bill_id,congress,bill_type,bill_number,title,policy_area,introduced_date,latest_action_date,latest_action_text,origin_chamber,sponsor_name,sponsor_state,sponsor_party,sponsor_bioguide_id,cosponsor_count,summary_text,update_date,url 105-hr-4859,105,hr,4859,Technology Transfer Commercialization Act of 1998,Commerce,1998-10-20,1998-10-21,Received in the Senate.,House,"Rep. Morella, Constance A. [R-MD-8]",MD,R,M000941,1,"Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to revise requirements regarding enumerated authority under a cooperative research and development (R&D) agreement to permit Government laboratories to grant licenses to federally owned inventions for which a patent application was filed before the granting of the license, and directly within the scope of work under such agreement. (Sec. 3) Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received; and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention. Exempts from these requirements the licensing of any inventions made under an R&D agreement. (Sec. 4) Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to Government acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Act relating to, among other things, the distribution of royalties received by Federal agencies. (Sec. 6) Requires each Federal agency with a federally funded laboratory that has one or more R&D agreements under the Stevenson-Wydler Act to report to the Committee on National Security of the National Science and Technology Council (Committee) and the Congress on the general policies and procedures that agency uses to gather and consider the views of other agencies on joint work statements, or R&D agreements in the case of certain laboratories, with respect to major proposed R&D agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness. Directs the Committee to: (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to R&D agreements; and (2) establish and distribute to appropriate Federal agencies specific criteria to indicate the necessity for gathering and considering agency views on such statements or agreements, as well as additional procedures, if any, for carrying out such gathering and considering. Amends the Stevenson-Wydler Act to provide for increased flexibility for Federal laboratory partnership intermediaries. Directs the General Accounting Office to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the U.S. Patent and Trademark Office to consider the recommendations of such study in drafting regulations affecting biological deposits. Revises Federal patent law to authorize, upon timely request, the treatment of a provisional application as a written application, notwithstanding the absence of a claim. Applies current statutory abandonment treatment to a provisional application 12 months after the application filing date only if such a request is not made.",2025-04-07T15:34:08Z, 105-hr-4848,105,hr,4848,Free Annual Credit Report Act of 1998,Commerce,1998-10-16,1998-10-16,Referred to the Subcommittee on Financial Institutions and Consumer Credit.,House,"Rep. Kennedy, Joseph P., II [D-MA-8]",MA,D,K000110,1,Free Annual Credit Report Act of 1998 - Amends the Fair Credit Reporting Act to require a consumer reporting agency to provide a free annual credit report to any consumer upon request.,2025-08-21T16:11:37Z, 105-hr-4841,105,hr,4841,Small Business Franchise Act of 1998,Commerce,1998-10-14,1998-10-19,Referred to the Subcommittee on Commercial and Administrative Law.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,11,"Small Business Franchise Act of 1998 - Prohibits any person, in connection with the advertising, offering, sale, or promotion of any franchise, from: (1) employing a device, scheme, or artifice to defraud; (2) engaging in an act, practice, course of business, or pattern of conduct which operates or is intended to operate as a fraud upon any prospective franchisee; (3) obtaining property, or assisting others in so doing, by negligently making an untrue statement of a material fact or any failure to state a material fact; (4) discriminating among prospective franchisees on the basis of race, color, sexual orientation, sex, religion, disability, national origin, or age; or (5) making any claim or representation which is inconsistent with or contradicts a disclosure document. Requires the franchisor to provide a written statement specifying whether the franchise agreement contains a right of renewal. (Sec. 4) Prohibits any franchisor or subfranchisor, in connection with the performance, enforcement, renewal, or termination of any franchise agreement, from: (1) engaging in an act, practice, course of business, or pattern of conduct which operates as a fraud upon any person; (2) discriminating among franchisees on the basis of race, color, sexual orientation, sex, religion, disability, national origin, or age; (3) hindering, prohibiting, or penalizing the free association of franchisees for any lawful purpose, including the formation of or participation in any trade association made up of franchisees; or (4) discriminating against a franchisee by imposing requirements not imposed on other similarly situated franchisees or otherwise retaliating against any franchisee for membership or participation in a franchisee association. Prohibits a franchisor from: (1) terminating a franchise agreement prior to its expiration without good cause; or (2) prohibiting a franchisee from engaging in any business at any location after the expiration of a franchise agreement. (Sec. 5) Sets forth provisions concerning: (1) minimum standards of conduct (good faith, due care, and limited fiduciary duty) for each party to a franchise agreement; (2) a prohibition against requiring the inclusion of a franchise agreement term or condition which violates this Act or relieves a person from a duty or liability under this Act; (3) a prohibition against the waiver from compliance with this Act; and (4) authorized legal actions by State attorneys general on behalf of State residents for alleged violations. (Sec. 8) Authorizes a franchisee to assign a franchise interest to a transferee, provided such transferee satisfies reasonable qualifications applied by the franchisor in determining whether or not a current franchisee is eligible for renewal. Provides transfer conditions, including 30 days' prior written notice. Outlines events which shall not be considered transfers, such as successor management by a surviving heir or incorporation. (Sec. 9) Prohibits a franchisor from transferring a franchise interest unless: (1) the franchisor provides 30 days prior notice to all franchisees of such intent; (2) the notice is accompanied by a complete description of the business and financial terms of the proposed transfer; and (3) upon such transfer, the transferee entity has the appropriate business experience and financial means to perform all of the franchisor's obligations. (Sec. 10) Prohibits a franchisor from prohibiting a franchisee from obtaining equipment, fixtures, supplies, goods, or services (goods or services) used in the establishment or operation of the franchised business from sources of the franchisee's choosing, with the exception that such goods or services must meet reasonable quality standards promulgated or enforced by the franchisor. Requires the franchisor to: (1) provide and continuously update a list of approved vendors for such goods or services; and (2) report at least annually revenues and profits received from the sale of such goods or services to its franchisees. (Sec. 11) Prohibits a franchisor from placing one or more new outlets of a franchised business within unreasonable proximity to an existing franchise, with an exception. (Sec. 12) Sets forth provisions concerning: (1) legal actions brought by persons injured or damaged by violations; and (2) the right to arbitration, mediation, or other nonjudicial resolution in lieu of a legal action (with a statute of limitations).",2025-08-21T16:12:28Z, 105-s-2631,105,s,2631,A bill to establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made.,Commerce,1998-10-14,1998-10-14,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Johnson, Tim [D-SD]",SD,D,J000177,0,"Directs the Secretary of Commerce to establish a three-year toll free number pilot program to inform consumers about whether a product is ""made in America"" if the Secretary determines, based upon comments submitted in a certain rulemaking, that interest among manufacturers is sufficient to warrant such a program. Prescribes implementation procedures, including assessment of a civil penalty against any manufacturer who knowingly registers a product that does not comply with criteria under this Act.",2025-04-07T13:48:11Z, 105-hr-4788,105,hr,4788,Consumer Automobile Lease Advertising Act of 1998,Commerce,1998-10-10,1998-10-12,Sponsor introductory remarks on measure. (CR E2091-2093),House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,0,"Consumer Automobile Lease Advertising Act of 1998 - Amends the Consumer Credit Protection Act to increase from $25,000 to $50,000 the maximum amount of a contractual obligation of a consumer lease to which the Act applies. Mandates annual adjustment of such limit based upon changes reported in the Consumer Price Index by the Department of Labor. Prescribes additional lease advertising disclosure requirements for advertising media, including radio and television broadcasting and toll-free telephones. Prohibits specified automobile lease advertising practices, including: (1) statements that no downpayment is required when the lessor actually requires certain payments upon lease initiation; and (2) lease terms that are available only to selected customers. Mandates that: (1) advertised lease payment amounts for automobiles be calculated on the basis of a formula prescribed by the Board of Governors of the Federal Reserve System (Board), and be accompanied by specified time and mileage disclosures; and (2) automobile dealerships place additional disclosures within a prominent location in the dealership. Empowers the Federal Trade Commission to enforce this Act. Amends the Truth in Lending Act to set forth a maximum civil penalty for noncompliance with such Act.",2025-08-21T16:14:55Z, 105-s-2587,105,s,2587,"A bill to protect the public, especially seniors, against telemarketing fraud and telemarketing fraud over the Internet and to authorize an educational campaign to improve senior citizens' ability to protect themselves against telemarketing fraud over the Internet.",Commerce,1998-10-08,1998-10-08,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Wyden, Ron [D-OR]",OR,D,W000779,0,"TABLE OF CONTENTS: Title I: Telemarketing Fraud Over the Internet Title II: Special Protection for Senior Citizens Title I: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. Title II: Special Protection for Senior Citizens - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet.",2025-01-14T18:51:33Z, 105-hr-4712,105,hr,4712,"To amend title 17, United States Code, to extend the term of copyright, to provide for a music licensing exemption, and for other purposes.",Commerce,1998-10-07,1998-10-15,For Further Action See S.505.,House,"Rep. Sensenbrenner, F. James, Jr. [R-WI-9]",WI,R,S000244,1,"TABLE OF CONTENTS: Title I: Copyright Term Extension Title II: Music Licensing Exemption Title I: Copyright Term Extension - Sonny Bono Copyright Term Extension Act - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. (Sec. 102) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002. Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured. Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured. (Sec. 103) Revises provisions regarding termination of certain transfers and licenses granted by the author or covering extended renewal terms to provide that if the author's widow, widower, children, and grandchildren are not living, the author's executor, administrator, personal representative, or trustee shall own the author's entire termination interest. (Sec. 104) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. (Sec. 105) Expresses the sense of the Congress that owners of copyrights for audiovisual works for which the term of copyright protection is extended by the amendments made by this title, and the screenwriters, directors, and performers of those audiovisual works, should negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements regarding the establishment of a fund or other mechanism for the amount of remuneration to be divided among the parties for the exploitation of those audiovisual works. Title II: Music Licensing Exemption - Fairness in Music Licensing Act of 1998 - Revises Federal copyright law with respect to communication by an establishment of a transmission (or retransmission) embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier. Provides that such a communication shall not be a copyright infringement, depending upon criteria based upon whether: (1) the establishment is or is not a food service or drinking establishment; (2) no direct charge is made to see or hear the transmission (or retransmission) which is not further transmitted beyond the receiving establishment; and (3) such transmission (or retransmission) is licensed by the copyright owner of the work so publicly performed or displayed. Excludes as a copyright infringement the performance of a nondramatic musical work by a commercial establishment at no charge when its purpose is to promote audiovisual or other devices used in it. (Sec. 203) Provides for the determination of reasonable license rates or fees for performing rights societies subject to consent decrees providing for such determination. (Sec. 204) Entitles a plaintiff to additional damages equal to double the amount of the license fee that should have been paid during the preceding three years in any case where the court finds that the defendant proprietor of an establishment claiming his activities were exempt from copyright infringement prohibitions did not have reasonable grounds to believe so.",2025-01-16T12:12:20Z, 105-hr-4631,105,hr,4631,Visit USA Act,Commerce,1998-09-25,1998-09-30,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Farr, Sam [D-CA-17]",CA,D,F000030,1,"TABLE OF CONTENTS: Title I: International Visitor Initiatives Title II: International Marketing Program Value in Supporting International Tourism in the United States Act of 1998 (or the Visit USA Act) - Title I: International Visitor Initiatives - Directs the Secretary of Commerce to establish an Intergovernmental Task Force for International Visitor Assistance. Requires the Task Force to: (1) examine, and report to the President and the Congress its recommendation on, signage at U.S. facilities (including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations); and (2) identify and suggest solutions to existing inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel here. Requires the Task Force also to examine and report on: (1) the availability of multilingual travel and tourism