[Congressional Record Volume 140, Number 107 (Friday, August 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WELLSTONE (for himself and Mr. Simon):
  S. 2365. A bill to provide for a study of the health consequences for 
the spouses and descendants of atomic veterans of the exposure of such 
veterans to ionizing radiation.


                      atomic veterans legislation

 Mr. WELLSTONE. Mr. President, the legislation I am introducing 
today was the subject of a statement I made on the floor of the Senate 
yesterday. It was also the subject of a colloquy yesterday between 
myself and Senator Rockfeller, the distinguished chairman of the 
Veterans' Affairs Committee. I refer my colleagues to yesterday's 
Congressional Record for a full explanation of the background and 
purpose of my introduction of this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2365

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

     SECTION 1. STUDY OF HEALTH CONSEQUENCES FOR FAMILY MEMBERS OF 
                   ATOMIC VETERANS OF EXPOSURE OF ATOMIC VETERANS 
                   TO IONIZING RADIATION.

       (a) Agreement for Study.--The Secretary of Veterans 
     Affairs, in consultation with the Secretary of Defense and 
     the Secretary of Health and Human Services, shall seek to 
     enter into an agreement with the Medical Follow-up Agency of 
     the Institute of Medicine of the National Academy of Sciences 
     under which agreement the agency shall carry out the study 
     described in subsection (c).
       (b) Alternative Organization.--If the Secretary is unable 
     within a reasonable period of time (as determined by the 
     Secretary) to enter into an agreement with the agency 
     referred to in subsection (a) to carry out the study required 
     under that subsection, the Secretary shall seek to enter into 
     an agreement to carry out the study with another appropriate 
     organization or entity that--
       (1) is not part of the Government;
       (2) operates as a not-for-profit entity; and
       (3) has an expertise and objectivity comparable to that of 
     the agency referred to in subsection (a).
       (c) Nature of Study.--The purpose of the study referred to 
     in subsection (a) is to determine the nature and extent, if 
     any, of the relationship between the exposure of veterans 
     described in subsection (d) to ionizing radiation and the 
     following:
       (1) Genetic defects and illnesses in the children and 
     grandchildren of such veterans.
       (2) Untoward pregnancy outcomes experienced by the spouses 
     of such veterans, including stillbirths, miscarriages, and 
     neonatal deaths.
       (d) Covered Veterans.--Subsection (c) applies to--
       (1) any veteran who was exposed (as determined by the 
     Secretary) to ionizing radiation as a result of--
       (A) participation while on active duty in the Armed Forces 
     in an atmospheric nuclear test that included the detonation 
     of a nuclear device;
       (B) service in the Armed Forces with the United States 
     occupation force of Hiroshima or Nagasaki, Japan, before July 
     1, 1946; or
       (C) internment or detention as a prisoner of war of Japan 
     before that date in circumstances providing the opportunity 
     for exposure to ionizing radiation comparable to the exposure 
     of individuals who served with such occupation force before 
     that date; and
       (2) any other veteran that the Secretary designates for 
     coverage under the study.
       (e) Report.--Not later than each of March 1, 1995, October 
     1, 1995, October 1, 1996, and October 1, 1997, the Secretary 
     shall submit to the Committees on Veterans' Affairs of the 
     Senate and the House of Representatives a report on the 
     results of the study carried out under this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the study required under this section.

 Mr. SIMON. Mr. President, I am pleased to join my good friend 
and colleague Senator Wellstone in sponsoring this bill to study the 
family health consequences of radiation exposure among atomic veterans.
  In 1988, I introduced a bill which provides medical benefits to 
atomic veterans for the illnesses that resulted from their unknowing 
exposure to dangerous radiation during World War II and subsequent 
atomic tests. My interest began back in 1981 when I was in the House 
and met with Bob Farmer, an atomic veteran from southern Illinois. 
Besides his own illnesses, all nine of his children suffer from genetic 
defects which may be related to his service exposure. The pain and cost 
of raising children with deformities, tumors, and a variety of 
illnesses have taken a tremendous toll on the Farmer family. Yet there 
is no help for them because the Government does not know for sure if 
there is a link between Mr. Farmer's radiation exposure and his 
family's situation.
  Now that we have moved into the second and third generations of 
atomic veteran's families, it is time to know what the indirect effects 
of our nuclear programs have been. With the public interest generated 
by Energy Secretary O'Leary's courageous opening of past radiation 
experiments, many descendants of atomic veterans are also coming 
forward with their own story of our atomic legacy.
  I am pleased to join in introducing this bill and hope that the 
Senate will act quickly to look into this important matter.
                                 ______

      By Mr. HATCH:
  S. 2366. A bill to amend the Internal Revenue Code of 1986 to extend 
the tax-exempt status of Christa McAuliffe Fellowships; to the 
Committee on Finance.


          THE TAX EXCLUSION FOR CHRISTA MCAULIFfE SCHOLARSHIPS

  Mr. HATCH. Mr. President, I rise today to introduce legislation to 
reinstate the tax-exempt status of the Christa McAuliffe fellowship.
  The Christa McAuliffe fellowship is named after the teacher who gave 
her life in the explosion of the space shuttle Challenger in 1986. The 
fellowship is given to reward excellence in teaching by providing 
financial assistance to outstanding teachers. Only one or two teachers 
are chosen from each State per year. Recipients of the fellowship must 
use the funds in one of the following four ways: sabbaticals, 
consultation with school districts, innovative projects, or model 
teacher programs.
  In the Technical and Miscellaneous Revenue Act of 1988 [TAMRA], 
Congress provided a tax exclusion for McAuliffe awards. The exclusion 
was applied only if the award was spent on a project approved by the 
Secretary of Education, and the money was not spent to directly or 
indirectly benefit the fellow. All award money used to personally 
benefit the fellow was fully taxable.
  Congress, however, allowed this exclusion to expire in July of 1990, 
and now fellows must include the full amount of their award in taxable 
income. Because of this, the great honor of being awarded the Christa 
McAuliffe Fellowship is quickly dissipated by the heavy tax burden it 
creates for its recipients. Let me explain.
  Sheri Lyn Sohm, of Salt Lake City, was the outstanding teacher 
selected to receive the Christa McAuliffe Fellowship in Utah for 1992. 
As the McAuliffe fellow, Sheri instructed teachers across the State in 
the techniques of community problem solving and assisted classes in 
implementing service projects. She used the fellowship money to 
purchase equipment and materials for these projects. Not until the 
money was spent did she learn that McAuliffe Fellowships were to be 
treated as taxable income. She was shocked to discover she owed $8,000 
in taxes--$8,000 she had already spent to help educate American 
children.
  Mr. President, this is not an isolated situation, nor was it caused 
by negligence on Sheri's part. Research shows that the tax information 
provided by the States and given to McAuliffe fellows is often 
inadequate and inconsistent. Many fellows do not learn their grants are 
taxable until the money is spent. The combination of taxing the grant 
and the States not providing reliable information has led to situations 
in which recipients who donate a large portion or their entire grants 
to schools end up paying the taxes out of their own pockets.

  Mr. President, this is unfair. We should not tax these teachers on 
money they spend to help educate American children. Large portions of 
these fellowship awards are spent to buy such things as computers, 
equipment, and materials for service projects.
  Mr. President, I do not believe it was the intent of Congress to 
place this undue tax burden on recipients of the Christa McAuliffe 
Fellowship. The bill I am introducing today will remedy this situation 
by retroactively reinstating the tax exclusion included in TAMRA. Award 
money the teacher spends on a project approved by the Secretary of 
Education would be excluded from taxable income. To prevent abuse, the 
bill also states that any amounts which directly or indirectly benefit 
the recipient are fully taxable.
  This is not an expensive change to make in terms of revenue lost to 
the Treasury. The Joint Committee on Taxation has estimated the lost 
revenue over five years to be only $3 million.
  This tax exclusion is only fair. We should not punish this country's 
most outstanding teachers by requiring them to pay taxes on money they 
spend to benefit our children. Excluding these fellowship awards would 
help teachers, students, and this great Nation meet its educational 
goals.
  I urge each of my colleagues to support this bill.
                                 ______

      By Mr. WOFFORD:
  S. 2367. A bill to amend section 3013 of title 18, United States 
Code, to double the special criminal assessment amounts for the purpose 
of enhancing revenues for the Crime Victims Fund of the Office of 
Victims of Crime; to the Committee on the Judiciary.


             THE CRIME VICTIMS FUND ENHANCEMENT ACT OF 1994

 Mr. WOFFORD. Mr. President, today I introduce the Crime 
Victims Fund Enhancement Act of 1994. My bill will double the special 
criminal assessment amounts paid by convicted Federal defendants for 
the purpose of enhancing revenues for the crime victims fund.
  In the next few days we will begin debate on final passage of the 
crime bill, the most comprehensive anticrime legislation in history. In 
addition to putting 100,000 new cops on the street, providing funding 
for prison construction and prevention programs, the crime bill 
includes several important provisions to assist victims of crime. I 
support those provisions and my legislation will add to that effort by 
further assisting the real casualties of crime, the victims.
  Since its beginning in 1986, the crime victims fund, created by the 
Victims of Crime Act of 1984 [VOCA], have increased from $68 million to 
a high of $221 million in 1992. Grants from the fund support State 
programs that compensate victims and their families for medical and 
other expenses resulting from violent crime and organizations that 
provide direct assistance to crime victims, such as rape crisis 
centers, shelters for battered spouses, and counseling for child sexual 
abuse victims.
  But as crime and its costs have increased over the past 8 years, so 
has the demand for victims compensation and services. This demand has 
unfortunately outdistanced the supply of funding available through the 
crime victims fund.
  By doubling the special criminal assessment my legislation will 
provide up to $10 million to the crime victims fund. Such an increase 
would mean an additional $1 million to Pennsylvania victims assistance 
programs and direct victims compensation.
  While that sum may seem small to some, it can make a significant 
difference to a victims assistance program that is operating on a shoe 
string budget or an individual who might regain a element of 
dignity through the assistance or compensation available through the 
Crime Victims Fund. One such organization is the Daughin County Victim/
Witness Assistance Program in Harrisburg, PA. In her letter of support 
of my legislation, Laurie A. Reiley-Snell, the executive director of 
the organization writes:

       The program I am with is a private, nonprofit agency. 
     Because of the funding situation, especially with VOCA, each 
     year I am tormented with the decision--should we move money 
     around for staff benefits or should we move money to at least 
     maintain the current level of service to victims. It is never 
     an easy decision and up to now we have always chosen the 
     clients. VOCA is a necessity for many of us and the thought 
     of having the funds enhanced is exciting.

  The organizations that benefit from the Crime Victims Fund and who 
will benefit from the enhanced funding provided by my bill serve 
millions of victims of crime nationwide. My legislation has the support 
of the National Organization for Victim Assistance, the National Victim 
Center, as well as many victims organizations across the Commonwealth 
of Pennsylvania.
  Mr. President, day after day, we hear stories of violent crime and 
the lives and security of our citizens taken by such senseless acts. 
While the real loss to victims of crime can never be adequately 
measured, the least we can do, as a society, is provide adequate 
compensation and assistance to those we have failed to protect from 
violence. For the past 8 years the Crime Victims Fund has accomplished 
that. My legislation will enhance this essential effort.
  I ask unanimous consent that the full text of the bill appear in the 
Record. I also ask unanimous consent that the letters of support of my 
legislation appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2367

       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 ``Crime Victims Fund 
     Enhancement Act of 1994''.

