks, collections of information,'';
            (B) in subsection (a) by striking ``trade-marks'' and 
        inserting ``trademarks'';
            (C) in subsection (b) by striking ``trade-mark'' and 
        inserting ``trademark''; and
            (D) by adding at the end the following:
    ``(d) The district courts shall have original jurisdiction of any 
civil action arising under chapter 14 of title 17, relating to 
collections of information. Such jurisdiction shall be exclusive of the 
courts of the States, except that any action against a State 
governmental entity may be brought in any court that has jurisdiction 
over claims against such entity.''.
    (2) The item relating to section 1338 in the table of sections for 
chapter 85 of title 28, United States Code, is amended by striking 
``trade-marks,'' and inserting ``trademarks, collections of 
information,''.
    (c) Place for Bringing Actions.--(1) Section 1400 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(c) Civil actions arising under chapter 14 of title 17, relating 
to collections of information, may be brought in the district in which 
the defendant or the defendant's agent resides or may be found.''.
    (2) The section heading for section 1400 of title 28, United States 
Code, is amended to read as follows:
``Sec. 1400. Patents and copyrights, mask works, designs, and 
              collections of information''.
    (3) The item relating to section 1400 in the table of sections at 
the beginning of chapter 87 of title 28, United States Code, is amended 
to read as follows:

``1400. Patents and copyrights, mask works, designs, and collections of 
                            information.''.
    (d) Court of Federal Claims Jurisdiction.--Section 1498(e) of title 
28, United States Code, is amended by inserting ``and to protections 
afforded collections of information under chapter 14 of title 17'' 
after ``chapter 9 of title 17''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--This title and the amendments made by this title 
shall take effect on the date of the enactment of this Act, and shall 
apply to acts of extraction and making available of information that 
are committed on or after that date.
    (b) Prior Acts Not Affected.--No person shall be liable under 
chapter 14 of title 17, United States Code, as added by section 2 of 
this Act, for making available information lawfully extracted from a 
collection of information prior to the effective date of this Act, by 
that person or by that person's predecessor in interest.