information and means of disseminating such information; and (2) establishment of a toll-free, private-sector operated telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency. Directs the Secretary to complete, as soon as practicable, a satellite system of accounting for the travel and tourism industry. Title II: International Marketing Program - Authorizes appropriations for U.S. National Tourism Organization international promotional activities. Prohibits the use of such funds for any purpose other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world. States that the Organization's general and administrative expenses shall be borne by the private sector.",2025-08-21T16:12:03Z, 105-s-2502,105,s,2502,Vessel Hull Design Protection Act,Commerce,1998-09-21,1998-09-21,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Breaux, John B. [D-LA]",LA,D,B000780,2,"Vessel Hull Design Protection Act - Amends Federal copyright law to provide for protection of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public. Defines useful article as a vessel hull, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. Provides that the design of a vessel hull, including a plug or mold, is subject to protection under this Act. (Sec. 2) Bars protection for designs that are: (1) not original; (2) staple or commonplace; (3) dictated solely by a utilitarian function of the article that embodies it; or (4) embodied in a useful article that was made public by the designer or owner more than one year before the date of application for registration. Provides for ten-year terms of protection. Sets forth marking and design notice requirements for protected designs. Bars recovery against persons who began undertakings leading to infringement before receiving notice. Places the burden of providing notice of protection on design owners. Grants owners of protected designs exclusive rights to make, have made, import, sell, or distribute for sale or for use in trade any useful article embodying protected designs. Makes it infringement to engage in such activities with respect to infringing articles without an owner's consent. Provides that it shall not be infringement to: (1) engage in certain activities with respect to protected designs without knowledge of a design's protection; or (2) reproduce a protected design solely for purposes of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design or the functions of the useful article embodying the design. Places the burden of establishing a design's originality on the party alleging rights in a design. Provides that protection shall be lost if application for design registration is not made within two years after the date on which the design is first made public. Sets forth registration application requirements. Accords protection to designs with respect to which an application was filed by a U.S. owner in a foreign country on the date as filed if the U.S. application is filed within six months after the earliest date on which such foreign application was filed. Provides for: (1) determinations of registrations and procedures for cancelling registrations in cases where a party believes he or she may be damaged by registration; and (2) ownership and transfer of property rights of protected designs. Authorizes design owners to seek judicial review of final refusals of the Register of Copyrights to register designs. Permits the use of arbitration to resolve infringement disputes. Authorizes injunctive relief to prevent infringement. Provides for recovery of damages or the infringer's profits in infringement cases. Sets a three-year statute of limitations with respect to recovery for infringement. Authorizes the court to order or cancel registrations. Prescribes penalties for the filing of infringement actions with respect to fraudulently obtained registrations or making false markings or representations. Directs the Secretary of the Treasury and the Postal Service to issue regulations for the enforcement of exclusive rights with respect to importation of protected designs. Subjects articles imported in violation of such rights to seizure and forfeiture. Terminates protection under this Act upon issuance of a design patent with respect to an original design. Grants the U.S. district courts jurisdiction over actions arising under this Act.",2025-08-21T16:11:29Z, 105-hr-4581,105,hr,4581,Dietary Supplement Fairness in Advertising Act,Commerce,1998-09-16,1998-09-30,Referred to the Subcommittee on Health and Environment.,House,"Rep. Crapo, Mike [R-ID-2]",ID,R,C000880,4,"Dietary Supplement Fairness in Advertising Act - Amends the Federal Trade Commission Act to declare that an advertisement for a dietary ingredient or supplement is not unfair competition or a deceptive act or practice if it is made consistent with: (1) certain provisions of the Federal Food, Drug, and Cosmetic Act (FDCA) relating to dietary supplements; and (2) the amendments made by this Act. Requires that, before the Federal Trade Commission determines whether an advertisement or advertiser is in FDCA compliance, the advertiser have the opportunity to consult directly with any scientific expert that advised the Commission concerning the applicability of FDCA provisions to the dietary ingredient or supplement. Declares that the inclusion, in an advertisement for a dietary ingredient or supplement meeting FDCA requirements, of truthful information that is not misleading concerning the usefulness or potential usefulness of an ingredient or supplement based on a study related to that ingredient or supplement is not unfair competition or a deceptive act or practice if that information identifies the type of study (in vitro, human, animal, epidemiological, or other) in the advertisement. Requires that, when the Commission makes a consent agreement regarding a complaint of unfair competition or a deceptive act or practice concerning the advertisement of a dietary ingredient or dietary supplement, the agreement cover only the ingredient or supplement class that is the subject of the complaint.",2025-08-21T16:12:21Z, 105-s-2448,105,s,2448,Small Business Loan Enhancement Act,Commerce,1998-09-08,1998-09-08,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Kerry, John F. [D-MA]",MA,D,K000148,7,"Small Business Loan Enhancement Act - Amends the Small Business Investment Act (SBIA): (1) to include women-owned business development among the public policy goals for projects eligible for small business development company loans; and (2) to direct the Administrator of the Small Business Adminstration to require an appraisal of real estate if a loan made for plant acquisition, construction, conversion or expansion includes more than $250,000 for a real estate transaction, or to authorize the lender to require such an appraisal if the loan involves the use of $250,000 or less for such a transaction. Amends the Small Business Act to: (1) authorize loans to small businesses for assistance in meeting Year 2000 technology requirements; and (2) set forth the same real estate appraisal requirements for loans under such Act as prescribed for SBIA loans above. Repeals provisions concerning the payment of accrued interest with respect to SBA-guaranteed small business loans. Amends the SBA's Microloan Program to: (1) require its loan loss reserve fund to be maintained at a level equal to not more than 15 percent of the outstanding balance of the microloans owed to the intermediary; and (2) allow such fund to be reduced below such level if the intermediary can demonstrate to the Administrator, after a five-year participation period, that the average loan loss rate during such period is less than 15 percent, and the Administrator determines that no other factors are likely to impair the intermediary's ability to repay all obligations owed to the SBA. Directs the Administrator to then reduce such rate accordingly, except that such rate cannot be reduced to less than ten percent of the outstanding balance of the microloans owed to such intermediary.",2025-08-21T16:14:48Z, 105-hr-4449,105,hr,4449,Satellite Access to Local Stations Act,Commerce,1998-08-06,1998-08-12,Referred to the Subcommittee on Courts and Intellectual Property.,House,"Rep. Burr, Richard [R-NC-5]",NC,R,B001135,54,"Satellite Access to Local Stations Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Sets forth reporting requirements for a satellite carrier whose secondary transmissions are subject to such licensing requirements. Precludes any royalty obligation for such secondary transmissions. States that noncompliance with such reporting requirements by a satellite carrier of a television broadcast station is actionable as an act of infringement and fully subject to copyright remedies. Amends the Communications Act of 1934 regarding the retransmission of broadcasting station signals. Prohibits cable systems and other multichannel video programming distributors from retransmitting a broadcasting station's signal without the station's express consent. Directs the Federal Communications Commission to commence a rulemaking proceeding to revise regulations governing the exercise by television broadcast stations of the right to grant retransmission consent. Prescribes requirements for the carriage of local television signals by satellite carriers, including: (1) carriage obligations; (2) carriage of all local television stations on contiguous channels and in a nondiscriminatory manner on any navigational device, on-screen guide, or menu; (3) compensation for carriage; and (4) remedies for failure to meet obligations.",2025-08-21T16:11:28Z, 105-hr-4453,105,hr,4453,Protect American Jobs Through the Foreign Trade Antitrust Improvements Amendments Act of 1998,Commerce,1998-08-06,1998-08-28,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Conyers, John, Jr. [D-MI-14]",MI,D,C000714,2,"Protect American Jobs Through the Foreign Trade Antitrust Improvements Amendments Act of 1998 - Amends the Sherman and Federal Trade Commission Acts with respect to their application to certain conduct (subject to antitrust prohibitions) and to methods of unfair competition involving commerce with foreign nations only where such conduct or methods have a direct, substantial, and reasonably foreseeable effect on export commerce with foreign nations of a person engaged in such commerce in the United States. Declares that such Acts shall apply only for injury to export business in the United States (as in current law), and without regard to the effect of specified conduct on U.S. consumers. Declares that a determination of whether the effect of such conduct is substantial may be made solely with reference to the product or type of product affected by the conduct and the geographical area in which such conduct occurs.",2025-08-21T16:14:37Z, 105-hconres-318,105,hconres,318,"Expressing the sense of the Congress that the Federal Trade Commission should exercise its broad authority under the Federal Trade Commission Act to investigate businesses that are engaging in the deceptive advertising practice of misrepresenting their geographic locations in telephone listings, Internet advertisements, and other advertising media.",Commerce,1998-08-05,1998-08-28,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Calvert, Ken [R-CA-43]",CA,R,C000059,0,"Expresses the sense of the Congress that the Federal Trade Commission should exercise its broad authority under the Federal Trade Commission Act to investigate businesses that engage in the deceptive advertising practice of misrepresenting their geographic locations in telephone listings, Internet advertisements, and other advertising media.",2025-01-02T17:43:38Z, 105-s-2407,105,s,2407,Small Business Programs Restructuring and Reform Act of 1998,Commerce,1998-07-31,1998-07-31,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Bond, Christopher S. [R-MO]",MO,R,B000611,4,"Small Business Programs Restructuring and Reform Act of 1998 - Amends the Small Business Act to increase from $8 million to $12 million, for FY 1999 and thereafter, the authorization of appropriations for the women's business center program. Repeals a provision concerning the terms of assistance to certain organizations under the program. Directs the Comptroller General (CG) to review the administration of such program and report review results to the congressional small business committees. Requires a follow-up report from the CG. (Sec. 3) Amends provisions of the Act relating to the Small Business Innovative Research Program (SBIR) to: (1) direct the Small Business Administration (SBA) to encourage Federal agencies to fund programs for the research and development of assistive and universally designed technology intended to lead to new products for individuals with disabilities; (2) increase for FY 2001 and thereafter the amounts required to be expended by certain Federal agencies for uses specifically connected with SBIR programs; (3) revise SBIR limitations relating to administrative costs; and (4) repeal a provision which terminates the SBIR on October 1, 2000. (Sec. 5) Amends the Small Business Investment Act of 1958 to direct the SBA to authorize certain qualifying State and local development companies to foreclose and liquidate loans in the portfolios of those companies that are funded with the proceeds of debentures guaranteed by the SBA under the Small Business Development Company Program. Outlines development company qualification requirements. Requires a qualified development company to submit to the SBA a proposed liquidation plan, and authorizes such a company to submit a proposed workout plan. Prohibits any action by a State or local development company that would result in a conflict of interest with any third party lender participating in the liquidation or foreclosure of the loan. Authorizes the SBA to suspend or revoke the authority of a qualified company under appropriate circumstances. Directs the SBA to report annually to the small business committees on the results of the delegation of authority to liquidate and foreclose such loans. Terminates the current SBA loan liquidation pilot program on the date on which final regulations implementing this section are promulgated. (Sec. 6) Directs the SBA to submit to the small business committees certain information concerning the participation in Federal procurement contracts by small businesses, including those owned and controlled by socially and economically disadvantaged individuals and by women. (Sec. 7) Establishes in the SBA: (1) the position of Associate Administrator for Veterans Business Development; and (2) an Office of Veterans Business Development, to be administered by the Associate Administrator. Establishes the Advisory Committee on Veterans Business Affairs to serve as an independent source of advice and policy recommendations to the SBA Administrator, the Congress, and the President. Directs the Administrator to enter into a memorandum of understanding with the Service Corps of Retired Executives (SCORE) for the