     SEC. 2. SPECIAL CRIMINAL ASSESSMENTS.

       Section 3013(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)(A)--
       (A) in clause (i) by striking ``$5'' and inserting ``$10'';
       (B) in clause (ii) by striking ``$10'' and inserting 
     ``$20''; and
       (C) in clause (iii) by striking ``$25'' and inserting 
     ``$50'';
       (2) in paragraph (1)(B)--
       (A) in clause (i) by striking ``$25'' and inserting 
     ``$50'';
       (B) in clause (ii) by striking ``$50'' and inserting 
     ``$100''; and
       (C) in clause (iii) by striking ``$125'' and inserting 
     ``$250''; and
       (3) in paragraph (2)--
       (A) in subparagraph (A) by striking ``$50'' and inserting 
     ``$100''; and
       (B) in subparagraph (B) by striking ``$200'' and inserting 
     ``$400''.
                                  ____



                                       National Victim Center,

                                    Arlington, VA, August 1, 1994.
     Hon. Harris Wofford,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Wofford: On behalf of the Board of Directors 
     and the Staff of the National Victim Center, we would like to 
     offer our full support for the Crime Victims Fund Enhancement 
     Act of 1994.
       The National Victim Center works with more than 8,000 
     victim organizations and criminal justice agencies 
     nationwide, many of which are the direct beneficiaries of the 
     Victims of Crimes Act (VOCA) funds.
       Since its creation in 1984 the VOCA Fund, has provided 
     direct financial assistance to millions of crime victims 
     through state administered compensation programs, and insured 
     essential services to millions more through local victim 
     assistance programs. For these thousands of organizations and 
     agencies whose financial constraints force them to walk a 
     precarious line between red and black ink, VOCA Funds have 
     become their life blood.
       The rising demand for victim assistance and services has 
     mirrored the rise in the nation's crime rate. While demand 
     has always outstripped available resources, in recent years 
     demand has dramatically increased, while resources for 
     victims and victim service organizations have actually 
     declined.
       VOCA fine collections dropped sixty percent from 1992 to 
     1993, from $221 million to $144 million. These reductions in 
     Federal funding, coupled with budget cutbacks at the state 
     and local level and reductions in private contributions, have 
     led to a financial crisis of unparalleled proportions in the 
     Victims' Movement.
       The resulting funding famine becomes painfully evident when 
     viewed on a state by state and case by case basis. Typical is 
     the experience of the Jefferson County Domestic Violence 
     Shelter in Arvada, Colorado. In 1993, alone 524 domestic 
     violence victims, including 222 children, were turned away 
     for lack of space.
       Washington state recently funded a program to provide 
     counseling and assistance to male victims of sexual assault 
     (the preferred target of pedophiles). The program, 
     designed to accommodate 50 victims, was swamped by more 
     than 500 requests in the first three months of operation 
     alone.
       Texas has been forced to de-fund its Court Appointed 
     Special Advocates Program, which provides critical counseling 
     and advocacy to child victims of incest and abuse.
       For organizations and agencies already operating with shoe 
     string budgets, recent reductions in funding have pushed 
     thousands to the brink of bankruptcy and hundreds more beyond 
     the brink.
       Additioal Federal funding has become not only important, 
     but imperative if victims and victim service organizations 
     are to survive financially.
       The introduction of the Crime Victim Fund Enhancement Act 
     of 1994 could not have come at a more opportune time. By 
     doubling the relatively small fines currently assessed to 
     Federal offenders, the Act would raise more than $10 million 
     in additional funding that would, in turn, be available to 
     rescue financially strapped crime victims and victim 
     organizations
       In fact, there is virtually nothing Congress could do that 
     would have a greater positive impact on the Victims' Movement 
     and the lives of the millions of crime victims it serves, 
     than passing legislation which will boost fines earmarked for 
     the Victims of Crime Fund.
       Indeed, the view was empirically confirmed by a poll 
     conducted by the National Victim Center last month. The 
     Center asked victim policy leaders and organizations to rank 
     the relative importance of numerous victim-related issues of 
     national consequence. Increasing VOCA funding ranked first by 
     a considerable margin.
       The proposed measure is supported by the National Victim 
     Center, 8,000 victim organizations and the more than 6 
     million citizens who fall victim to violent crime each year. 
     Moreover, with statistics indicating that five out of six 
     Americans will be victims of violent crime at least once 
     during their life time, virtually all Americans have a stake 
     in the passage of this legislation.
       The Board of Directors and Staff of the National Victim 
     Center wish to applaud Senator Wofford for introducing this 
     vital measure and we strongly urge his colleagues in Congress 
     to lend their full support and endorsement.
           Sincerely,
                                                     David Beatty,
                                       Director of Public Affairs.
                                  ____

                                             National Organization


                                        For Victim Assistance,

                                    Washington, DC, July 28, 1994.
     Hon. Harris Wofford,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Wofford: We understand that you are proposing 
     to double the so-called penalty assessments that help to fund 
     the Crime Victims Fund that was created by Victims of Crime 
     Act (VOCA) of 1984. We warmly applaud your initiative of 
     putting the assessments into a still-affordable range of $10 
     to $400 per offense, the first such increase in many years. A 
     telephone call today from a former victim of violent crime 
     helps to illustrate, with bad news and good, the importance 
     of the additional $10 million that your VOCA amendment would 
     generate.
       As background, the woman had called our national helpline--
     1-800-TRY NOVA--after having seen it as a trailer on one of 
     the many television programs that have recently focused on 
     the crime of domestic violence. She wanted to complain that 
     our number was not cross-referenced as a ``domestic 
     violence'' service in the ``800'' directory assistance files. 
     She urged us to correct that problem with our WATTS carrier.
       The reason the woman had been looking for such a number was 
     not to get help but to offer it. When she then heard that our 
     800 line is funded entirely by private donations, and has no 
     funding whatever for the staff and volunteers who handle the 
     calls 24 hours a day, she said she wanted to help in our 
     fundraising efforts to improve and expand that service.
       That anecdote once again highlights the bad news that we 
     face every day--namely, the huge gap that still exists 
     between the need for victim assistance and its availability. 
     A couple of years ago, the National Crime Survey found that 
     one reporting victim in nine was offered some kind of victim 
     services by the authorities--which meant that, finally, 
     victim services were now registering on the radar screen, but 
     that we still were failing to reach eight out of nine victims 
     known to the justice system. Again, the task ahead of us is 
     enormous.
       But what motivated the caller in the first place to offer 
     her help was the very encouraging news: she has been looking 
     for years to pay back a movement whose help in her bleakest 
     months had saved her life--figuratively and perhaps 
     literally. That life-saver was a talented victim advocate in 
     a rural, VOCA-funded program who helped make sure the justice 
     authorities took seriously the violence the woman's husband 
     had done to her, and who helped the victim find the interior 
     and external resources to see the case through and to 
     reformulate her life.
       The victims' movement survives on the goodwill of those it 
     has helped. Our newest volunteer joins tens of thousands of 
     other survivors of crime who, in gratitude for the help they 
     have received, are offering crisis counseling to sexual 
     assault victims, are helping to provide death notifications 
     in the horrible aftermath of murder, are holding a child's 
     hand in the alienating confines of a courtroom, and are 
     organizing the yard sales that put a few more dollars in the 
     local program's emergency fund.
       But essential to all of these volunteer services are the 
     full-time, paid staff who train and supervise them, who know 
     the local justice officials and the victim rights laws they 
     are supposed to honor, and who provide the workaday services 
     that transform goodwill into concrete deeds--staff members 
     like that VOCA-supported victim advocate whose skilled 
     compassion indirectly led to our today's telephone offer of 
     help.
       The extra good news in this example is that each victim 
     assistance advocate funded by VOCA has a major multiplier 
     effect in the hundreds of victims they help every year and 
     the recruits they enlist to help others. If, as we estimate, 
     200 or 300 additional advocates will be hired if your bill 
     becomes law, the ripple effects will reduce in significant 
     measure the gap between the aspirations and the actualities 
     of our movement.
       Thank you for your initiative; it will have our stringest 
     support.
           Sincerely,
                                    Marlene A. Young, Ph.D., J.D.,
                                               Executive Director.
                                  ____

                                                    Victim/Witness


                                           Assistance Program,

                                   Harrisburg, PA, August 1, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: I write to you on behalf of the 
     individuals who are victimized in Dauphin County, 
     Pennsylvania. I was excited to hear that you are presenting 
     legislation that will enhance the Crime Victims Fund.
       The program that I am with is a private, non-profit agency. 
     The staff consists of six members. Four staff members work 
     with victims who are proceeding through the criminal justice 
     system, one staff member works in the juvenile justice system 
     and my position. We do not have a support staff--each 
     individual is responsible for their own ``paperwork''. Four 
     of the staff work 40 hours/week and the other two staff work 
     37.5 hours/week. The latter two are VOCA funded positions. No 
     one has medical benefits. Because of the funding situation, 
     especially with VOCA, each year I am tormented with the 
     decision--should we move money around staff benefits or 
     should we move money to at least maintain the current level 
     of services to victims. It is never an easy decision and up 
     to now we have always chosen the clients.
       The Dauphin County Victim/Witness Assistance Program 
     provides a variety of services to all different types of 
     victims. The crimes range from harassment to theft to forgery 
     to assault to homicide--and everything in between. Services 
     include: accompaniment to any meeting or proceeding, 
     assistance and follow-up with Crime Victims Compensation and 
     restitution claims, referrals to other agencies, options 
     counseling, crisis intervention, assistance with property 
     return, case status updates, criminal justice system 
     orientation, creditor and employer intercession notification 
     (case outcome, offender release), victim input sentence, plea 
     agreements), assistant with transportation and/or day care, 
     legal options counseling, advocacy and most importantly we 
     provide a caseworker that really does not care about how they 
     are feeling about what happened to them. Each caseworker 
     carries an average caseload of 150-200 clients (or more).
       I am proud to say that we have a special component to our 
     program that not all agencies are able to provide yet and 
     that is the juvenile Justice System Coordinator. Often, the 
     system does not always acknowledge victims of juvenile crime 
     the way victims want to be acknowledged. In addition to all 
     the above mentioned responsibilities of a caseworker, this 
     position also includes; witness management, oversight of the 
     Victim-Offender Mediation Program and the recruitment, 
     training and coordination of the volunteer program that 
     assists with duties mentioned. This position is funded by 
     Drug Control and Systems Improvement funds which are received 
     through the Pennsylvania Commission on Crime and Delinquency.
       If there was an increase in the VOCA funding it may mean 
     that the two VOCA staff members may be able to work the same 
     number of hours per week as the other staff and/or have 
     comparable wages ($8.00/hour is the maximum for current 
     staff--VOCA pays $7.25/hour and $6.85/hour). It may mean five 
     additional hours per week for clients. If the funds were 
     increased significantly it would probably mean more in terms 
     of client needs and/or staff benefits.
       I thank you for the opportunity to bring to your attention 
     one small program in the arena of many programs that are 
     providing services. VOCA is a necessity for many of us and 
     the thought of having the funds enhanced is exciting.
       If there is any information that I can provide in the 
     future, please contact me at the above address or telephone 
     number. Good luck with your proposal. We will anxiously await 
     a response on its progression. Thank you for your time.
           Sincerely yours,
                                            Lauri A. Reiley-Snell,
                                               Executive Director.
                                  ____

                                         Anti-Violence Partnership


                                              of Philadelphia,

                                   Philadelphia, PA July 29, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: I am writing this letter in support 
     of the Crime Victims Fund Enhancement Act of 1994. I have 
     been very dismayed to see that most legislators do not 
     include services to crime victims as they struggle to put 
     together a comprehensive Crime package. Victims services have 
     always been vastly underfunded. In the last decade, as crime 
     and violence in America has risen, funding to victims 
     services has not even increased proportinally--in fact it has 
     been reduced.
       Families of Murder Victims (FMV), a program of the Anti-
     Violence Partnership of Philadelphia (AVP) has received 
     Victims of Crime Act (VOCA) funding since, 1986, the first 
     year of VOCA'S inception. FMV was the first program in the 
     United States created solely for the co-victims of homicide 
     (friends and families of murder victims) to receive VOCA 
     funding.
       FMV, a non-profit victims service agency is located in the 
     Philadelphia District Attorney's Office, and provides a wide 
     array of services to co-victims. These services include 
     accompaniment to court proceedings, assistance with filing 
     for crime victims compensation, crisis counseling, grief and 
     bereavement counselling, support groups, referrals to mental 
     health and legal services, and orientation to the criminal 
     justice system.
       Last year, FMV provided services to more than 1,200 co-
     victims of homicide and assisted families in receiving more 
     than $125,000.00 in reimbursement from the Pennsylvania Crime 
     Victim Compensation Board. And we accomplished this with a 
     budget of only $69,000.00, of which $36,00,000 was from VOCA 
     funds.
       This fiscal year, FMV faces an 8% cut in VOCA funding due 
     to the VOCA funding shortfall. Considering our total budget 
     of $69,000.00, this loss is very difficult to absorb and we 
     are unable to make it up from other sources. This is on top 
     of a total loss of $24,000.00 in revenue over the last two 
     years. Some of this loss is as a result of governmental 
     cutbacks as well as our chronic difficultly in attracting 
     traditional funding. Without VOCA funding over the last eight 
     years, FMV would have had to close down, or at the very 
     least, sharply curtail services.
       We applaud your efforts to try and restore some of your 
     VOCA funding. Funding for crime victim services must be 
     included in the campaign against crime and violence in our 
     country. It is not an issue that deserves to be put on the 
     back burner. There needs to be greater recognition that 
     funding must be directed to assist those who have already 
     been victimized by crime.
       Thank you for recognizing this important issue and 
     directing your energies and resources into The Crime Victims 
     Fund Enhancement Act of 1994. Any additional efforts in this 
     direction will be greatly appreciated by all victim services 
     agencies and the crime victims they serve.
           Sincerely
                                                  Deborah Spungen,
                                               Executive Director.
                                  ____

                                            Pennsylvania Coalition


                                                 Against Rape,

                                    Harrisburg, PA, July 29, 1994.
     Hon. Harris Wofford,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Wofford: On behalf of the Pennsylvania 
     Coalition Against Rape, I am writing in support of the Crime 
     Victims Enhancement Act of 1994. It is our understanding that 
     this bill would substantially increase revenues for the Crime 
     Victims Fund of the Office of Victims of Crime at the Justice 
     Department.
       PCAR represents 51 sexual assault centers in Pennsylvania 
     which provide services to victims in 67 counties. These 
     programs provide free counseling services to victims as well 
     as other direct services; and in addition provide prevention 
     education programs and trainings in their communities.
       Many of the programs have experienced a decrease in the 
     amount of funding received from various sources. This has 
     impacted the centers by limiting the number of counseling 
     hours which can be maintained to serve an ever-increasing 
     number of children and adults requesting services. Many of 
     the centers have had to establish waiting lists for services 
     and reduce the number of professional trainings provided.
       For these reasons, PCAR strongly supports your bill which 
     would double the special criminal assessment amounts. The 
     revenue provided would directly benefit victims of sexual 
     assault as well as victims of other violent crimes. We look 
     forward to hearing from you as to the passage of this 
     important piece of legislation.
           Sincerely,
                                             Brenda Todd Roberson,
                                            Public Policy Analyst.
                                  ____

                                         Coalition of Pennsylvania


                                   Crime Victims Organization,

                                    Harrisburg, PA, July 29, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator: On behalf of the Coalition of Pennsylvania 
     Crime Victims Organization (COPCVO) I would like to express 
     our support for your legislation, The Crime Victims Fund 
     Enhancement Act of 1994. COPCVO is a coalition of over 150 
     victim advocacy programs and individuals in Pennsylvania who 
     work directly with victims and on behalf of victims.
       Since 1984 Victims of Crime Act monies have greatly 
     enhanced services to child abuse, domestic violence, sexual 
     assault and other serious crime victims in Pennsylvania. 
     However, during this same period of time VOCA funding has had 
     several years of decreases. The funding may decrease but the 
     need for services continues to rise.
       Increasing the assessments would, in fact, help to increase 
     and possibly stabilize the fund. By increasing the fund we 
     can continue to attempt to provide services to all those in 
     need in our Commonwealth.
       Please let me know if our coalition can assist you in 
     anyway in future supporting this legislation.
           Sincerely,
                                                    Mary Achilles,
                              Director, Office of Victim Services.
                                          Women's Center & Shelter


                                        of Greater Pittsburgh,

                                    Pittsburgh, PA, July 29, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: I am pleased to write in support of 
     legislation to double the special assessments for enhancing 
     revenues for the Crime Victims Fund of the Office of Victims 
     of Crime at the Justice Department. Women's Center and 
     Shelter of Greater Pittsburgh has provided sanctuary from 
     stress and violence to women and their children for twenty 
     years. As a recipient of Pennsylvania Commission on Crime and 
     Delinquency Victims of Crime Act funding, we are well 
     positioned to understand the urgent need for an increase in 
     this funding.
       As an agency committed to the elimination of domestic 
     violence, the Women's Center and Shelter is in need of 
     increased funding to help more victims of domestic violence. 
     Women's Center and Shelter provides a safe and supportive 
     community to women and their children, educates the public 
     about the needs of women, especially those who are victims of 
     domestic violence. We accompany women through the Criminal 
     Justice System and inform them of the services available. We 
     collaborate in order to utilize our resources effectively. 
     Our focus is on the needs of women in domestic violence 
     situations who come from all ethnic, racial, educational and 
     economic backgrounds.
       Women's Center and Shelter supports your efforts to 
     increase funding for these much needed services. I am 
     confident The Crime Victims Fund Enhancement Act of 1994 will 
     provide increased funding for additional domestic violence 
     services greatly needed in this community.
           Sincerely yours,
                                                 Martha A. Friday,
                                               Executive Director.
                                  ____

                                                   Women Organized


                                                 Against Rape,

                                  Philadelphia, PA, July 29, 1994.
     Hon. Harris Wofford,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Wofford: Women Organized Against Rape supports 
     your legislation to increase funding for the Office of 
     Victims of Crime.
       As a rape crisis center operating in Philadelphia, PA, we 
     see over 6,000 women, children and men each year who are 
     victimized and traumatized by the prevalence of sexual 
     violence. In order to provide the level of services demanded 
     by our county, we need to maintain adequate funding. Such 
     funding received from the Victims of Crime Act (VOCA) has 
     enabled us to extend much needed counseling services in the 
     form of individual, family and support group counseling. At 
     present, approximately one-third of our clients are under the 
     age of eighteen--many of whom grew up in abusive households 
     where sexual abuse occurred on an ongoing basis. These same 
     children come from families where the parent(s) were also 
     victimized by sexual violence and suffered in silence.
       An increase in funding would allow our center to provide 
     more counseling support and decrease the waiting list of 
     families needing our services. More funding would assist us 
     in outreach efforts to women and children that respond to the 
     sexual violence perpetrated in their communities by keeping 
     quiet. Furthermore, a funding increase would enable us to 
     expand our prevention education efforts in the community, 
     addressing the attitudes and behaviors that condone the ever-
     increasing rate of sexual assault.
       We thank you for your awareness of victim support and your 
     development of the legislation to increase this much needed 
     funding.
           Sincerely,
                                               Vanessa G. Jackson,
                                               Executive Director.
                                  ____

                                             Center for Victims of


                                                 Violent Crime

                                    Pittsburgh, PA, July 29, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: This letter is in response to your 
     Crime Victims Fund Enhancement Act of 1994 legislation, which 
     will soon be introduced into the United States Senate. The 
     Center for Victims of Violent Crime (CVVC) is unequivocally 
     aware of the Victims of Crime Act of 1984, which created the 
     Crime Victims Fund to provide federal financial assistance 
     for Victims of Crime. Consequently, the Center has been a 
     recipient of this fund for years.
       According to our facts, the proposed legislation would 
     increase funding for the Office of Victims of Crime, 
     eventually providing greater funding for victim-witness 
     groups in this country. The Center for Victims of Violent 
     Crime is assuredly in support of this legislation and will 
     continue to support your efforts throughout the legislative 
     process.
       CVVC provides assistance to thousands of crime victims, 
     families of victims, and witnesses annually. Victims of Crime 
     Act funding has enabled CVVC to provide victims with a 24-
     hour hotline, crisis intervention, home and hospital visits, 
     court accompaniment, counseling support groups, post-trial 
     advocacy, victim compensation claims assistance, and many 
     other unique services.
       Within the last four years, there has been an immense 
     escalation in crime in Pennsylvania. Doubling the special 
     criminal assessment amounts for the purpose of enhancing 
     revenues for the Crime Victims Fund would be a desirable 
     relief. This additional money would afford victim-witness 
     groups in Pennsylvania the opportunity to enhance and create 
     programs that are presently lacking.
       Again, we are in favor of this bill and will do all in our 
     power to help move it through Congress. If CVVC can provide 
     you with addition information or assistance, please do not 
     hesitate to contact Mary Phan-Gruber or Jeffrey Kerr at (412) 
     392-8582.
           Sincerely,
                                                      Nancy Wells,
                                               Executive Director.
                                           Victim Witness Services