appointment by SCORE of a National Veterans Business Coordinator, who shall establish and administer the provision of entrepreneurial counseling and training to veterans through SCORE chapters in the United States. Requires notification of the availability of such services through a toll-free telephone number and an Internet website. Directs the Administrator to report annually to the small business committees on the needs of small businesses owned and controlled by veterans and service-disabled veterans. Requires the SBA's Office of Advocacy to evaluate Federal and private efforts to assist small businesses owned by veterans and service-disabled veterans and to make appropriate recommendations to the Administrator and the Congress. Adds the provision of assistance to veterans to authorized purposes and activities under the Microloan Program.",2025-08-21T16:11:14Z, 105-s-2412,105,s,2412,Visit USA Act,Commerce,1998-07-31,1998-07-31,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Burns, Conrad R. [R-MT]",MT,R,B001126,10,"TABLE OF CONTENTS: Title I: International Visitor Initiatives Title II: International Marketing Program Value in Supporting International Tourism in the United States Act of 1998 (or the Visit USA Act) - Title I: International Visitor Initiatives - Directs the Secretary of Commerce to establish an Intergovernmental Task Force for International Visitor Assistance. Requires the Task Force to: (1) examine, and report to the President and the Congress its recommendation on, signage at U.S. facilities (including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations); and (2) identify and suggest solutions to existing inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel here. Requires the Task Force also to examine and report on: (1) the availability of multilingual travel and tourism information and means of disseminating such information; and (2) establishment of a toll- free, private-sector operated telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency. Directs the Secretary to complete, as soon as may be practicable, a satellite system of accounting for the travel and tourism industry. Title II: International Marketing Program - Authorizes appropriations for U.S. National Tourism Organization international promotional activities. Prohibits the use of such funds for any purpose other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world. States that the Organization's general and administrative expenses shall be borne by the private sector.",2025-08-21T16:13:25Z, 105-s-2372,105,s,2372,Small Business Year 2000 Readiness Act,Commerce,1998-07-30,1998-07-30,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Bond, Christopher S. [R-MO]",MO,R,B000611,3,"Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot loan guarantee program under which the SBA shall guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including the repair or acquisition of information technology systems and other automated systems. Limits: (1) the loan amount for each participating small business to $50,000; and (2) the amount which is guaranteed by the SBA to 50 percent of the total loan received from a lender. Requires the SBA to notify the small business committees at least 30 days in advance of the initiation of any pilot program under such Act or a pilot program which may affect the subsidy rate estimates for a loan program. Requires an annual report to such committees on each pilot program under which loans are guaranteed by the SBA.",2025-08-21T16:12:00Z, 105-s-2384,105,s,2384,Year 2000 Enhanced Cooperation Solution,Commerce,1998-07-30,1998-07-30,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Ashcroft, John [R-MO]",MO,R,A000356,1,"Year 2000 Enhanced Cooperation Solution - Makes Federal antitrust laws inapplicable to conduct (or a related agreement) engaged in solely to facilitate responses designed to mitigate the impact of a computer data failure caused by the Year 2000 transition if such conduct or agreement occurs after the date of enactment of this Act and before December 31, 2001. Provides an exception with respect to conduct that results in a boycott of a person or that involves an agreement to allocate a market or to fix prices or output.",2025-08-21T16:13:52Z, 105-s-2326,105,s,2326,Children's Online Privacy Protection Act of 1998,Commerce,1998-07-17,1998-10-01,Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.,Senate,"Sen. Bryan, Richard H. [D-NV]",NV,D,B000993,2,"Children's Online Privacy Protection Act of 1998 - Directs the Federal Trade Commission (FTC) to prescribe regulations requiring commercial website operators to follow fair information practices in connection with the collection and use of personal information from children under age 16, including by obtaining verifiable parental consent for the collection, use, or disclosure of personal information from children under the age of 13. Directs the FTC to provide incentives for efforts of self-regulation by operators to implement appropriate protections for such information. Authorizes the States to enforce such regulations by bringing actions on behalf of residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action. Provides for enforcement of this Act through the Federal Trade Commission Act. Directs the FTC to review and report to the Congress on the implementation of this Act.",2025-08-21T16:14:42Z, 105-s-2291,105,s,2291,Collections of Information Antipiracy Act,Commerce,1998-07-10,1998-10-13,"Referred to Subcommittee on Technology, Terrorism, Government.",Senate,"Sen. Grams, Rod [R-MN]",MN,R,G000367,4,"Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. (Sec. 3) Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity or to computer programs. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Declares that nothing in this Act shall: (1) permit the extraction, use, resale, or other disposition of real time market information except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulations promulgated under such Acts may otherwise provide; or (2) be construed to permit any person to extract or use real time market information in a manner that constitutes a market substitute for a real time market data service (including the real time systematic updating of or display of a substantial part of market information) provided on a real time basis. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the investment of resources that qualified the information for protection.",2025-08-21T16:11:36Z, 105-s-2252,105,s,2252,Trade Law Enforcement Improvement Act,Commerce,1998-06-26,1998-10-13,Referred to Subcommittee on Antitrust and Business.,Senate,"Sen. Abraham, Spencer [R-MI]",MI,R,A000355,0,"Amends the Sherman and Federal Trade Commission Acts to apply their antitrust provisions to export trade, or methods of unfair competition, between a U.S. person and a foreign country, only for injury to export business in the United States and without regard to the effect of specified conduct on U.S. consumers. Declares that a determination of whether the effect of such conduct is substantial may be made solely with reference to the product or type of product affected by the conduct and the geographical area in which such conduct occurs.",2026-01-07T14:11:22Z, 105-hr-4179,105,hr,4179,"To authorize qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund, and for other purposes.",Commerce,1998-06-25,1998-09-23,Committee Hearings Held.,House,"Rep. Rush, Bobby L. [D-IL-1]",IL,D,R000515,25,"Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources. Authorizes appropriations.",2025-01-02T17:50:40Z, 105-s-2236,105,s,2236,Product Liability Reform Act of 1998,Commerce,1998-06-25,1998-06-26,Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 441.,Senate,"Sen. Gorton, Slade [R-WA]",WA,R,G000333,3,"TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1998 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for: (1) commercial loss actions; (2) civil negligent entrustment actions; (3) negligence per se concerning firearms and ammunition; (4) any dramshop or third-party liability actions arising from the sale or provision of alcohol to intoxicated persons or minors; and (5) actions involving harm caused by either a tobacco product or breast implant. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the defendant proves that the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Requires reduction of damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer if the employer is immune under State law from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started. (Sec. 107) Sets forth an 18-year statute of repose for durable goods used in a trade or business. (Sec. 108) Sets forth a transitional one-year period after enactment of this Act during which a product liability action may be brought if the time limitations of this Act shorten the period during which such action could otherwise be brought pursuant to another provision of law. (Sec. 109) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 110) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm that is the subject of the action resulted from defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others. Limits punitive damage amounts to the lesser of $250,000 or double the amount of compensatory damages. (Sec. 111) Recognizes liability for punitive damages in certain claims relating to death. (Sec. 112) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without written notification to the insurer. Requires submission to the trier of fact of any allegation by the manufacturer or seller that the harm was the fault of the claimant's employer. Requires a court to reduce damages if it is found by clear and convincing evidence that the harm was so caused; but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1998 - Excludes from the term ""claimant,"" for this title, anyone who alleges harm caused by a silicone gel breast implant. (Sec. 204) Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. (Sec. 207) Cites circumstances under which the court, upon motion by a manufacturer or claimant, may implead a biomaterial supplier who has been dismissed from the action. Title III: Limitations on Applicability; Effective Date - Declares that U.S. district courts shall not have jurisdiction under this Act based on judicial code requirements relating to Federal questions, commerce and antitrust, and amounts in controversy.",2025-08-21T16:12:48Z, 105-s-2203,105,s,2203,Drug-free Workplace Act of 1998,Commerce,1998-06-23,1998-06-23,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Coverdell, Paul [R-GA]",GA,R,C000813,1,"Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt such programs, such as reductions in workers' compensation or unemployment insurance premiums, tax deductions, or liability limitations. Amends the Small Business Act to establish a drug-free workplace demonstration program, under which the Administrator of the Small Business Administration (SBA) may make grants to, and contracts or cooperative agreements with, eligible intermediaries to provide financial assistance to small businesses seeking to establish such a program. Sets forth intermediary eligibility requirements. Requires such a program to include: (1) a written policy, including prohibitions against substances in the workplace and violation consequences; (2) alcohol and drug abuse prevention training for employees; (3) employee drug testing; (4) employee access to an assistance program; and (5) continuing alcohol and drug abuse prevention assistance. Authorizes appropriations. Requires small business development centers to provide information and assistance to small businesses in developing drug-free workplace programs.",2025-08-21T16:14:43Z, 105-s-2207,105,s,2207,Antitrust Improvements Act of 1998,Commerce,1998-06-23,1998-10-13,Referred to Subcommittee on Antitrust and Business.,Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,0,"Antitrust Improvements Act of 1998 - Amends the Clayton Act to prohibit a large local telephone company (defined as a local telephone company that, as of the date of a proposed merger or acquisition (merger) covered by the Act, serves more than five percent of the telephone access lines in the United States), including any affiliate of such a company, from merging with or acquiring a controlling interest in another such company unless: (1) the Attorney General finds that the proposed merger will promote competition for telephone exchange services and exchange access services; and (2) the Federal Communications Commission (FCC) finds that each large local telephone company that is a party to the proposed merger, with respect to at least half of the access lines in each State served by that company of which at least half are residential access lines, has fully implemented requirements of the Communications Act of 1934 regarding interconnection (including duties of telecommunications and local exchange carriers) and regarding procedures for negotiation, arbitration, and approval of agreements, including FCC and State implementing regulations. Directs the Attorney General to report to specified congressional committees within ten days on the finding, including an analysis of the effect of the merger on competition in the U.S. telecommunications industry. Requires: (1) each large local telephone company or affiliate of such company proposing to merge with or acquire a controlling interest in another such company to file an application with both the Attorney General and the FCC on the same day; and (2) the Attorney General and the FCC to issue a decision regarding the application within the time period applicable to review of mergers under the Act. Vests jurisdiction in the U.S. district courts to prevent and restrain any such mergers that are inconsistent with the finding. Authorizes the Attorney General to institute proceedings in any U.S. district court in which the defendant resides, is found, or has an agent, and directs the court to order appropriate relief, if the Attorney General makes a finding that a proposed merger does not meet the applicable condition, or the FCC makes a finding that one or more of the parties to the merger do not meet specified requirements.",2026-01-07T14:11:22Z, 105-hr-4078,105,hr,4078,Women's Small Business Expansion Act of 1998,Commerce,1998-06-18,1998-06-25,Ordered to be Reported by Voice Vote.,House,"Rep. Velazquez, Nydia M. [D-NY-12]",NY,D,V000081,13,Women's Small Business Expansion Act of 1998 - Amends the Small Business Act to increase from $8 million to $9 million the annual authorization of appropriations for women's business center program projects.,2025-08-21T16:12:24Z, 105-hr-4086,105,hr,4086,To amend the Small Business Act to increase the authorized funding level for women's business centers.,Commerce,1998-06-18,1998-06-18,Referred to the House Committee on Small Business.,House,"Rep. Millender-McDonald, Juanita [D-CA-37]",CA,D,M000714,30,Amends the Small Business Act to increase for each of FY 1999 through 2001 the