                                               of Erie County,

                                          Erie, PA, July 29, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building, Washington, DC.
       Dear Senator Wofford: Victim Witness Services is a program 
     of the Erie County Rape Crisis Center and receives more than 
     one half of its funding from VOCA. This program was begun in 
     1986 to serve victims of personal injury crimes and family 
     members of homicide victims.
       The program provides individual and group counseling, 
     crisis intervention, and accompaniment to criminal justice 
     proceedings. Nearly one thousand victims and their 
     significant others each year benefit from these and other 
     services.
       Fiscal year 94-95 brought us a decrease in federal funds 
     and forced us to reduce a full time counselor position to 
     twenty-one hours per week.
       The Crime Victims Fund Enhancement Act, if passed, would 
     assist many thousands of victims. Continued and increased 
     financial support to victim assistance programs would enable 
     the programs to continue and increase services to those in 
     need.
       Thank you for your continued work to improve the lot of 
     crime victims.
           Very truly yours,
                                                  Angela Porfilio,
                                                 Program Director.
                                  ____

                                          The Crime Victims Center


                                            of Chester County,

                                 West Chester, PA, August 1, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: I would like to take this opportunity 
     to thank you for introducing The Crime Victims Fund 
     Enhancement Act of 1994. As the Executive Director of The 
     Crime Victims' Center of Chester County, Inc., I see, 
     firsthand, the absolute need for additional financial 
     assistance for victims of crime through both direct victims 
     compensation and victims assistance programs.
       The Crime Victims' Center of Chester County, Inc., is a 
     non-profit, comprehensive victims' center that celebrated its 
     20th anniversary in November of 1993. We serve the County of 
     Chester--762 square miles with a population of 376,396, 13 
     school districts, 5 hospital emergency rooms, 57 police 
     municipalities (including 2 State Police Barracks and the 
     County Detectives), 13 District Justices as well as the 
     Chester County Court of Common Pleas. This agency provided 
     21,656 hours of direct service to 2,594 victims and family 
     members/witnesses during fiscal year 1993-1994.
       The range of services provided include 24 hour crisis 
     response to 2 hotlines--sexual assault and other crimes, 
     accompaniment to emergency rooms, police and court 
     procedures, supportive counseling, both individual and 
     groups, and assistance with Victim Impact Statement 
     Procedures, the Victim Input program with the Pennsylvania 
     Board of Probation and Parole, and Crime Victims' 
     Compensation Forms.
       It takes a variety of people with special skills and caring 
     to provide these services. At a time when requests for 
     services is increasing, the funding to provide these services 
     is not keeping pace. Increased funding is essential, for our 
     center and others like it, to accommodate the variety of 
     victims' needs as they achieve recovery from emotional and 
     physical trauma and to maintain the quality service provision 
     to those who so need it.
       We wholeheartedly support this piece of legislation and 
     would certainly encourage everyone else to do likewise.
       On behalf of the victims and families we serve, we thank 
     you for your efforts.
           Sincerely,
                                                 Margaret D. Gusz,
                                               Executive Director.
                                  ____



                                                         YWCA,

                                    Lancaster, PA, August 1, 1994.
     Hon. Harris Wofford,
     Russels Senate Office Building, Washington, DC.
       Dear Senator Wofford: The Lancaster YWCA is in support of 
     the Crime Victims Fund Enhancement Act of 1994, which 
     provides greater funding for victims across the country.
       The Lancaster YWCA Sexual Assault Prevention and Counseling 
     Center provides direct services to child and adult victims of 
     sexual assault in Lancaster County. We are dedicated to 
     assisting survivors and their families through the entire 
     healing process. All of our client services are free and 
     confidential. Staff and trained volunteers are available 24 
     hours a day and 365 days a year.
       The Lancaster YWCA Sexual Assault Prevention and Counseling 
     Center provides a 24 hour hotline, short and long term 
     counseling to victims and their families, accompaniment 
     services to hospitals, police, and through court proceedings 
     as necessary, information and referral services, Crime 
     Victims Compensation information, referrals for children's 
     medical exams, and prevention/education programs.
       If the additional funds provided for in your proposal would 
     become available, they would certainly make a difference for 
     victims of sexual assault by providing victims with 
     assistance for medical and other expenses. These funds are 
     needed to help victims through the entire healing and 
     recovery process.
       Best Wishes for the passage of the bill!
           Sincerely,
                                                      Heidi Weber,
                                     Associate Executive Director.
                                  ____

                                            Pennsylvania Coalition


                                    Against Domestic Violence,

                                   Harrisburg, PA, August 1, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building, Washington, DC.
       Dear Senator Wofford: I am pleased to write in support of 
     the Crime Victims Fund Enhancement Act of 1994, which will 
     provide additional revenue for the Crime Victims Fund 
     administered by the Justice Department's Office of Victims of 
     Crime.
       Providers of domestic violence services in Pennsylvania 
     have long struggled to meet the needs of battered women and 
     their dependent children within the context of sharply 
     limited resources. Passage of the legislation you have 
     proposed will result in the availability of additional 
     financial assistance to victims of domestic violence--in some 
     instances through compensation for medical and other expenses 
     resulting from the violent crimes which are committed against 
     them, in other situations through increased funding for 
     shelter programs and legal advocacy projects.
       Many thanks for your efforts to provide the additional 
     resources which can so positively affect the lives of women 
     and children who are victims of domestic violence.
           Sincerely,
                                               Susan Kelly-Dreiss,
                                               Executive Director.
                                  ____



                                      Victims Resource Center,

                                 Wilkes-Barre, PA, August 1, 1994.
     Hon. Harris Wofford,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Wofford: On behalf of Victims Resource Center, 
     I am writing to express our whole-hearted support of the 
     Crime Victims Fund Enhancement Act of 1994. We, like the 
     majority of crime victim service centers across the state of 
     Pennsylvania, are in desperate need of additional funding to 
     serve the ever increasing number of persons seeking aide at 
     our center.
       The services which we have developed in response to victim 
     needs include crisis intervention; counseling; court 
     orientation; personal advocacy; accompaniment services to 
     hospitals, police interviews, and all court related 
     proceedings; assistance in filing Crime Victims Compensation 
     claims; and transportation. We provide these services to over 
     900 adult victims and 300 child victims each year, as well as 
     to their family members. This is a 48% increase over the 
     numbers of persons seeking services only three years before, 
     and a 165% increase over five years ago.
       Our resources to provide these services are extremely 
     limited, and growing at a rate disproportionate to service 
     demands. While these service demands have increased by 48% 
     within the last three years, our operating income has grown 
     only by 23%. Our VOCA funds, of which we will receive 
     $47,657.00 this year, comprising 9% of our income, have in 
     fact been reduced from the previous year by five percent.
       Everyone knows that crime is escalating. This is true in 
     suburban and rural America such as in Wilkes-Barre or 
     Tunkhannock, Pennsylvania, just as it is true in urban 
     centers. Increasing crime creates larger numbers of victims, 
     each in need of information and support, and often crisis 
     counseling and other services only available from victim 
     service programs such as VRC. This escalating crime has 
     created a demand well beyond our limited resources. As a 
     result, it is difficult, but unfortunately necessary, for a 
     victim of rape to hear that her counseling sessions must 
     stop, because too many others are waiting for their first 
     appointment. It is difficult, but necessary, for a child 
     victim to hear that her or his counselor cannot attend their 
     trial, because another child victim is testifying at the same 
     time and also needs the counselor. These are difficulties 
     that can only be solved with increasing funding of victim 
     programs through an increasing commitment to crime victims.
       We are therefore pleased to see the new legislation which 
     would increase the funds available to centers such as ours, 
     enabling us to restore higher levels of service to all 
     victims seeking our aide. As I stated, our need is desperate.
           Sincerely,
                                                  Carol L. Lavery,
                                               Executive Director.
                                 ______

      By Mr. DeCONCINI:
  S. 2368. A bill to implement the intellectual property right 
provisions of the Uruguay round of the General Agreement on Tariffs and 
Trade, and for other purposes; to the Committee on the Judiciary.


       the trade-related aspects of intellectual property rights 
                       implementation act of 1994

 Mr. DeCONCINI. Mr. President, today I would like to submit the 
administration's draft legislation to implement the intellectual 
property provisions of the Uruguay round of the General Agreement on 
Tariffs and Trade [GATT]. I believe it is important for the public to 
have the opportunity to review the changes that are being proposed to 
domestic law prior to the formal submission of the implementing 
legislation by the administration. For this reason, I am introducing 
this bill today.
  The agreement on trade-related aspects of intellectual property 
rights [TRIP's] makes some positive improvements in the protection of 
intellectual property worldwide. It establishes comprehensive standards 
for the protection of intellectual property rights in countries which 
join the World Trade Organization [WTO]. Each member country is 
required to implement standards that supplement several existing 
intellectual property conventions and to ensure that critical 
enforcement procedures will be available to safeguard intellectual 
property rights.
  Certain changes to United States law are necessary under the proposed 
Uruguay round. In the patent area, the agreement requires changing the 
term of patent protection. The agreement also provides that patents 
rights must include the exclusive right to offer for sale and to import 
patented goods. In addition, patent inventive activity in member 
countries will be treated the same as inventive activity in the United 
States allowing proof of a date of invention in any WTO country in 
order to establish priority of invention.
  In the trademark area, the agreement requires that U.S. law prohibit 
the registration of trademarks for wines and spirits that contain 
misleading geographical indications. In addition, the definition of 
abandonment must be changed to require 3 consecutive years of non-use 
of a mark to cancel a registration rather than 2 years as currently 
required.
  In the copyright area, the agreement requires member countries to 
provide rental rights in computer programs. Therefore, the draft 
implementing legislation would strike the sunset provision that exists 
in U.S. law on rental rights.
  In addition, the draft implementing legislation proposes two 
additional changes to U.S. copyright law. First, it provides 
retroactive copyright protection to foreign works that fell into the 
public domain in the United States because of the failure to comply 
with copyright formalities prior to U.S. accession to the Berne 
Convention. The draft legislation also provides for both civil and 
criminal protection against the unauthorized creation and trafficking 
in bootleg copies of sound recordings of a live performances.
  The purpose of introducing this bill is to provide the public with an 
opportunity to comment on the proposed changes. The procedure under 
which the GATT agreement and other fast-track trade agreements are 
considered in Congress significantly limits the ability of Congress and 
its committees to amend the legislation. Therefore, all concerns need 
to be resolved prior to the submission by the administration of their 
final bill. Strong U.S. intellectual property laws are critical to 
keeping this Nation the leader in technology and innovation. Only 
through careful consideration can we ensure that the proposed changes 
will responsibly improve intellectual property protection.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being on objection the bill was ordered to be printed in the 
Record, as follows:

                                S. 2368

       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 ``Intellectual Property 
     Rights, Trade-Related Aspects of Implementation Act of 
     1994''.

     SEC. 2. RENTAL RIGHTS IN COMPUTER PROGRAMS.

       Section 804(c) of the Computer Software Rental Amendments 
     Act of 1990 (Public Law 101-650; 104 Stat. 5089, 5136) is 
     amended by striking out the first sentence.