authorization of appropriations for women's business center program projects.,2025-01-02T17:50:43Z, 105-s-2190,105,s,2190,"A bill to authorize qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund, and for other purposes.",Commerce,1998-06-18,1998-06-18,Read twice and referred to the Committee on Banking.,Senate,"Sen. Kennedy, Edward M. [D-MA]",MA,D,K000105,13,"Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified non profit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources. Authorizes appropriations.",2025-01-14T18:20:21Z, 105-s-2191,105,s,2191,Madrid Protocol Implementation Act,Commerce,1998-06-18,1998-06-18,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,0,"Madrid Protocol Implementation Act - Amends the Trademark Act of 1946 to set forth the Madrid Protocol concerning the International Registration of Marks. (Sec. 2) Authorizes the owner of a basic application for mark registration pending before, or of a basic registration granted by, the Patent and Trademark Office who is a U.S. national, is domiciled in the United States, or has a real and effective industrial or commercial establishment in the United States to file an international application with the Office. Requires the Commissioner of Patents and Trademarks to certify that information contained in the international application corresponds to that in the basic application or registration and to transmit the application to the International Bureau of the World Intellectual Property Organization. Authorizes holders of international registrations based on U.S. registrations to request extensions of protection from the International Bureau or the Office. Entitles holders of international registrations to extensions of protection to the United States. Bars protection for an international registration if the Office is the office of origin. Entitles holders of such registrations to a right of priority under the Paris Convention for the Protection of Industrial Property, subject to certain conditions. Subjects requests for extension of protection to opposition. Bars extension of protection to any mark not registrable on the Principal Register. Grants extensions of protection for international registrations the same effect and validity as registrations on the Principal Register and extends corresponding rights and remedies to holders of such registrations. Cancels or invalidates an extension of protection to the United States for goods and services under an international registration that has been cancelled or is not renewed. Authorizes holders of cancelled international registrations to file applications for registration for a mark for cancelled goods and services with the Office (allowing transformation into a U.S. application). Requires an extension of protection to remain in force for the term of the international registration upon which it is based. Cancels protection unless the holder files an affidavit showing current use of the mark in commerce or nonuse based on special circumstances. Authorizes extensions of protection only to persons who are nationals of, or have other specified connections to, a country that is a Contracting Party or a member of an intergovernmental organization that is a Contracting Party to the Protocol. Requires an extension of protection to convey the same rights as an existing registration for the same mark if: (1) the extension and the existing registration are owned by the same person; (2) the goods and services listed in such registration are also listed in the extension; and (3) the certificate of extension is issued after the date of the existing registration.",2025-08-21T16:13:32Z, 105-s-2192,105,s,2192,A bill to make certain technical corrections to the Trademark Act of 1946.,Commerce,1998-06-18,1998-07-16,Placed on Senate Legislative Calendar under General Orders. Calendar No. 473.,Senate,"Sen. Hatch, Orrin G. [R-UT]",UT,R,H000338,0,"Makes technical amendments to the Trademark Act of 1946. Allows the refusal of a trademark, as well as a petition for cancellation of a trademark, on the ground that the mark comprises any matter that, as a whole, is functional. Subjects the registration of a trademark to the defense or defect that the mark is functional.",2025-07-21T19:32:26Z, 105-s-2193,105,s,2193,Trademark Law Treaty Implementation Act,Commerce,1998-06-18,1998-10-30,Became Public Law No: 105-330.,Senate,"Sen. Hatch, Orrin G. [R-UT]",UT,R,H000338,1,"TABLE OF CONTENTS: Title I: Trademark Law Treaty Implementation Title II: Technical Corrections Title III: Miscellaneous Provisions Title I: Trademark Law Treaty Implementation - Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. (Sec. 103) Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. (Sec. 104) Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. (Sec. 105) Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. (Sec. 106) Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. (Sec. 108) Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Title II: Technical Corrections - Makes various specified technical corrections to the Trademark Act of 1946. Title III: Miscellaneous Provisions - Amends the Trademark Act of 1946 to declare that nothing shall be deemed to prohibit a registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the registrant's certification standards. States that such uses shall not be grounds for cancellation of registration so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied. (Sec. 302) Directs the Commissioner of Patents and Trademarks to study and report to specified congressional committees on the issues surrounding the protection of the official insignia of federally and State recognized Native American tribes.",2025-07-21T19:32:26Z, 105-s-2157,105,s,2157,A bill to amend the Small Business Act to increase the authorized funding level for women's business centers.,Commerce,1998-06-11,1998-06-18,Star Print ordered on the bill.,Senate,"Sen. Cleland, Max [D-GA]",GA,D,C001034,23,Amends the Small Business Act to increase for each of FY 1999 through 2001 the authorization of appropriations for women's business center program projects.,2025-01-14T17:16:56Z, 105-s-2120,105,s,2120,Technology Transfer Commercialization Act of 1998,Commerce,1998-05-22,1998-09-30,Placed on Senate Legislative Calendar under General Orders. Calendar No. 668.,Senate,"Sen. Rockefeller, John D., IV [D-WV]",WV,D,R000361,1,"Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise requirements regarding enumerated authority under a cooperative research and development agreement to permit Government laboratories to grant licenses to federally owned inventions made before the signing of such agreements and directly related to the scope of the work under such agreements. Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 30 days' public notice and considered all comments received; and (2) the person requesting the license has supplied to the agency a basic business plan with development or commercialization milestones (provides for exempting small business firms from such requirement for non-exclusive licenses). Requires that a license application include the detailed description of the applicant's plan for development or marketing (or both) of the invention as a subdocument which is exempt from disclosure under the Freedom of Information Act and which includes only a statement on: (1) the resources required to bring the invention to practical application; (2) the applicant's capability and intention to fulfill the plan; (3) the fields of use for which the applicant intends to practice the invention; and (4) the geographic areas in which the applicant intends to use or sell the invention or to manufacture any product embodying the invention. Directs the Director of the Office of Science and Technology Policy to review the procedures used by Federal agencies to gather and consider the views of other agencies before final approval or disapproval of: (1) joint work statements with non-Federal entities operating Federal laboratories; or (2) cooperative research and development agreements involving national security or relating to projects which may have a significant impact on domestic or international competitiveness. Requires the Director to: (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness; and (2) establish and distribute to appropriate Federal agencies specific criteria to indicate the necessity for gathering and considering the views of other agencies and any additional procedures for carrying out such gathering and consideration. Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to the Government's acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Technology Innovation Act of 1980 relating to the distribution of royalties received by Federal agencies.",2025-04-07T13:48:03Z, 105-hr-3935,105,hr,3935,Fire Safe Cigarette Act of 1998,Commerce,1998-05-21,1998-06-05,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Moakley, John Joseph [D-MA-9]",MA,D,M000834,15,"Fire Safe Cigarette Act of 1998 - Directs the Consumer Product Safety Commission to promulgate within a specified time a fire safety standard for cigarettes, including a prohibition on stockpiling standard-exempt cigarettes. Prohibits the manufacture or import of cigarettes not in compliance with such standard. Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period.",2025-08-21T16:11:59Z, 105-hr-3891,105,hr,3891,Trademark Anticounterfeiting Act of 1998,Commerce,1998-05-19,1998-09-28,"On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 245 - 167 (Roll No. 470).",House,"Rep. Goodlatte, Bob [R-VA-6]",VA,R,G000289,0,"Trademark Anticounterfeiting Act of 1998 - Amends the Trademark Act of 1946 (Lanham Act) and the Federal criminal code to declare unlawful unauthorized modification of product identification codes, including: (1) specified acts of tampering with the product identification code of any good; and (2) importing, exporting, distributing, or brokering goods whose product identification codes have been tampered with. Excludes from such proscription certain actions relating to repackaging for resale. Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official.",2025-04-07T15:33:57Z, 105-hr-3853,105,hr,3853,Drug-Free Workplace Act of 1998,Commerce,1998-05-13,1998-09-25,Placed on Senate Legislative Calendar under General Orders. Calendar No. 656.,House,"Rep. Portman, Rob [R-OH-2]",OH,R,P000449,11,"Drug-Free Workplace Act of 1998 - Expresses the sense of the Congress that: (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives, such as tax deductions and reductions in premiums for workers' compensation and unemployment insurance, to encourage businesses to adopt such programs. Amends the Small Business Act to establish a drug-free workplace demonstration program under which the Small Business Administration (SBA) may make grants, cooperative agreements, or contracts to eligible intermediaries to provide financial and technical assistance to small businesses seeking to start a drug-free workplace program. Requires each program to include procedures to ensure privacy protection for participating employees. Directs the SBA Administrator to evaluate and report to the Congress on the drug-free workplace programs established under this Act. Authorizes appropriations for FY 1999 and 2000. Requires small business development centers to provide information and assistance to small businesses for establishing such programs on or before October 1, 2000. Authorizes the SBA Administrator to contract with and compensate government and private agencies or persons for the provision of services under this Act. Directs the SBA Administrator to study and report to the chairmen and ranking members of the congressional small business committees on workplace drug use at small businesses, the costs associated with such illegal drug use, and the need for assistance to such businesses to develop drug prevention programs.",2025-04-07T15:33:39Z, 105-hr-3831,105,hr,3831,Children's Sleepwear Safety Act of 1998,Commerce,1998-05-12,1998-05-26,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Andrews, Robert E. [D-NJ-1]",NJ,D,A000210,38,Children's Sleepwear Safety Act of 1998 - Requires the Consumer Product Safety Commission to issue a rule amending its Flammable Fabrics Act standards to revoke specified amendments to standards for the flammability of children's sleepwear. Declares that no statute or Executive order shall apply regarding the promulgation of the amendment prescribed by this Act.,2025-08-21T16:12:59Z, 105-hr-3847,105,hr,3847,"To prohibit certain transfers or assignments of franchises, and to prohibit certain fixing or maintaining of motor fuel prices, under the Petroleum Marketing Practices Act.",Commerce,1998-05-12,1998-05-26,Referred to the Subcommittee on Energy and Power.,House,"Rep. Wynn, Albert Russell [D-MD-4]",MD,D,W000784,0,"Amends the Petroleum Marketing Practices Act to prohibit the transfer or assignment of leased marketing premises during the franchise term unless the franchisor has first: (1) made a bona fide offer to the franchisee at least 45 days before the proposed transfer or assignment; or (2) offered the right of first refusal (of at least 45 days' duration) to the franchisee regarding an offer made by another to acquire the franchisor's interest in the premises. Declares that it shall be a violation of the Act for a refiner or distributor to fix or maintain motor fuel retail prices at a retail outlet supplied by that refiner or distributor, unless such outlet is also operated by the refiner or distributor.",2025-01-15T18:51:50Z, 105-s-2037,105,s,2037,Digital Millennium Copyright Act of 1998,Commerce,1998-05-06,1998-09-17,Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S10537),Senate,"Sen. Hatch, Orrin G. [R-UT]",UT,R,H000338,0,"TABLE OF CONTENTS: Title I: WIPO Treaties Implementation Title II: Internet Copyright Infringement Liability Title III: Computer Maintenance or Repair Title IV: Ephemeral Recordings; Distance Education; Exemption for Libraries and Archives Digital Millennium Copyright Act of 1998 - Title I: WIPO Treaties Implementation - WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 - Amends Federal copyright law to grant copyright protection to: (1) sound recordings that were first fixed in a treaty party (a country or intergovernmental organization other than the United States that is a party to specified international copyright and other agreements); and (2) pictorial, graphic, or sculptural works incorporated in a building or other structure or an architectural work embodied in a building located in the United States or a treaty party. Treats works published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party as first published in the United States or a treaty party for purposes of conferring protection. Provides that no works other than sound recordings shall be eligible for protection solely by virtue of U.S. adherence to the Geneva Phonograms Convention or the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Revises the definition of ""eligible country,"" for purposes of provisions regarding copyright in restored works, to include nations other than the United States that: (1) become World Trade Organization member countries after the date of enactment of the Uruguay Round Agreements Act; (2) are or become nations adhering to the Berne Convention; (3) adhere to the WIPO Copyright or Performances and Phonograms Treaties; or (4) become subject to a certain presidential proclamation of copyright restoration after such enactment date. Includes sound recordings in the definition of ""restored work"" if the source country for the work is an eligible country solely by its adherence to the WIPO Performances and Phonograms Treaty. (Sec. 103) Prohibits: (1) circumvention of technological protection measures that control access to protected works; or (2) manufacturing or trafficking in technology designed to circumvent measures that control access to, or protect rights of copyright owners in, such works. Provides exemptions to such prohibition for: (1) nonprofit libraries, archives, or educational institutions which gain access to a commercially exploited copyrighted work solely to make a good faith determination of whether to acquire such work, subject to certain conditions; (2) law enforcement and intelligence activities; and (3) purposes of achieving interoperability of computer programs. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines ""copyright management information"" as certain information, including title, name of author and copyright owner, and terms for use of the work, conveyed in connection with copies or phonorecords of a work or performances or displays, including in digital form. Provides exemptions to such prohibition for: (1) law enforcement and intelligence activities; and (2) certain analog and digital transmissions by radio or television stations or cable systems. Establishes civil remedies for violations regarding the circumvention of technological protection measures and copyright management information. Prescribes criminal penalties for willful violations committed for commercial advantage or private financial gain. Makes criminal penalties inapplicable to nonprofit libraries, archives, and educational institutions. Imposes a statute of limitations on criminal proceedings. (Sec. 105) Makes certain provisions of this title effective upon the entry into force of the WIPO Copyright and Performances and Phonograms Treaties. Title II: Internet Copyright Infringement Liability - Internet Copyright Infringement Liability Clarification Act of 1998 - Establishes limited liability for online copyright infringement for: (1) entities offering the transmission, routing, or providing of connections for digital online communications between points specified by a user of material of the user's choosing, without modification of the material; and (2) providers of online services or network access. Describes specific circumstances that provide for limited liability, including cases in which material is stored on service provider systems or networks or where users are linked to an online location containing infringing materials or activity by using information location tools. Makes liability limitations applicable only if a service provider has designated an agent to receive notifications of claimed infringement by making contact information available through its service and to the Copyright Office. Sets forth requirements for such notifications. Makes liable for damages persons who knowingly misrepresent that material or activity is infringing or that it was removed or disabled by mistake or misidentification. Absolves service providers of liability with respect to claims based on good faith disabling of access to, or removal of, material or activity claimed to be infringing regardless of whether the material or activity is ultimately determined to be infringing. Sets forth additional conditions to be met by service providers with respect to such activities that involve service subscribers. Makes liability limitations applicable only if a service provider: (1) implements and informs subscribers of a policy for terminating subscribers who are repeat infringers; and (2) accommodates and does not interfere with certain standard technical measures used by copyright owners to identify or protect copyrighted works. Describes conditions under which a court may grant injunctive relief with respect to service providers. (Sec. 204) Directs the Register of Copyrights (Register) to report to the Congress recommendations regarding the liability of nonprofit educational institutions for copyright infringement committed with the use of computer systems for which such institutions are service providers. Title III: Computer Maintenance or Repair - Provides that it is not a copyright infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program solely by activation of a machine that lawfully contains an authorized copy of the program for purposes only of maintenance or repair of that machine, provided: (1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and (2) any program or part thereof that is not necessary for machine activation is not accessed or used other than to make such new copy by activation of the machine. Title IV: Ephemeral Recordings; Distance Education; Exemption for Libraries and Archives - Expands certain limitations on exclusive rights with respect to ephemeral recordings to authorize licensed radio or television stations to make one copy or phonorecord of a broadcast of a performance of a sound recording in a digital format on a nonsubscription basis. (Sec. 402) Directs the Register to submit to the Congress recommendations on how to promote distance education through digital technologies while maintaining a balance between the rights of copyright owners and the needs of users. (Sec. 403) Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Prohibits copies or phonorecords reproduced in digital format from being distributed otherwise, or available to the public outside library or archive premises, in such format. Considers a format to be obsolete if the machine or device necessary to render perceptible a work stored in such format is no longer manufactured or reasonably available in the commercial marketplace.",2025-07-21T19:32:26Z, 105-hr-3723,105,hr,3723,"United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999",Commerce,1998-04-23,1998-11-10,Became Public Law No: 105-358.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,0,"United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 - Authorizes appropriations for FY 1999 for the Patent and Trademark Office. Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents.",2025-07-21T19:32:26Z, 105-s-1957,105,s,1957,Small Business Regulatory Assistance Act of 1998,Commerce,1998-04-03,1998-04-03,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Burns, Conrad R. [R-MT]",MT,R,B001126,12,"Small Business Regulatory Assistance Act of 1998 - Amends the Small Business Act to require each participating Federal agency (the Internal Revenue Service, Environmental Protection Agency, and Department of Labor), the Assistant Administrator for Small Business Development Centers of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Directs the Assistant Administrator to develop and publish guidelines for the establishment by SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses, with an exception concerning legal services. Requires annual reports from: (1) each SBDC to the Assistant Administrator on assistance provided; and (2) the Assistant Administrator to the House and Senate Small Business Committees and the Regulatory Fairness Board concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs, and recommendations for improvements in the regulation of small businesses participating in the system. Directs the Comptroller General to evaluate the system and submit findings to such Committees. Provides State funding limits for such assistance, with exceptions and an exemption from matching requirements. Prohibits the Assistant Administrator from providing any funds to an SBDC after September 30, 2000, unless such SBDC has been approved for funding under a certification requirement (with a waiver for a good faith effort to achieve such certification). Authorizes appropriations for FY 1999 through 2002.",2025-08-21T16:13:00Z, 105-hr-3681,105,hr,3681,Small Business Common Sense and Fairness Act of 1998,Commerce,1998-04-01,1998-04-01,Referred to the House Committee on Small Business.,House,"Rep. Riley, Bob [R-AL-3]",AL,R,R000258,3,"Small Business Common Sense and Fairness Act of 1998 - Directs the Administrator of the Small Business Administration (SBA) to review the size standards of industries with the Standard Industrial Classification Codes of 15, 16, and 17 which were excluded in the 1994 SBA inflationary adjustment and to adjust such standards for inflation for the purpose of deeming an enterprise in any such industry as a small business. Requires the Administrator, at least once every five years, to: (1) review and adjust for inflation such size standard for an enterprise deemed a small business for purposes of competing for Federal contracting opportunities based solely on annual revenues; and (2) report to the Congress and the President on findings and conclusions reached upon such review.",2025-08-21T16:13:27Z, 105-hr-3559,105,hr,3559,Antitrust Video Competition Improvement Act of 1998,Commerce,1998-03-26,1998-03-26,Referred to the House Committee on the Judiciary.,House,"Rep. Hyde, Henry J. [R-IL-6]",IL,R,H001022,16,"Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 (trusts in restraint of trade), 2 (monopolizing trade), or 3 (trusts in the Territories or the District of Columbia) of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has: (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person; and (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor.",2025-08-21T16:12:44Z, 105-s-1869,105,s,1869,A bill to authorize the establishment of a disaster mitigation pilot program in the Small Business Administration.,Commerce,1998-03-26,1998-03-26,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Cleland, Max [D-GA]",GA,D,C001034,4,"Amends the Small Business Act to authorize the Administrator of the Small Business Administration, during FY 1999 through 2003, to establish a pre-disaster mitigation pilot program for making loans to enable small businesses to install mitigation devices or take preventive measures to protect against disasters, in support of a formal mitigation program established by the Federal Emergency Management Agency, except that no such loan shall be extended to a small business unless it is otherwise unable to obtain credit for such purposes. Authorizes appropriations.",2025-04-07T13:47:53Z, 105-hr-3412,105,hr,3412,Year 2000 Readiness and Small Business Programs Restructuring and Reform Act of 1998,Commerce,1998-03-10,1998-10-01,Message on Senate action sent to the House.,House,"Rep. Talent, Jim [R-MO-2]",MO,R,T000024,1,"TABLE OF CONTENTS: Title I: Small Business Year 2000 Readiness Title II: Small Business Program Restructuring and Reform Title III: Small Business Environmental Assistance Pilot Program Year 2000 Readiness and Small Business Programs Restructuring and Reform Act of 1998 - Title I: Small Business Year 2000 Readiness - Amends the Small Business Act (the Act) to direct the Small Business Administration (SBA) to establish a pilot loan guarantee program under which the SBA shall guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including the repair or acquisition of information technology systems and other automated systems. Limits: (1) the loan amount for each participating small business to $50,000; and (2) the amount which is guaranteed by the SBA to 50 percent of the total loan received from a lender. (Sec. 103) Requires the SBA to notify the small business committees at least 30 days in advance of the initiation of any pilot program under the Act or a pilot program change that may affect the subsidy rate estimates for a loan program. Requires an annual report to such committees on each pilot program under which loans are guaranteed by the SBA. (Sec. 104) Includes assistance to small business concerns in meeting Year 2000 technology requirements as one of the purposes of the SBA loan program. Title II: Small Business Program Restructuring and Reform - Increases from $8 to $12 million, for FY 1999 and thereafter, the authorization of appropriations for the women's business center program. Repeals a provision concerning the terms of assistance to certain organizations under the program. Directs the Comptroller General (CG) to review the administration of such program and report review results to the small business committees. Requires a follow-up report from the CG. (Sec. 202) Amends provisions of the Act relating to the Small Business Innovative Research Program (SBIR) to: (1) direct the SBA to encourage Federal agencies to fund programs for the research and development of assistive and universally designed technology for the availability of new products for individuals with disabilities; (2) require existing Federal procurement outreach activities, including electronic commerce resource centers and technical assistance centers, to conduct program outreach activities for the SBIR program; and (3) repeal a provision which terminates the SBIR on October 1, 2000. (Sec. 203) Amends the Small Business Investment Act of 1958 to: (1) increase the funding levels for participating securities under the Small Business Investment Company (SBIC) program to $1 billion for FY 1999 and $1.2 billion for FY 2000; (2) remove a requirement that at least 50 percent of the annual program level of approved participating securities be reserved for funding with SBICs having private capital of not more than $20 million; (3) provide for the determination of an eligible small business or smaller enterprise that is not required to pay Federal income tax at the corporate level but that is required to pass income through to its shareholders or partners by using a specified formula to compute its after-tax income; and (4) require the SBA to issue SBIC guarantees and trust certificates at periodic intervals of not less than 12 (currently six) months. (Sec. 204) Directs the SBA to authorize certain qualifying State and local development companies to foreclose and liquidate loans in their portfolios that are funded with the proceeds of debentures guaranteed by the SBA under the Small Business Development Company (SBDC) program. Outlines development company qualification requirements. Requires a qualified development company to submit to the SBA a proposed liquidation plan, requiring SBA approval or denial within 15 business days. Authorizes such a company to submit a proposed workout plan (subject to the same 15-day time limit). Allows such a company to consider and approve compromise offers from obligors. Prohibits