     SEC. 3. CREATION AND TRAFFICKING IN BOOTLEG SOUND RECORDINGS 
                   PROHIBITED.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by inserting after section 2319 the 
     following new section:

     ``Sec. 2319a. Creation of and traffic in bootleg sound 
       recordings prohibited

       ``(a) Whoever, willfully and for purposes of commercial 
     advantage or private financial gain, without the consent of a 
     performer or a performer's agent--
       ``(1) fixes or causes to be fixed in a sound recording;
       ``(2) broadcasts, transmits, or otherwise communicates to 
     the public or causes to be so broadcast, transmitted, or 
     otherwise communicated, the sounds of a live performance; or
       ``(3) reproduces, distributes, sells, rents, offers for 
     sale or rent, transports, broadcasts, transmits, or otherwise 
     communicates to the public or possesses, for the purpose of--
       ``(A) creating any article in violation of paragraph (1); 
     or

       ``(B) fixing the sounds therein,
     shall, upon judgment of conviction, be fined not more than 
     $250,000 or imprisoned for not more than 5 years, or both.
       ``(b) When any person is convicted of any violation of 
     subsection (a), the court in its judgment of conviction 
     shall, in addition to the penalty therein prescribed, order 
     the forfeiture, destruction, or other disposition of the 
     applicable articles, implements, devices, and equipment as 
     required under section 4 (b) and (d) of the Intellectual 
     Property Rights General Agreement on Tariffs and Trade 
     Implementation Act of 1994.
       ``(c) The provisions of this section do not preempt any 
     State statute or civil or criminal cause of action arising 
     under a State's common law.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 113 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2319 
     the following:

``2319a. Creation of and traffic in bootleg sound recordings 
              prohibited.''.

       (c) Effective Date.--This section shall take effect 1 year 
     after the date of entry into force of the World Trade 
     Organization Agreement as referred to under the Uruguay Round 
     Implementation Act and shall apply to--
       (1) all performances fixed on and after that date; and
       (2)(A) all traffic in articles containing sounds fixed 
     without their performer's authorization; and
       (B) all broadcasts, transmissions or other disseminations 
     of sounds fixed without their performer's authorization on 
     and after that date without regard to the date upon which the 
     article containing such sounds was fixed.

     SEC. 4. PROHIBITION OF CREATION AND TRAFFICKING IN BOOTLEG 
                   SOUND RECORDINGS.

       (a) In General.--Whoever, without the consent of a 
     performer or a performer's agent--
       (1) fixes or causes to be fixed in a sound recording;
       (2) broadcasts, transmits, or otherwise communicates to the 
     public or causes to be so broadcast, transmitted, or 
     otherwise communicated the sounds of a live performance; or
       (3) reproduces, distributes, sells, rents, offers for sale 
     or rent, transports, broadcasts, transmits, or otherwise 
     communicates to the public or possesses, for the purpose of--
       (A) creating any article in violation of paragraph (1); or
       (B) fixing the sounds therein,

     shall, upon judgment of liability in a civil proceeding, be 
     subject to the sanctions under sections 502 through 505 of 
     title 17, United States Code, as if he were an infringer of 
     copyright under section 501 of such title.
       (b) Disposition of Articles Containing Unauthorized 
     Fixations.--When any person is held liable for a violation of 
     subsection (a), the court in its judgment shall, in addition 
     to the other relief therein granted, order the forfeiture and 
     destruction or other disposition of all articles created in 
     violation thereof and all implements, devices, or equipment 
     used in the manufacture of such articles.
       (c) No Preemption.--The provisions of this section do not 
     preempt any State statute or civil or criminal cause of 
     action arising under a State's common law.
       (d) Foreign-Manufactured Articles.--(1) In a case where the 
     fixing of sounds in articles outside the United States would 
     have been a violation of subsection (a) if said fixation had 
     taken place within the United States, the importation, sale, 
     rental, or other distribution of such articles is prohibited. 
     Persons committing these acts shall be subject to the 
     sanctions set out in subsection (a) to the same extent as if 
     that subsection had been violated.
       (2)(A) The Secretary of the Treasury and the United States 
     Postal Service shall separately or jointly prescribe 
     regulations for the enforcement of the provisions of this 
     section prohibiting importation.
       (B) The Secretary of the Treasury shall prescribe, by 
     regulation, a procedure under which any performer or 
     representative thereof may, upon payment of a specified fee, 
     be entitled to notification by the United States Customs 
     Service of the importation of articles that appear to consist 
     of fixations of a particular performance.
       (C) Articles imported in violation of the importation 
     prohibitions of this section are subject to seizure and 
     forfeiture in the same manner as property imported in 
     violation of the customs revenue laws. Forfeited articles 
     shall be destroyed as directed by the Secretary of the 
     Treasury or the court, as the case may be, except that the 
     articles may be returned to the country of export whenever it 
     is shown to the satisfaction of the Secretary of the Treasury 
     that the importer had no reasonable grounds for believing 
     that his or her acts constituted a violation of law.
       (e) Effective Date.--This section shall take effect 1 year 
     after the date of entry into force of the World Trade 
     Organization Agreement as referred to under the Uruguay Round 
     Implementation Act and shall apply to--
       (1) all performances fixed on and after that date; and
       (2)(A) all traffic in articles containing sounds fixed 
     without their performer's authorization; and
       (B) all broadcasts, transmissions or other disseminations 
     of sounds fixed without their performer's authorization on 
     and after that date without regard to the date upon which the 
     article containing such sounds was fixed.

     SEC. 5. RESTORATION OF COPYRIGHT.

       (a) In General.--Section 104A of title 17, United States 
     Code, is amended to read as follows:

     ``Sec. 104A. Copyright in certain works

       ``(a) Restoration of Copyright; Term of Restored 
     Copyright.--(1) Copyright in a restorable work shall vest 
     automatically on the date of restoration.
       ``(2) Subject to the provisions of subsections (b) through 
     (j), any restorable work shall have copyright protection 
     under this title for the remainder of the term of copyright 
     protection that it would have otherwise enjoyed in the United 
     States.
       ``(3) Copyrights in certain motion pictures and works 
     included therein as to which restoration was properly sought 
     under section 104A of this title as it was in force on the 
     day prior to the effective date of this section shall be 
     deemed to have been restored thereunder, but shall otherwise 
     be subject to all of the provisions of this section.
       ``(b) Ownership of Restored Copyright.--A restored 
     copyright shall vest initially in the author of a restorable 
     work as determined under the law of its source country.
       ``(c) Eligibility To File Notice of Intent To Enforce a 
     Restored Copyright Against Reliance Parties.--(1) Any person 
     who owns a restored copyright, or any exclusive right 
     therein, may file or serve a notice of intent to enforce that 
     copyright against reliance parties under the provisions of 
     subsections (d) and (e) of this section.
       ``(2) The filing or service of such a notice shall create 
     no presumption as to the truth of any statement set out in 
     such notice.
       ``(d) Remedies and Limitations Thereon.--(1) Subject to 
     paragraphs (2) through (4) of this subsection, the remedies 
     set out in chapter 5 of this title shall be available, in 
     respect of a restored copyright, immediately upon 
     restoration, with respect to any act committed on or after 
     the date of restoration.
       ``(2) The remedies for infringement set out in chapter 5 of 
     this title shall be available against reliance parties only 
     upon satisfaction of at least one of the following 
     conditions:
       ``(A) The owner of the restored copyright files, between 
     the date of restoration and 24 months thereafter, a notice of 
     intent to enforce a restored copyright that complies with 
     regulations of the Copyright Office that shall be published 
     in the Federal Register no later than 60 days prior to the 
     TRIPs effective date.
       ``(B) As against a particular reliance party, the owner 
     serves upon that reliance party a proper notice of intent to 
     enforce a restored copyright.
       ``(3) Notwithstanding the provisions of paragraph (2), no 
     reliance party shall be subject to liability under this 
     title, for any act other than reproduction of the work in 
     which a restored copyright subsists, if such act is performed 
     prior to the completion of 12 months after the earlier of 
     publication of the title of the restored work in the Federal 
     Register or receipt of notice in compliance with paragraph 
     (2)(B).
       ``(4) Notwithstanding any other provision of law, a 
     reliance party shall be subject to statutory damages or 
     attorney's fees only with respect to any act of infringement 
     committed after both--
       ``(A) January 1, 2000; and
       ``(B) receipt of notice that complies with subsection (e) 
     (1), (2), and (4).
       ``(e) Notices of Intent To Enforce a Restored Copyright.--
     (1) Any notice of intent shall clearly identify--
       ``(A) the person who owns the restored copyright; and
       ``(B) the title of the restorable work, including--
       ``(i) an English translation of a foreign language title; 
     and
       ``(ii) alternative titles by which the work, or a 
     derivative work based thereon, may reasonably be expected to 
     have been known in the United States, and any other 
     information specified by regulation.
       ``(2) If a work has no formal title, it shall be described 
     in sufficient detail so as to maximize the probability of its 
     identification. Such notice shall be signed by the owner of 
     the restored copyright or his agent. If such notice is signed 
     by an agent, the agency shall have been constituted in a 
     writing signed by the owner prior to execution of notice by 
     the agent.
       ``(3) For a notice filed with the Copyright Office--
       ``(A) a reasonable fee may be imposed to cover its receipt, 
     processing, recordation, or publication of the information 
     set out in such notice of intent; and
       ``(B) minor errors and omissions may be corrected after the 
     period established in subsection (d)(2)(A), and such 
     corrections shall be published in the Federal Register.
       ``(4) For a notice served upon a reliance party, the notice 
     shall identify with substantial precision the use to which 
     the owner of the restored copyright objects.
       ``(5) Any material false statement or claim knowingly made 
     in any notice of intent shall make void all claims and 
     assertions set out therein, with respect to all titles set 
     out therein.
       ``(6) The Copyright Office shall publish in the Federal 
     Register, on a quarterly basis, beginning no later than 4 
     months after the TRIPs effective date, a list containing at 
     least the information required under paragraph (1) with 
     respect to restored copyrights as to which a notice of intent 
     has been filed. With respect to works whose copyrights are 
     restored after the TRIPs effective date, the Copyright Office 
     shall publish a list containing at least the information 
     required under paragraph (1) with respect to restored 
     copyrights as to which a notice of intent has been filed, on 
     a quarterly basis as established by regulation.
       ``(7) Such lists shall be cumulative on an annual basis. In 
     order to facilitate the public identification of restored 
     copyrights as to which enforcement is intended, at least one 
     complete list shall be maintained in one or more files 
     distinct from other Copyright Office records.
       ``(f) Effect of Restoration of Copyright in Derivative 
     Works, Collective Works, and Compilations.--A copyright 
     restored under this section shall protect only the 
     copyrightable authorship contributed to the work whose title 
     is set out in the notice of intent. Neither a restored 
     copyright in a work upon which a derivative work is based nor 
     a restored copyright in a separately copyrightable work 
     contained in a collective work or compilation shall be 
     enforceable against a reliance party unless a notice of 
     intent has been filed in the Copyright Office or served on 
     the reliance party.
       ``(g) Immunity From Warranty and Related Liability.--(1) No 
     person who warranted, promised or otherwise undertook to 
     guarantee that a work created by such person infringes no 
     rights of another, and which warranty, promise, or guarantee 
     is breached by virtue of the restoration of copyright under 
     this section, shall be liable to any claimant seeking legal, 
     equitable, arbitral, or administrative relief of any type 
     whatsoever therefore.
       ``(2) No person shall be compelled to perform, or held 
     liable for failure to perform, any act the performance of 
     which is made infringing under the provisions of this 
     section.
       ``(h) No Estoppel.--The act of filing any notice described 
     in subsection (e) shall not prejudice the ability of a person 
     to seek at any time a judicial determination that a 
     particular work was never in the public domain in the United 
     States.
       ``(i) Proclamation of Copyright Restoration.--Whenever the 
     President finds that a particular foreign nation extends, to 
     works by authors who are nationals or domiciliaries of the 
     United States or to works that are first published in the 
     United States, restored copyright protection to a similar 
     extent as that provided to restorable works under this 
     section, the President may by proclamation extend protection 
     under this section to works of which one or more of the 
     authors is, on the date of first publication, a national, 
     domiciliary, or sovereign authority of that nation, or which 
     was first published in that nation. The President may revise, 
     suspend, or revoke any such proclamation or impose any 
     conditions or limitations on protection under a proclamation.
       ``(j) Definitions.--For the purposes of this section and 
     section 109(a):
       ``(1) The term `date of adherence or proclamation' means 
     the earlier of the dates upon which a foreign country that, 
     as of the TRIPs effective date, is neither a member of the 
     Berne Union or World Trade Organization, nor the subject of a 
     proclamation under section 104A(i)--
       ``(A) becomes a member of either the Berne Union or World 
     Trade Organization; or
       ``(B) is effectively proclaimed under section 104A(i).
       ``(2) The term `date of restoration' of a restored 
     copyright means--
       ``(A) the TRIPs effective date, if the work is restorable 
     work on that date; or
       ``(B) the date of adherence or proclamation.
       ``(3) The term `eligible country' means a country, not the 
     United States, that on the date copyright is restored under 
     the provisions of this section has either--
       ``(A) joined the World Trade Organization or adhered to the 
     Berne Convention for the Protection of Literary and Artistic 
     Works; or
       ``(B) been the subject of a proclamation under subsection 
     (i).
       ``(4) The term `reliance party' means a person who, prior 
     to the date of enactment of the Intellectual Property Rights 
     General Agreement on Tariffs and Trade Implementation Act of 
     1994, or with respect to a restorable work having a source 
     country that was not an eligible country until after the 
     TRIPs effective date, prior to the date of adherence or 
     proclamation--
       ``(A) was engaged to a significant extent in, and, as of 
     the relevant date, was continuing to do or authorize any of 
     the acts set out in section 106 with respect to a restorable 
     work; or
       ``(B) had, in preparing to do such acts, either--
       ``(i) acquired a substantial number of copies or 
     phonorecords of a restorable work; or
       ``(ii) made substantial monetary investments in respect of 
     such work.
       ``(5)(A) The term `restorable work' means an original work 
     of authorship that is not protected under this title by 
     virtue of--
       ``(i) noncompliance with formalities imposed at any time by 
     United States copyright law, including failure of renewal, 
     lack of proper notice, or failure to comply with the 
     manufacturing requirement;
       ``(ii) the absence of copyright relations between the 
     United States and the source country; or
       ``(iii) by reason of section 301(c); but not in the public 
     domain in its source country that--
       ``(I) has at least one author or, if the work is a sound 
     recording a producer, who was, at the time the work was 
     created, a national or domiciliary of an eligible country; 
     and
       ``(II) if published, was published initially in an eligible 
     country and not published within 30 days thereafter in the 
     United States.
       ``(B) No work in which the copyright was ever owned or 
     administered by the Alien Property Custodian which could if 
     restored, be owned by a government or instrumentality 
     thereof, shall be a restorable work.
       ``(6) The term `restored copyright' means a copyright that 
     becomes effective under the provisions of this section, 
     without regard to whether such copyright was ever previously 
     in effect in the United States.
       ``(7)(A) The term `source country' of a restorable work 
     means--
       ``(i) not the United States; and
       ``(ii)(I) in the case of an unpublished work, the eligible 
     country in which--
       ``(aa) the author is a national or domiciliary; or
       ``(bb) if a restorable work has more than one author, the 
     majority of foreign authors are nationals or domiciliaries; 
     or
       ``(II) in the case of a published work, the eligible 
     country in which the work is initially published.
       ``(B) If under subparagraph (A)(ii)(I) of this definition, 
     no majority exists, or under subparagraph (A)(ii)(II) of this 
     definition, a restorable work was published on the same day 
     in two or more eligible countries, then the source country 
     shall be the country other than the United States having the 
     most significant contacts with the work.
       ``(8) The term `TRIPs effective date' is the date upon 
     which the obligations under the Agreement on Trade-Related 
     Aspects of Intellectual Property become effective with 
     respect to the United States.''.
       (b) Limitation on Exclusive Rights.--Section 109(a) of 
     title 17, United States Code, is amended by striking out 
     ``copy or phonorecord.'' and inserting ``copy or phonorecord; 
     except that the sale or other disposition, without the 
     authorization of the owner of a restored copyright, of copies 
     or phonorecords manufactured before the date of restoration 
     of works in which copyright has been restored under the 
     provisions of section 104A of this title shall be authorized 
     under this section--
       ``(1) only during the post-restoration grace period 
     afforded to reliance parties established by section 
     104A(d)(3); and
       ``(2) thereafter, only as part of a sale or disposition of 
     no more than one copy or phonorecord at a time.''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 17, United States Code, is 
     amended by amending the item relating to section 104A to 
     read:

``104A. Copyright in certain works.''.

     SEC. 6. DEFINITION OF ``ABANDONMENT''.

       Section 45 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, 
     commonly referred to as the Trademark Act of 1946 (15 U.S.C. 
     1127) is amended by amending the paragraph defining 
     ``abandonment'' to read as follows:
       ``A mark shall be deemed to be `abandoned' when either of 
     the following occurs:
       ``(1) When its use has been discontinued with intent not to 
     resume such use. Intent not to resume may be inferred from 
     circumstances. Nonuse for three consecutive years shall be 
     prima facie evidence of abandonment. `Use' of a mark means 
     the bona fide use of that mark made in the ordinary course of 
     trade, and not made merely to reserve a right in a mark.
       ``(2) When any course of conduct of the owner, including 
     acts of omission as well as commission, causes the mark to 
     become the generic name for the goods or services on or in 
     connection with which it is used or otherwise to lose its 
     significance as a mark. Purchaser motivation shall not be a 
     test for determining abandonment under this paragraph.''.

     SEC. 7. NONREGISTRABILITY OF MISLEADING GEOGRAPHIC 
                   INDICATIONS FOR WINES AND SPIRITS.

       Section 2 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, 
     commonly referred to as the Trademark Act of 1946 (15 U.S.C. 
     1052(a)) is amended by amending subsection (a) to read as 
     follows:
       ``(a) Consists of or comprises immoral, deceptive, or 
     scandalous matter; or matter which may disparage or falsely 
     suggest a connection with persons, living or dead, 
     institutions, beliefs, or national symbols, or bring them 
     into contempt, or disrepute; or a geographical indication 
     which, when used on or in connection with wines or spirits, 
     identifies a place other than the origin of the goods and is 
     first used on or in connection with wines or spirits by the 
     applicant on or after the date of entry into force of the 
     World Trade Organization Agreement as referred to under the 
     Uruguay Round Implementation Act.''.

     SEC. 8. TREATMENT OF INVENTIVE ACTIVITY.

       (a) In General.--Section 104 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 104. Invention made abroad

       ``(a) In General.--In proceedings in the Patent and 
     Trademark Office, in the courts, and before any other 
     competent authority, an applicant for a patent, or a patentee 
     may not establish a date of invention by reference to 
     knowledge or use thereof, or other activity with respect 
     thereto, in a foreign country other than a NAFTA country or a 
     WTO Member country, except as provided in sections 119 and 
     365 of this title. Where an invention was made by a person, 
     civil or military, while domiciled in the United States or a 
     NAFTA country or a WTO Member country serving in any other 
     country in connection with operations by or on behalf of the 
     United States or a NAFTA country or a WTO Member country, 
     respectively, the person shall be entitled to the same rights 
     of priority in the United States with respect to such 
     invention as if such invention had been made in the United 
     States or a NAFTA country or a WTO Member country, 
     respectively. To the extent that any information in a NAFTA 
     country or a WTO Member country concerning knowledge, use, or 
     other activity relevant to proving or disproving a date of 
     invention has not been made available for use in a proceeding 
     in the Office, a court, or any other competent authority to 
     the same extent as such information could be made available 
     in the United States, the Commissioner, court, or such other 
     authority shall draw appropriate inferences, or take other 
     action permitted by statute, rule, or regulation, in favor of 
     the party that requested the information in the proceeding.
       ``(b) Definitions.--For purposes of this section:
       ``(1) The term `NAFTA country' has the meaning given that 
     term in section 2(4) of the North American Free Trade 
     Agreement Implementation Act.
       ``(2) The term `WTO Member country' has the meaning given 
     that term under the Uruguay Round Implementation Act.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to all patent applications that are filed on or 
     after the date that is 1 year after the date of entry into 
     force of the WTO Agreement, as referred to in the Uruguay 
     Round Implementation Act, except that an applicant for a 
     patent, or a patentee, may not establish a date of invention 
     that is earlier than the effective date of this amendment by 
     reference to knowledge or use thereof, or other activity with 
     respect thereto, in a World Trade Organization country, 
     except as provided in sections 119 and 365 of title 35, 
     United States Code.

     SEC. 9. PATENT RIGHTS CONFERRED.