any action by a State or local development company that would result in a conflict of interest with any third party lender participating in the liquidation or foreclosure of the loan. Authorizes the SBA to suspend or revoke the authority of a qualified development company under appropriate circumstances. Directs the SBA to report annually to the small business committees on the results of the delegation to such companies of the authority to liquidate and foreclose such loans. Terminates the current SBA loan liquidation pilot program on the date on which final regulations implementing this section are promulgated. Makes the expansion of women-owned business development one of the goals of the SBDC program. (Sec. 205) Directs the SBA to submit annually to the small business committees a comprehensive report concerning the goal of increased participation in Federal procurement contracts by small businesses during the previous fiscal year, including those owned and controlled by socially and economically disadvantaged individuals and by women. Requires: (1) the use of data from the Federal Procurement System in preparing such reports; and (2) each report to include a detailed description and qualitative analysis of the procurement data submitted. Prohibits the SBA from issuing a waiver authorizing the head of a Federal agency to change the statistical methodology used for meeting its reporting requirements unless such waiver is accompanied by comments from the Chief Counsel for Advocacy regarding the appropriateness of the decision to issue such waiver. Amends the HUBZone Program under the Small Business Reauthorization Act of 1997 to include the Labor Department among the Federal agencies authorized to participate in such Program prior to September 30, 2000. (Sec. 206) Establishes in the SBA: (1) the position of Associate Administrator for Veterans Business Development; and (2) an Office of Veterans Business Development, to be administered by the Associate Administrator. Establishes the Advisory Committee on Veterans Business Affairs to serve as an independent source of advice and policy recommendations to the SBA Administrator, the Congress, and the President. Directs the Administrator to enter into a memorandum of understanding with the Service Corps of Retired Executives (SCORE) for the appointment by SCORE of a National Veterans Business Coordinator, who shall establish and administer entrepreneurial counseling and training to veterans through SCORE chapters in the United States. Requires notification of the availability of such services through a toll-free telephone number and an Internet website. Directs the Administrator, beginning in the year 2000, to report annually to the small business committees on the needs of small businesses owned and controlled by veterans and service-disabled veterans. Authorizes appropriations. Requires the SBA's Office of Advocacy to evaluate Federal and private efforts to assist small businesses owned by veterans and service-disabled veterans and to make appropriate recommendations to the Administrator and the Congress. Adds the provision of assistance to veterans to authorized purposes and activities under the Microloan Program. (Sec. 207) Repeals provisions concerning the payment of accrued interest with respect to SBA-guaranteed small business loans. (Sec. 208) Authorizes the SBA, during FY 1999 through 2003, to establish a pre-disaster mitigation program to make loans to enable small businesses to install mitigation devices or to take preventive measures against disasters, in support of a formal mitigation program established by the Federal Emergency Management Agency. Prohibits such a loan unless the SBA finds that the small business is otherwise unable to obtain credit for such purposes. Authorizes appropriations during the above fiscal years. Directs the Administrator to report to the small business committees on the effectiveness of the mitigation program. (Sec. 209) Amends the Microloan Program to repeal the current per-State limit on allocable funds. Requires its loan loss reserve fund to be maintained at a level equal to not more than 15 percent of the outstanding balance of the microloans owed to the intermediary, but allows such fund to be reduced below such level if the intermediary can demonstrate to the Administrator, after a five-year demonstration period, that the average loan loss rate during such period is less than 15 percent, and the Administrator determines that no other factors are likely to impair the intermediary's ability to repay all obligations owed to the SBA. Directs the Administrator to then reduce such rate accordingly, except that such rate cannot be reduced to less than ten percent of the outstanding balance of the microloans owed to such intermediary. (Sec. 210) Revises appraisal standards relating to certain SBA-guaranteed loans to provide that, if a loan involves the use of more than $250,000 for a real estate transaction, then the Administrator, prior to loan disbursement, shall require a real estate appraisal by a State licensed or certified appraiser. Requires a lender to obtain an appraisal from a licensed or certified appraiser for loans of less than $250,000 if the lender requires such appraisals for similar unguaranteed loans. (Sec. 211) Authorizes the Administrator to enter into one or more contracts with developmental organizations to carry out training and research activities to prepare community development venture capital organizations (organizations investing in the development of low-income communities) for such ventures. Authorizes the Administrator to provide grants to: (1) the developmental organizations for such training and research; and (2) intermediary organizations to promote intensive marketing, management, and technical assistance and training for the venture capital organizations. Requires grant amounts to be matched by non-Federal sources. Authorizes appropriations for FY 1999 through 2002. Title III: Small Business Environmental Assistance Pilot Program - Establishes the Advisory Committee on Small Business Environmental Assistance Programs to provide advice and recommendations to the SBA, the Administrator of the Environmental Protection Agency (EPA), and the Congress on the enhancement of existing programs designed to improve the environmental performance of small businesses. Requires the Advisory Committee to report to the SBA, the EPA Administrator, and the small business committees on the strategy developed to enhance such programs, as well as recommendations for pilot programs that would implement such strategy. Directs the CG to submit to the small business committees an evaluation of the pilot program. Terminates the Advisory Committee after submission of its report. Requires the SBA, 90 days after such report is submitted, to publish in the Federal Register a notice of the demonstration program established to implement the above strategy. Requires such notice to include application requirements for small business development centers seeking to participate in the program. Outlines selection requirements, and directs the SBA to make a grant to the center chosen. Limits such grant to $400,000 for any fiscal year, with an exception. Authorizes appropriations for FY 1999 through 2003 for activities under this title. Limits administrative, evaluation, and reporting costs. Requires the designation of an SBA employee to assist in administering the pilot program on a full-time basis.",2025-04-07T15:33:50Z, 105-s-1727,105,s,1727,A bill authorize the comprehensive independent study of the effects on trademark and intellectual property rights holders of adding new a generic top-level domains and related dispute resolution procedures.,Commerce,1998-03-06,1998-10-09,Sponsor introductory remarks on measure. (CR S12155),Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,1,"Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short- and long-term effects on trademark rights of adding new generic top-level domains and related dispute resolution procedures. Describes matters to be assessed by the study and requires the study to make recommendations for policy, practice, or legislative changes. Directs: (1) the Council to submit interim and final reports to the Secretary; and (2) the Secretary to submit such reports to specified congressional committees. Authorizes appropriations.",2025-07-21T19:32:26Z, 105-s-1715,105,s,1715,Stabilizing Workforce and Towns Act of 1998,Commerce,1998-03-05,1998-04-21,Referred to Subcommittee on Oversight of Government Management.,Senate,"Sen. Johnson, Tim [D-SD]",SD,D,J000177,1,"Stabilizing Workforce and Towns Act of 1998 - Directs the Secretary of Commerce, in consultation with the President's Economic Adjustment Committee, to ensure that a Stabilizing Workforce and Towns Team (SWAT Team) is mobilized and that such team travels to a community in need after an application for assistance is received by the Secretary. Provides for such application to be submitted by the Governor of the State in which the community that is requesting assistance is located and to contain such information as the Secretary may require in order to determine whether the area is a community in need. Lists the Federal agencies from which members (and additional members) of the SWAT Team shall be composed. Requires the SWAT Team to: (1) establish operations in the community in need and maintain such operations for a minimum of five days; (2) provide to residents of such community information and materials that describe all relevant Federal assistance programs available and the process for applying for such assistance, and to make available the applications for such assistance; (3) provide information to such residents on additional resources available to them to address their economic needs; and (4) designate a SWAT Team member as a liaison to such community to continue advising the community on the long-term recovery of the community. Defines the term ""community in need"" to mean an area that the Secretary determines is experiencing a sudden and severe dislocation because of the closure or significant downsizing of a plant or industry in the area. Requires the SWAT Team, not later than 60 days after the completion of a SWAT Team response in a community in need, to submit a report to the Congress, such community's congressional delegation, and the President's Economic Adjustment Committee containing a description of the assistance provided by the Team, recommendations regarding assistance to be provided by Teams in future responses, information on the long-term recovery plan for the community in need, and any other information on the provision of Federal assistance to communities in need, including community applications for Federal assistance that the team determines to be appropriate. Directs the Secretary to maintain all SWAT Team reports in a centralized location and make such reports available to the public.",2025-08-21T16:13:42Z, 105-s-1720,105,s,1720,Copyright Compulsory License Improvement Act,Commerce,1998-03-05,1998-10-01,Placed on Senate Legislative Calendar under General Orders. Calendar No. 670.,Senate,"Sen. Hatch, Orrin G. [R-UT]",UT,R,H000338,6,"Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to that station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day thereafter, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. Restricts the use of the subscriber information for purposes other than monitoring compliance by the satellite carrier. Applies the submission requirements to a satellite carrier only if the station to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. Precludes any royalty obligation for such secondary transmission. States that noncompliance with such reporting requirements by a satellite carrier into the local market of a television broadcast station of a primary transmission made by that television broadcast station is actionable as an act of infringement and fully subject to copyright remedies. Applies such infringement and copyright remedies to a satellite carrier, who provides such secondary transmission, if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such willful or repeated transmission is made to a subscriber who does not reside in that television broadcast station's local market and is not subject to statutory licensing, with exceptions. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Provides that the satellite carrier shall bear the burden of proof in any action brought under this Act. Makes the statutory license created by this Act applicable to secondary transmissions to locations in the United States, and any commonwealth, territory, or possession of the United States. States that no provisions of copyright law or any other law (other than this Act and provisions relating to secondary transmissions of superstations and network stations for private home viewing) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary transmission made by a television broadcast station may be made without obtaining the consent of the copyright owner. (Sec. 3) Amends the Satellite Home Viewer Act of 1994 (the Act) to extend until December 31, 2003, the effect of amendments to such Act relating to statutory licenses for satellite carriers. (Sec. 4) Sets forth a transition provision which declares that a satellite carrier shall not be required to terminate service of a network station to a subscriber until February 28, 1999. (Sec. 5) Revises the formula used to compute the rate of royalty fees in effect on January 1, 1998, to be deposited with the Register of Copyright by satellite carriers by reducing the rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed. (Sec. 6) Modifies the definition of ""unserved household"" to eliminate the 90-day waiting period for satellite subscribers to wait after termination of their cable service until they are eligible for satellite service of network signals. Adds a definition of ""local station network."" (Sec. 7) Subjects a copyrighted programming carried upon the PBS's national satellite feed to copyright statutory licensing provisions. Conditions such license, after January 1, 2001, or the date on which local transmissions of broadcast signals are offered to the public, whichever is earlier, on the PBS's annual certifications to the Copyright Office that PBS's membership supports the secondary transmission of the PBS satellite feed, and providing notice to the satellite carrier of such certification. Defines ""Public Broadcasting Service satellite feed"" as the national satellite feed distributed by the PBS consisting of educational and informational programming intended for private home viewing, to which the PBS holds national terrestrial broadcast rights. (Sec. 8) what is permissible under the Federal Communications Commission's rules, regulations, and authorizations. (Sec. 9) Makes this Act and the amendments made by this Act effective on January 1, 1999, except that a transition provision shall take effect on the date of enactment of this Act.",2025-07-21T19:32:26Z, 105-hr-3209,105,hr,3209,On-Line Copyright Infringement Liability Limitation Act,Commerce,1998-02-12,1998-02-26,Forwarded by Subcommittee to Full Committee by Voice Vote.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,1,"On-Line Copyright Infringement Liability Limitation Act - Amends Federal copyright law to exempt an on-line material provider from liability for direct infringement, based solely on the intermediate storage and transmission of material over such provider's network, if: (1) the transmission was initiated by another person; (2) the storage and transmission is carried out through an automatic technological process, without any selection of that material by the provider; and (3) any copy of such material is not retained longer than necessary to carry out that transmission. Exempts such a provider from liability for monetary relief for contributory infringement or vicarious liability based solely on the above conduct or on the transmission or provision of access to such material over the provider's system or network if the provider: (1) does not know of information indicating that the material is infringing; and (2) does not receive a financial benefit directly attributable to the infringing activity. Exempts a provider from any claim based on such provider's removing or disabling on-line access to material in response to knowledge or information that such material is infringing, whether or not such material is in fact an infringement. Makes liable for damages any person who knowingly materially misrepresents that on-line material is an infringement.",2025-08-21T16:13:36Z, 105-hr-3210,105,hr,3210,Copyright Compulsory License Improvement Act,Commerce,1998-02-12,1998-04-01,Subcommittee Hearings Held.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,0,"Copyright Compulsory License Improvement Act - Amends Federal copyright law to revise provisions regarding limitations on exclusive rights and secondary transmissions of superstations and network stations for private home viewing. Replaces such provisions with provisions that make certain secondary transmissions by satellite carriers of primary transmissions made by television broadcast stations licensed by the Federal Communications Commission (FCC) or the Public Broadcasting Service (PBS) satellite feed that embody a performance or display of a work subject to statutory licensing. Makes conforming changes to apply to such satellite carriers certain provisions regarding the submission of subscriber lists and penalties for noncompliance with accounting and royalty requirements, willful alterations of programming, and unlawful discrimination against distributors. (Sec. 3) Revises provisions regarding the deposit of a statement of accounts and royalty fees by such satellite carriers to make submitted information apply to television broadcast stations whose signals were retransmitted and the PBS satellite feed (currently, to superstations and network stations). Retains existing provisions regarding the investment of fees and the persons to whom the fees are distributed. Requires claims for statutory licensing fees to be submitted to, and determinations of controversy to be made by, the Copyright Royalty Adjudication Board, an entity established by this Act (currently, by the Librarian of Congress). (Sec. 4) Revises and adds certain definitions to reflect changes made by this Act. Defines ""secondary transmission"" as the further transmitting of a primary transmission simultaneously with the primary transmission. (Sec. 5) Provides that no other law or copyright provision shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers for private home viewing of programming contained in a primary transmission may be made without obtaining the copyright owner's consent. (Sec. 7) Replaces provisions regarding copyright arbitration royalty panels with those establishing the Copyright Royalty Adjudication Board within the Copyright Office, to consist of administrative copyright judges. Grants the Board independence in reaching its determinations concerning the adjustment of copyright royalty rates, the distribution of copyright royalties, the acceptance or rejection of royalty claims and rate adjustment petitions, and such rulemaking functions as delegated. Sets forth factors for determining royalty fees and provisions regarding the institution and conduct of proceedings by the Board. Transfers certain authorities of the Librarian of Congress with respect to such proceedings to the Board. Applies existing language regarding judicial review to Board decisions on rate adjustments or royalty distributions. (Sec. 8) Continues certain existing proceedings for which a copyright arbitration royalty panel has been convened. (Sec. 9) Removes a provision which allows certain copyright owners or public broadcasting entities to submit to the Librarian proposed licenses covering the terms and rates of royalty payments and the division of fees among owners with respect to the use of works in noncommercial broadcasting. Extends the deadline for concluding the initial procedure for negotiations and agreements between such parties to December 31, 2002. Removes a provision which allows owners of copyright in nondramatic literary works and public broadcasting entities to agree among themselves during the course of voluntary negotiations to the terms and rates of royalty payments without liability under the antitrust laws. Replaces certain provisions which permit arbitration of disputes between copyright owners and manufacturers, importers, or distributors of digital audio recording or digital audio interface devices with those that require adjudication of such disputes by the Board. (Sec. 11) Amends the Communications Act of 1934 to expand the list of retransmissions exempt from a prohibition on retransmission of broadcasting station signals by cable systems or other multichannel video programming distributors to include the retransmission: (1) of the signal of a superstation by a satellite carrier to subscribers for private home viewing if the originating station was a superstation on January 1, 1998; (2) of the signal of a station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna if the household receiving the signal is located in an area in which such station may not assert its rights not to have its signal duplicated under FCC network nonduplication regulations; or (3) by a cable operator or multichannel video programming distributor of a superstation signal if such signal was obtained from a satellite carrier and the originating station was a superstation on January 1, 1998 (currently, May 1, 1991). (Sec. 12) Requires satellite carriers providing direct to home service of a television broadcast station to subscribers located within the local market of such station to carry all such stations located within that local market. Provides that a carrier shall not be required to carry local station signals that substantially duplicate the signal of another local station which is secondarily transmitted by the carrier or to carry the signals of more than one local station affiliated with a particular broadcast network. Bars satellite carriers from accepting or requesting monetary payment or other valuable consideration in exchange for carriage of such stations or for channel positioning rights provided to such stations. Establishes remedies for local stations that believe a carrier has failed to meet obligations under this Act, including the filing of complaints with the FCC. (Sec. 13) Directs the FCC to establish regulations that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to the retransmission of broadcast signals by satellite carriers to subscribers for private home viewing. Requires such regulations to allow a television broadcast station in any local market to assert nonduplication rights against: (1) a satellite carrier throughout the local market if such carrier retransmits the signal of another station within such market to subscribers; or (2) all satellite carriers within the zone in which the station may be received over-the-air, using conventional consumer television receiving equipment (but such zone shall not extend beyond such local market). Provides that until such regulations are established, the current statutory license for secondary transmissions of primary transmissions of programming contained in a primary transmission made by a network station shall be limited to secondary transmissions to persons who reside in unserved households, notwithstanding the amendments to statutory license provisions made by this Act.",2025-08-21T16:14:55Z, 105-hr-3163,105,hr,3163,Trade Dress Protection Act,Commerce,1998-02-05,1998-02-12,Subcommittee Hearings Held.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,0,"Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected (except as expressly excluded by existing law) without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing; and (2) is capable of distinguishing the applicant's goods or services. Defines ""trade dress"" as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines ""functional,"" with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection.",2025-08-21T16:13:32Z, 105-hr-3119,105,hr,3119,To amend the Trademark Act of 1946 with respect to the dilution of famous marks.,Commerce,1998-01-28,1998-05-21,Subcommittee Hearings Held.,House,"Rep. Blunt, Roy [R-MO-7]",MO,R,B000575,0,"Amends the Trademark Act of 1946 to provide that ownership by a person of a valid trademark registration shall be a complete bar to civil action to prevent trademark dilution against such person if the action is commenced more than 365 days after the registration date or 365 days after the person began to use the mark or trade name in commerce, whichever is later.",2025-04-07T15:23:55Z, 105-hr-3048,105,hr,3048,Digital Era Copyright Enhancement Act,Commerce,1997-11-13,1997-11-24,Referred to the Subcommittee on Courts and Intellectual Property.,House,"Rep. Boucher, Rick [D-VA-9]",VA,D,B000657,53,"Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines ""copyright management information"" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.",2025-08-21T16:11:41Z, 105-hr-3060,105,hr,3060,Rent-To-Own Reform Act of 1997,Commerce,1997-11-13,1997-12-13,Referred to the Subcommittee on Financial Institutions and Consumer Credit.,House,"Rep. Kennedy, Joseph P., II [D-MA-8]",MA,D,K000110,15,"Rent-To-Own Reform Act of 1997 - Amends the Consumer Credit Protection Act to designate a new title X as the Rent-To-Own Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance. Sets forth requirements regarding: (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties. Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act. Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract. Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer. Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Subjects sellers who violate the requirements of this Act to civil liability.",2025-08-21T16:15:00Z, 105-hr-2954,105,hr,2954,Federal Fair Franchise Practices Act of 1997,Commerce,1997-11-08,1998-06-26,Referred to the Subcommittee on Commercial and Administrative Law.,House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,0,"Federal Fair Franchise Practices Act of 1997 - Prohibits any person, in connection with the advertising, offering, sale, or promotion of any franchise, from: (1) employing a device, scheme, or artifice to defraud; (2) engaging in an act, practice, course of business, or pattern of conduct which operates or is intended to operate as a fraud upon any prospective franchisee; (3) obtaining property, or assisting others in so doing, by negligently making an untrue statement of a material fact or any failure to state a material fact; and (4) discriminating among prospective franchisees on the basis of race, sex, religion, disability, or national origin. (Sec. 4) Prohibits any franchisor or subfranchisor, in connection with the performance, enforcement, renewal, and termination of any franchise agreement, from: (1) engaging in an act, practice, course of business, or pattern of conduct which operates as a fraud upon any person; (2) discriminating among franchisees on the basis of race, sex, religion, disability, or national origin; (3) hindering or prohibiting the free association of franchisees for any lawful purpose, including the formation of or participation in any trade association made up of franchisees; and (4) discriminating against a franchisee by imposing requirements not imposed on other similarly situated franchisees or otherwise retaliating against any franchisee for membership or participation in a franchisee association. Prohibits a franchisor from: (1) terminating a franchise agreement prior to its expiration without good cause; (2) prohibiting a franchisee from obtaining equipment, fixtures, supplies, or services used in the business licensed by the franchise agreement from sources of the franchisee's choosing, with exceptions; and (3) prohibiting, or enforcing a prohibition against, a franchisee from engaging in any business at any location after the expiration (or termination for good cause) of a franchise agreement. (Sec. 5) Sets forth provisions concerning: (1) minimum standards of conduct (good faith, due care, and limited fiduciary duty) for each party to a franchise agreement; (2) a prohibition against requiring the inclusion of a franchise agreement term or condition which violates this Act or relieves a person from a duty or liability under this Act; (3) a prohibition against the waiver from compliance with this Act; (4) legal actions brought by persons injured or damaged by violations; (5) the right to arbitration or mediation in lieu of a legal action; (6) authorized legal actions by State attorneys general on behalf of State residents for alleged violations; and (7) the obligation to comply with all applicable State franchising laws to the extent not inconsistent with this Act.",2025-08-21T16:12:18Z, 105-hr-2882,105,hr,2882,Fairness and Voluntary Arbitration Act of 1998,Commerce,1997-11-07,1997-11-18,Referred to the Subcommittee on Commercial and Administrative Law.,House,"Rep. Bono, Sonny [R-CA-44]",CA,R,B000622,15,"Fairness and Voluntary Arbitration Act of 1998 - Requires each party to a sales and service contract that provides for the use of arbitration in resolving controversies to have the option to reject arbitration as the means of settling a controversy. Requires the arbitrator, whenever arbitration is elected to settle a dispute under such a contract, to provide the parties with a written explanation of the factual and legal basis for the award.",2025-08-21T16:13:56Z, 105-hr-2696,105,hr,2696,Vessel Hull Design Protection Act,Commerce,1997-10-22,1998-03-19,Received in the Senate and read twice and referred to the Committee on Judiciary.