       (a) Contents of a Patent.--Section 154 of title 35, United 
     States Code, is amended to read as follows:

     ``Sec. 154. Contents and term of patent

       ``(a) In General.--Every patent shall contain a short title 
     of the invention and a grant to the patentee, his heirs or 
     assigns, of the right to exclude others from making, using, 
     offering for sale, or selling the invention throughout the 
     United States and, if the invention is a process, of the 
     right to exclude others from using, offering for sale, or 
     selling throughout the United States, or importing into the 
     United States, products made by that process, referring to 
     the specification for the particulars thereof. Subject to the 
     payment of fees as provided for in this title, such grant 
     shall be for a term beginning on the date on which the patent 
     issues and ending 20 years from the date on which the 
     application for the patent was filed in the United States or, 
     if the application contains a specific reference to an 
     earlier filed application or applications under sections 120, 
     121, or 365(c) of this title, from the date on which the 
     earliest such application was filed. Priority under sections 
     119, 365(a), or 365(b) of this title shall not be taken into 
     account in determining the term of a patent. A copy of the 
     specification and drawings shall be annexed to the patent and 
     be a part thereof.
       ``(b) Extension of Term if Certain Delay.--Where the 
     issuance of an original patent is delayed because of a 
     proceeding under section 135(a) of this title or the 
     application is placed under an order pursuant to section 181 
     of this title, the term of the patent shall be extended for 
     the period of delay up to 5 years.''.
       (b) Definition of Infringement.--Section 271 of title 35, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``, offers to sell,'' after ``uses''; and
       (B) by inserting ``or importing into the United States any 
     patented invention'' after ``the United States'';
       (2) in subsection (c) by striking out ``sells'' and 
     inserting ``offers to sell or sells within the United States 
     or imports into the United States for such purposes'';
       (3) in subsection (e)--
       (A) paragraph (1) by striking out ``or sell'' and inserting 
     ``offer to sell, or sell within the United States or import 
     into the United States'';
       (B) paragraph (3) by striking out ``or selling'' and 
     inserting ``offering to sell, or selling within the United 
     States or importing it'';
       (C) paragraph (4)(B) by striking out ``or sale'' and 
     inserting ``offer to sell, or sale within the United States 
     or importation into the United States for such purposes''; 
     and
       (D) paragraph (4)(C) by striking out ``or sale'' and 
     inserting ``offer to sell, or sale within the United States 
     or importation into the United States''; and
       (4) in subsection (g)--
       (A) in the first sentence by striking out ``sells'' and 
     inserting ``offers to sell, sells,'';
       (B) in the second sentence by inserting ``offer to sell,'' 
     after ``importation,''; and
       (C) in the second sentence by inserting ``, offer to sell'' 
     after ``other use''.
       (c) Conforming Amendments.--(1) Section 41(c)(2) of title 
     35, United States Code, is amended to read as follows:
       ``(2) No patent, the term of which has been maintained as a 
     result of the acceptance of a payment of a maintenance fee 
     under this subsection, shall abridge or affect the right of 
     any person or his successors in business who made, purchased, 
     or used anything protected by the patent within the United 
     States, or imported anything protected by the patent into the 
     United States after the 6-month grace period but prior to the 
     acceptance of a maintenance fee under this subsection, to 
     continue the use of, to offer for sale, or to sell to others 
     to be used, offered for sale, or sold, the specific thing so 
     made, purchased, used, or imported. The court before which 
     such matter is in question may provide for the continued 
     manufacture, use, offer for sale, or sale of the thing made, 
     purchased, or used within the United States, or imported into 
     the United States, as specified, or for the manufacture, use, 
     offer for sale, or sale in the United States of which 
     substantial preparation was made after the 6-month grace 
     period but before the acceptance of a maintenance fee under 
     this subsection, and it may also provide for the continued 
     practice of any process, practice, or for the practice of 
     which substantial preparation was made, after the 6-month 
     grace period but prior to the acceptance of a maintenance fee 
     under this subsection, to the extent and under such terms as 
     the court deems equitable for the protection of investments 
     made or business commenced after the 6-month grace period but 
     before the acceptance of a maintenance fee under the 
     subsection.''.
       (2) The second paragraph of section 252 of title 35, United 
     States Code, is amended to read as follows:
       ``No reissued patent shall abridge or affect the right of 
     any person or his successors in business who, prior to the 
     grant of a reissue, made, purchased, or used within the 
     United States, or imported into the United States anything 
     patented by the reissued patent, to continue the use of, to 
     offer to sell, or to sell to others to be used, offered for 
     sale, or sold, the specific thing so made, purchased, used, 
     or imported unless the making, using, offering for sale, or 
     selling of such thing infringes a valid claim of the reissued 
     patent which was in the original patent. The court before 
     which such matter is in question may provide for the 
     continued manufacture, use, offer for sale, or sale of the 
     thing made, purchased or used, or imported as specified, or 
     for the manufacture, use, offer for sale, or sale in the 
     United States of which substantial preparation was made 
     before the grant of the reissue, and it may also provide for 
     the continued practice of any process patented by the 
     reissue, practiced, or for the practice of which substantial 
     preparation was made, prior to the grant of the reissue, to 
     the extent and under such terms as the court deems equitable 
     for the protection of investments made or business commenced 
     before the grant of the reissue.''.
       (3) Section 262 of title 35, United States Code, is 
     amended--
       (A) by inserting ``, or offer to sell,'' after ``may make 
     use''; and
       (B) by inserting ``within the United States, or import into 
     the United States,'' after ``or sell the patented 
     invention''.
       (4) Section 272 of title 35, United States Code, is amended 
     by inserting ``offered for sale,'' after ``vehicle and is 
     not''.
       (5) Section 287 of title 35, United States Code, is 
     amended--
       (A) in subsection (a) by striking out ``making or selling 
     any patented article for or under them,'' and inserting 
     ``making, offering for sale, or selling within the United 
     States any patented article for or under them, or importing 
     any patented article into the United States for such 
     purposes,'';
       (B) in subsection (b)(1)(C) by inserting ``offer for 
     sale,'' after ``importation, use,'';
       (C) in subsection (b)(4)(A) by inserting ``or offered for 
     sale'' after ``or sold'';
       (D) in subsection (b)(4)(A)(ii) by inserting ``offer for 
     sale,'' after ``importation, use,'';
       (E) in subsection (b)(4)(C) by inserting ``offered for sale 
     or'' after ``patented process which have''; and
       (F) in subsection (b)(4)(C) by inserting ``or imported into 
     the United States,'' after ``United States''.
       (6) Section 292(a) of title 35, United States Code, is 
     amended--
       (A) by inserting ``offered for sale,'' after ``anything 
     made, used,'';
       (B) by inserting ``within the United States, or imported 
     into the United States'' before ``by him''; and
       (C) by striking out ``made or sold'' and inserting ``made, 
     offered for sale, sold, or imported''.
       (7) Section 295 of title 35, United States Code, is amended 
     by inserting ``, offer for sale,'' after ``importation, 
     sale''.
       (8) Section 307(b) of title 35, United States Code, is 
     amended by inserting ``within the United States, or imported 
     into the United States,'' after ``purchased, or used''.

     SEC. 10. PATENT TERM AND INTERNAL PRIORITY.

       (a) Term.--Section 154 of title 35, United States Code, is 
     amended to read as follows:

     ``Sec. 154. Contents and term of patent

       ``(a) In General.--Every patent shall contain a short title 
     of the invention and a grant to the patentee, his heirs or 
     assigns, of the right to exclude others from making, using, 
     offering for sale, or selling the invention throughout the 
     United States and, if the invention is a process, of the 
     right to exclude others from using, offering for sale, or 
     selling throughout the United States, or importing into the 
     United States, products made by that process, referring to 
     the specification for the particulars thereof. Subject to the 
     payment of fees as provided for in this title, such grant 
     shall be for a term beginning on the date on which the patent 
     issues and ending 20 years from the date on which the 
     application for the patent was filed in the United States or, 
     if the application contains a specific reference to an 
     earlier filed application or applications under sections 120, 
     121, or 365(c) of this title, from the date on which the 
     earliest such application was filed. Priority under sections 
     119, 365(a), or 365(b) of this title shall not be taken into 
     account in determining the term of the patent. A copy of the 
     specification and drawings shall be annexed to the patent and 
     be a part thereof.
       ``(b) Extension of Term in Certain Delay.--Where the 
     issuance of an original patent is delayed because of a 
     proceeding under section 135(a) of this title or the 
     application is placed under an order pursuant to section 181 
     of this title, the term of the patent shall be extended for 
     the period of delay up to 5 years. Any and all extensions 
     available under this subsection shall not extend the term of 
     an original patent for more than 5 years.
       ``(c) Terms of Certain Patents.--Except for patents for 
     designs, the term of a patent in force on the effective date 
     of this section shall be the greater of the 20-year term 
     provided in this section or 17 years after the date of the 
     grant. The remedies of sections 283, 284, and 285 of title 
     35, United States Code, shall not apply to any acts which 
     were commenced or for which significant investment was made 
     before the date of acceptance of the World Trade Organization 
     Agreement by the United States and which became infringing 
     because of the change in the term of a patent; except that 
     such acts may only be continued upon the payment of an 
     equitable remuneration to the patentee.''.
       (b) Establishment of a Domestic Priority System.--(1) 
     Section 119 of title 35, United States Code, is amended to 
     read as follows:

     ``Sec. 119. Benefit of earlier filing date; right of priority

       ``(a) In General.--An application for patent for an 
     invention filed in this country by any person who has, or 
     whose legal representatives or assigns have, previously filed 
     an application for a patent for the same invention in a 
     foreign country which affords similar privileges in the case 
     of applications filed in the United States shall have the 
     same effect as the same application would have if filed in 
     this country on the date on which the application for patent 
     for the same invention was first filed in such foreign 
     country, if the application in this country is filed within 
     12 months from the earliest date on which such foreign 
     application was filed; but no patent shall be granted on any 
     application for patent for an invention which had been 
     patented or described in a printed publication in any country 
     more than 1 year before the date of the actual filing of the 
     application in this country, or which had been in public use 
     or on sale in this country more than 1 year prior to such 
     filing.
       ``(b) Right of Priority.--No application for patent shall 
     be entitled to a right of priority under subsection (a) 
     unless a claim therefor and a certified copy of the original 
     foreign application, specification, and drawings upon which 
     it is based are filed in the Patent and Trademark Office 
     before the patent is granted, or at such time during the 
     pendency of the application as required by the Commissioner 
     not earlier than 6 months after the filing of the application 
     in this country. Such certification shall be made by the 
     patent office of the foreign country in which filed and show 
     the date of the application and of the filing of the 
     specification and other papers. The Commissioner may require 
     a translation of the papers filed if not in the English 
     language and such other information as he deems necessary.
       ``(c) Foreign Filing.--In like manner and subject to the 
     same conditions and requirements, the right provided under 
     subsection (a) may be based upon a subsequent regularly filed 
     application in the same foreign country instead of the first 
     filed foreign application, provided that any foreign 
     application has been withdrawn, abandoned, or otherwise 
     disposed of, without having been laid open to public 
     inspection and without leaving any rights outstanding, and 
     has not served, nor thereafter shall serve, as a basis for 
     claiming a right of priority.
       ``(d) Inventor's Certificates.--Applications for inventor's 
     certificates filed in a foreign country in which applicants 
     have a right to apply, at their discretion, either for a 
     patent or for an inventor's certificate shall be treated in 
     this country in the same manner and have the same effect for 
     purpose of the right of priority under subsection (a) as 
     applications for patents, subject to the same conditions and 
     requirements of this section as apply to applications for 
     patents. Such applicants shall be entitled to the benefits of 
     the Stockholm Revision of the Paris Convention at the time of 
     such filing.
       ``(e) Provisional Application.--An application for patent 
     filed under sections 111(a) or 363 of this title for an 
     invention disclosed in the manner provided by the first 
     paragraph of section 112 of this title in a provisional 
     application filed under section 111(b) of this title, by an 
     inventor or inventors named in the provisional application 
     shall have the same effect, as to such invention, as though 
     filed on the date of the provisional application filed under 
     section 111(b) of this title, if the application for patent 
     filed under sections 111(a) or 363 of this title is filed 
     within 12 months from the date on which the provisional 
     application was filed and if it contains or is amended to 
     contain a specific reference to the provisional application. 
     A provisional application filed under section 111(b) of this 
     title may not be relied upon in any proceeding in the Patent 
     and Trademark Office unless the fee set forth in subsection 
     41(a)(1)(C) has been paid and the provisional application was 
     pending on the filing date of the application for patent 
     under sections 111(a) or 363 of this title.''.
       (2) Section 41(a)(1) of title 35, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) On filing each provisional application for an 
     original patent, $150.''.
       (3) Section 111 of title 35, United States Code, is amended 
     to read as follows:

     ``Sec. 111. Application

       ``(a) In General.--(1) Application for patent shall be 
     made, or authorized to be made, by the inventor, except as 
     otherwise provided in this title, in writing to the 
     Commissioner. Such application shall include--
       ``(A) a specification as prescribed by section 112 of this 
     title;
       ``(B) a drawing as prescribed by section 113 of this title; 
     and
       ``(C) an oath by the applicant as prescribed by section 115 
     of this title.
       ``(2) The application must be accompanied by the fee 
     required by law. The fee and oath may be submitted after the 
     specification and any required drawing are submitted, within 
     such period and under such conditions, including the payment 
     of a surcharge, as may be prescribed by the Commissioner. 
     Upon failure to submit the fee and oath within such 
     prescribed period, the application shall be regarded as 
     abandoned, unless it is shown to the satisfaction of the 
     Commissioner that the delay in submitting the fee and oath 
     was unavoidable or unintentional. The filing date of an 
     application shall be the date on which the specification and 
     any required drawing are received in the Patent and Trademark 
     Office.
       ``(b) Provisional Applications.--(1) A provisional 
     application for patent shall be made, or authorized to be 
     made, by the inventor, in accordance with regulations 
     prescribed by the Commissioner. Such application shall 
     include--
       ``(A) a specification as prescribed by the first paragraph 
     of section 112 of this title; and
       ``(B) a drawing as prescribed by section 113 of this title.
       ``(2) A claim shall not be required in a provisional 
     application. The application must be accompanied by the fee 
     required by law. The fee may be submitted after the 
     specification and any required drawing are submitted, within 
     such period and under such conditions, including the payment 
     of a surcharge, as may be prescribed by the Commissioner. 
     Upon failure to submit the fee within such prescribed period, 
     the application shall be regarded as abandoned, unless it is 
     shown to the satisfaction of the Commissioner that the delay 
     in submitting the fee was unavoidable or unintentional. The 
     filing date of a provisional application shall be the date on 
     which the specification and any required drawing are received 
     in the Patent and Trademark Office. The provisional 
     application shall be regarded as abandoned 12 months after 
     its filing date and shall not be subject to revival 
     thereafter. Subject to all the conditions in this subsection, 
     sections 111(b)(2) and 119(e) and as prescribed by the 
     Commissioner, an application for patent filed under section 
     111(a) of this title may be treated as a provisional 
     application for patent.
       ``(3) A provisional application shall not be entitled to 
     the right of priority of any other application under sections 
     119 or 365(a) of this title or the benefit of an earlier 
     filing date in the United States under sections 120, 121, or 
     365(c) of this title.
       ``(4) The provisions of this title relating to applications 
     for patent shall be applicable to provisional applications 
     for patent, except as otherwise stated and except that 
     provisional applications for patent shall not be subject to 
     sections 115, 131, 135, and 157 of this title.''.
       (c) Technical and Conforming Amendments.--(1) Section 
     156(a)(2) of title 35, United States Code, is amended by 
     adding ``under subsection (e)(1) of this section'' after 
     ``extended''.
       (2) Section 172 of title 35, United States Code, is 
     amended--
       (A) by striking out ``section 119'' and inserting ``section 
     119 (a) through (d)''; and
       (B) by inserting at the end ``The right of priority 
     provided for by section 119(e) of this title shall not apply 
     to designs.''.
       (3) Section 173 of title 35, United States Code, is amended 
     by inserting ``after the date of grant'' after ``years''.
       (4) Section 365 of title 35, United States Code, is 
     amended--
       (A) in subsection (a) by striking out ``section 119'' and 
     inserting ``section 119 (a) through (d)''; and
       (B) in subsection (b) by striking out ``the first paragraph 
     of section 119'' and inserting ``section 119(a)''.
       (5) Section 373 of title 35, United States Code, is amended 
     by striking out ``section 119'' and inserting ``section 119 
     (a) through (d)''.
       (6) The table of sections for chapter 11 of title 35, 
     United States Code, is amended--
       (A) by striking the item relating to section 111 and 
     inserting the following:

``111. Application.'';
     and

       (B) by striking the item relating to section 119 and 
     inserting the following:

``119. Benefit of earlier filing date; right of priority.''.

     SEC. 11. EFFECTIVE DATE.

       (a) In General.--Subject to subsection (b), the provisions 
     of this Act and the amendments made by this Act shall take 
     effect 1 year after the date of entry into force of the World 
     Trade Organization Agreement as referred to under the Uruguay 
     Round Implementation Act.
       (b) Patent Term and Internal Priority.--Section 10 shall 
     take effect 6 months after the date of enactment of this Act 
     and shall apply to all applications filed in the United 
     States on or after the effective date. The term of a patent 
     granted on a plant or utility application that is filed after 
     the effective date and that contains a specific reference to 
     an earlier filed application under the provisions of sections 
     120, 121, or 365(c) of title 35, United States Code, shall be 
     determined from the filing date of the earliest filed 
     application, a reference to which is made under sections 120, 
     121, or 365(c) of such title.
                                 ______

      By Mr. SIMON (for himself, Ms. Moseley-Braun and Mr. Ford):
  S. 2369. A bill to grant the consent of the Congress to amendments to 
the central midwest interstate low-level radioactive waste compact; to 
the Committee on the Judiciary.


               legislation on the central midwest compact

 Mr. SIMON. Mr. President, at the request of Governor Edgar of 
Illinois, I am introducing legislation today granting congressional 
approval for various amendments to the central midwest compact on low-
level radioactive waste.
  The central midwest compact was established by Illinois and Kentucky 
in 1984 and received Congress' approval in 1986. The creation of the 
compact was a critical step in allowing Illinois and Kentucky to manage 
and control the disposal of radioactive waste within their borders.
  This past year, both States adopted amendments to that compact that 
clarified its implementation and operation. Since these amendments 
modify an agreement between two States, they must receive congressional 
approval under the U.S. Constitution. The legislation I am offering 
provides that authorization.
  In introducing this measure, I want to emphasize that I have taken no 
position on the merits of any specific waste disposal site or disposal 
plan. When these issues are subsequently debated in Illinois and 
Kentucky, it will be necessary for all concerned to act with the 
highest public concern for the health and safety of local citizens, for 
the protection of the environment, and for the efficient management of 
our waste materials.
  I want to thank Senators Moseley-Braun and Ford for cosponsoring this 
legislation with me. We look forward to a speedy congressional 
approval.
                                 ______

      By Mr. DOLE:
  S.J. Res. 215. A joint resolution designating September 5, 1994, 
Labor Day, as ``Try American Day''; to the Committee on the Judiciary.


                            Try American day

  Mr. DOLE. Mr. President, in the frequent debates we have in the 
Senate over the trade deficit, we pay a great deal of attention to the 
reasons for that deficit: the competitiveness of our producers, the 
trade barriers erected by some of our competitors, and the relative 
openness of the American market in comparison with other countries, to 
name a few.
  The debate often overlooks one reason for the trade deficit--the 
tremendous appetite Americans have for products made outside the United 
States. That appetite helps make us the largest importing nation in the 
world.
  Being the largest importer should not be a problem for us. In fact, 
it should serve as an argument for other countries to open their 
markets to American-made products.
  I believe it would be constructive, however, if all Americans gave 
more thought to selecting American-made products whenever possible. It 
would be good if every American looked at products made here in the 
United States as not just a consumer's choice, but as a job in their 
locality, a paycheck for their neighbor, and a direct economic benefit 
to their community.
  This idea should not just occur to the individual consumer but to 
corporate purchasers as well. Those corporations who come to Washington 
seeking some sort of protection might do well to survey their machine 
tools, their corporate vehicles and their capital equipment to see 
where they were produced and how the purchasing choice was made.
  To try to promote the idea of considering American-made products, I 
am introducing today a joint resolution designating September 5, 1994, 
Labor Day, a ``Try American Day.'' Last year, I introduced a similar 
joint resolution which passed the Senate. I am pleased to say that this 
joint resolution is supported by ``USA-Owned/USA-Made,'' an 
organization which promotes American quality, services and products.
  The designation ``Try American Day'' avoids any confusion with ``Buy 
American'' legislation or any Federal Government mandate. This should 
be a personal choice for the American buyer.
  Labor Day has been chosen as an appropriate day to honor the American 
worker.
  The joint resolution also identifies American agriculture as a salute 
to the productivity of that important sector of American life.
  The joint resolution authorizes the President to issue a proclamation 
calling on Americans to observe the day with appropriate activities and 
the purchase of American-made goods and services. But I would hope, Mr. 
President, that the resolution would have a positive effect on the 
purchase of American-made goods and services for the other 364 days of 
the year as well.
  Mr. President, to date, ``Try America'' joint resolutions similar to 
this one have been passed by State governments in Arizona, Nevada, and 
Utah and by counties and cities in California, Arizona, and Washington 
State and are expected to pass in a number of other States and 
localities.
  I want to make it clear to my colleagues that this joint resolution 
is not intended as any sort of Government-imposed mandate or any 
criticism of goods produced in other countries. It is simply intended 
as a modest effort to make consumers more aware of the skills and hard 
work of the millions of American men and women producing world-class 
products in large companies, small businesses, agriculture, the food 
industry and the service sector.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             S.J. Res. 215

       Whereas the creativity and ingenuity of American working 
     men and women in the United States have provided a host of 
     new products and services which improve the quality of life 
     in the United States and the world;
       Whereas American workers should be recognized as one of our 
     Nation's most valuable resources;
       Whereas the American spirit of entrepreneurship, pride of 
     craftsmanship, and commitment to quality are hallmarks 
     recognized throughout the world;
       Whereas the United States and its citizens have reason to 
     celebrate the strength and quality of American products and 
     services;
       Whereas the quality and abundance of American goods are a 
     tribute to the productivity and ability of American workers;
       Whereas the ability of American companies to export, even 
     in the face of strong trade barriers in many countries, is a 
     sign of the true competitiveness of American products;
       Whereas American farmers and ranchers provide this country 
     and the world with a wide array of high quality food and 
     fiber products and consistently create annual agricultural 
     trade surpluses of more than $20,000,000,000;
       Whereas the energy and perseverance of American business 
     serves as a beacon for other nations that strive to ensure 
     prosperity for their people; and
       Whereas American small business provides a basis for 
     economic progress and for the creation of jobs and 
     opportunities for people from every corner of America: Now, 
     therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That 
     September 5, 1994, Labor Day, is designated ``Try American 
     Day'', and the President is authorized and requested to issue 
     a proclamation calling on the people of the United States to 
     observe the day with appropriate ceremonies and activities 
     and to honor the day through the purchase of American-made 
     goods and services.

                          ____________________