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,1,"Vessel Hull Design Protection Act - Amends Federal copyright law to provide for protection of original designs of vessel hulls which make a vessel attractive or distinctive in appearance to the purchasing or using public. Bars protection for designs that are: (1) not original; (2) staple or commonplace; (3) dictated solely by a utilitarian function of the article that embodies them; or (4) embodied in a useful article that was made public by the designer or owner more than one year before the date of application for registration. Provides for ten-year terms of protection. Sets forth marking and design notice requirements for protected designs. Bars recovery against persons who began undertakings leading to infringement before receiving notice. Places the burden of providing notice of protection on design owners. Grants owners of protected designs exclusive rights to make, have made, import, sell, or distribute for sale or for use in trade any useful article embodying protected designs. Makes it infringement to engage in such activities with respect to infringing articles without an owner's consent. Provides that it shall not be infringement to: (1) engage in certain activities with respect to protected designs without knowledge; or (2) reproduce a protected design solely for purposes of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design or the functions of the useful article embodying the design. Places the burden of establishing a design's originality on the party alleging rights in a design. Provides that protection shall be lost if application for design registration is not made within two years after the date on which the design is first made public. Sets forth registration application requirements. Accords protection to designs with respect to which an application was filed by a U.S. owner in a foreign country on the date as filed if the U.S. application is filed within six months after the earliest date on which such foreign application was filed. Sets forth provisions regarding: (1) determinations of registrations and procedures for cancelling registrations in cases where a party believes he or she may be damaged by registration; and (2) ownership and transfer of property rights of protected designs. Authorizes design owners to seek judicial review of final refusals of the Register of Copyrights to register designs. Permits the use of arbitration to resolve infringement disputes. Authorizes injunctive relief to prevent infringement. Provides for recovery of damages or the infringer's profits in infringement cases. Sets a three-year statute of limitations with respect to recovery for infringement. Authorizes the court to order or cancel registrations. Prescribes penalties for the filing of infringement actions with respect to fraudulently-obtained registrations or making false markings or representations. Directs the Secretary of the Treasury and the Postal Service to issue regulations for the enforcement of exclusive rights with respect to importation of protected designs. Subjects articles imported in violation of such rights to seizure and forfeiture. Terminates protection under this Act upon issuance of a design patent with respect to an original design. Grants the U.S. district courts jurisdiction over actions arising under this Act.",2025-07-21T19:32:26Z, 105-hr-2652,105,hr,2652,Collections of Information Antipiracy Act,Commerce,1997-10-09,1998-05-20,Received in the Senate and read twice and referred to the Committee on Judiciary.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,5,"Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity or to computer programs. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the investment of resources that qualified the information for protection.",2025-07-21T19:32:26Z, 105-hr-2589,105,hr,2589,Copyright Term Extension Act,Commerce,1997-10-01,1998-03-26,Received in the Senate and read twice and referred to the Committee on Judiciary.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,12,"TABLE OF CONTENTS: Title I: Copyright Term Extension Title II: Music Licensing Title I: Copyright Term Extension - Sonny Bono Copyright Term Extension Act - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. (Sec. 102) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002. Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured. Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured. (Sec. 103) Revises provisions regarding termination of certain transfers and licenses granted by the author or covering extended renewal terms to provide that if the author's widow, widower, children, and grandchildren are not living, the author's executor, administrator, personal representative, or trustee shall own the author's entire termination interest. (Sec. 104) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. (Sec. 105) Expresses the sense of the Congress that owners of copyrights for audiovisual works for which the term of copyright protection is extended by the amendments made by this title, and the screenwriters, directors, and performers of those audiovisual works, should negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements regarding the establishment of a fund or other mechanism for the amount of remuneration to be divided among the parties for the exploitation of those audiovisual works. (Sec. 106) Sets forth provisions regarding the assumption of certain contractual obligations with respect to the transfer of copyright ownership in motion pictures that are produced subject to collective bargaining agreements. Title II: Music Licensing - Fairness in Musical Licensing Act of 1998 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the public reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement if: (1) the rooms or areas within the establishment where the transmission is intended to be received by the general public are less than 3,500 square feet, excluding space for customer parking; (2) the areas exceed such square footage limitation but only a limited number of speakers or audio visual devices are employed; (3) no direct charge is made to see or hear the transmission; (4) the transmission is not further transmitted beyond the establishment where it is received; and (5) the transmission is licensed. Excludes as a copyright infringement the performance of a nondramatic musical work by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance. (Sec. 203) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 204) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.",2025-07-21T19:32:26Z, 105-hr-2544,105,hr,2544,Technology Transfer Commercialization Act of 1998,Commerce,1997-09-25,1998-07-15,Received in the Senate and read twice and referred to the Committee on Commerce.,House,"Rep. Morella, Constance A. [R-MD-8]",MD,R,M000941,5,"Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise requirements regarding enumerated authority under a cooperative research and development agreement to permit Government laboratories to grant licenses to federally owned inventions made before the licenses were granted and directly related to the scope of the work under such agreements. Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferrable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received (exempts from such notice requirement the licensing of inventions made under a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act); and (2) the person requesting the license has supplied to the agency a basic business plan with development or commercialization milestones, or both. Requires any such basic business plan and any licensed invention utilization report submitted by a licensee to be treated by a Federal agency as commercial and financial information that is not subject to disclosure under the Freedom of Information Act. Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to the Government's acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Technology Innovation Act of 1980 relating to the distribution of royalties received by Federal agencies. Requires the Director of the Office of Science and Technology Policy to review the general policies and procedures used by Federal agencies to gather and consider the views of other agencies on joint work statements with non-Federal entities operating Federal laboratories, or cooperative research and development agreements, with respect to major proposed cooperative research and development agreements that involve critical national security technology or that may have a significant impact on domestic or international competitiveness. Requires the Director to determine the adequacy of existing procedures for interagency coordination and awareness and to distribute to appropriate Federal agencies: (1) specific criteria to indicate the necessity for considering the views of other agencies on joint work statements or cooperative research and development agreements; and (2) additional procedures for carrying out such consideration.",2025-04-07T15:34:08Z, 105-hr-2554,105,hr,2554,Equal Surety Bond Opportunity Act,Commerce,1997-09-25,1997-10-03,Referred to the Subcommittee on Commercial and Administrative Law.,House,"Del. Norton, Eleanor Holmes [D-DC-At Large]",DC,D,N000147,8,Equal Surety Bond Opportunity Act - Prohibits any surety from discriminating against any applicant based upon specified factors. Establishes: (1) civil liability for violation of this Act; and (2) administrative enforcement procedures.,2025-08-21T16:11:42Z, 105-sconres-52,105,sconres,52,"A concurrent resolution relating to maintaining the current standard behind the ""Made in USA"" label, in order to protect consumers and jobs in the United States.",Commerce,1997-09-11,1997-09-11,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Hollings, Ernest F. [D-SC]",SC,D,H000725,24,"Declares that the Congress: (1) maintains that the standard for the ""Made in USA"" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.",2025-04-07T13:47:49Z, 105-hr-2429,105,hr,2429,To reauthorize the Small Business Technology Transfer Program through fiscal year 2000.,Commerce,1997-09-08,1997-09-23,"Reported (Amended) by the Committee on Science. H. Rept. 105-259, Part I.",House,"Rep. Sensenbrenner, F. James, Jr. [R-WI-9]",WI,R,S000244,8,"Amends the Small Business Act to: (1) direct the Small Business Administration (SBA) to report annually to the Senate Committee on Science on the Small Business Innovative Research (SBIR) program and the Small Business Technology Transfer (SBTT) program; (2) specify that only ideas designed to meet agency program needs are to receive SBTT Phase II awards; (3) reauthorize the SBTT program through FY 2000; (4) direct each Federal agency establishing an SBTT program to submit a section on its program in its annual performance plan to specified congressional committees and to collect data from awardees to assess SBTT outputs and outcomes; (5) direct the SBA Administrator to develop and implement an outreach program to encourage increased SBTT participation by small businesses, universities, and other research institutions located in States in which the total number of SBTT awards for the previous two fiscal years is less than 20; and (6) require the SBIR and SBTT programs to be included by Federal agencies in any strategic plan updates and revisions required by the Government Performance and Results Act.",2025-04-07T15:34:08Z, 105-hr-2389,105,hr,2389,National Women's Business Council Reauthorization Act of 1997,Commerce,1997-09-03,1997-09-03,Referred to the House Committee on Small Business.,House,"Rep. Millender-McDonald, Juanita [D-CA-37]",CA,D,M000714,0,National Women's Business Council Reauthorization Act of 1997 - Amends the Women's Business Ownership Act of 1988 to increase and extend through FY 2000 the authorization of appropriations under such Act. Directs the National Women's Business Council to: (1) study and report to the small business committees and the President on the award of Federal prime contracts and subcontracts to women-owned small businesses; (2) submit a report on the best practices of Federal agencies and the private sector in attracting women-owned businesses as prime contractors and subcontractors; (3) develop and disseminate to women business owners an annual survey to determine issues of significance to such owners; and (4) submit survey results to such committees and the President. Authorizes appropriations for FY 1998 through 2000 for such activities.,2025-08-21T16:12:57Z, 105-s-1146,105,s,1146,Digital Copyright Clarification and Technology Education Act of 1997,Commerce,1997-09-03,1998-03-11,Sponsor introductory remarks on measure. (CR S1770-1771),Senate,"Sen. Ashcroft, John [R-MO]",MO,R,A000356,0,"TABLE OF CONTENTS: Title I: Digital Copyright Clarification Title II: Technology for Teachers and Librarians Title III: WIPO Treaty Implementation Digital Copyright Clarification and Technology Education Act of 1997 - Title I: Digital Copyright Clarification - Amends Federal copyright law to absolve a person of liability for direct, vicarious, or contributory copyright infringement arising out of: (1) providing electronic communications network services or facilities with respect to infringement by a user; (2) supplying a private electronic communication for which such person lacks the technical ability or authority to access or disclose such communication to a third party or supplying real-time communication formats; or (3) supplying a user of network services or facilities with a site-linking aid or directory, a navigational aid, or the tools for creating a site-linking aid. Absolves a person of such liability with respect to material residing on a system or network used in conjunction with electronic communications that is controlled by such person unless the person receives notice that particular material is infringing and fails to remove, disable, or block access to the material for ten days or until receiving a court order, whichever is less. Makes persons who materially misrepresent that material on-line is infringing liable for damages. Title II: Technology for Teachers and Librarians - Technology for Educators and Children (TECh) Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Title III: WIPO Treaty Implementation - Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines ""copyright management information"" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies so altered with the intent to induce infringement. Establishes civil remedies with respect to violations under this title.",2025-08-21T16:14:45Z, 105-s-1139,105,s,1139,Small Business Reauthorization Act of 1997,Commerce,1997-08-19,1997-12-02,Became Public Law No: 105-135.,Senate,"Sen. Bond, Christopher S. [R-MO]",MO,R,B000611,0,"TABLE OF CONTENTS: Title I: Authorizations Title II: Financial Assistance Subtitle A: Microloan Program Subtitle B: Small Business Investment Company Program Subtitle C: Certified Development Company Program Subtitle D: Miscellaneous Provisions Title III: Women's Business Enterprises Title IV: Competitiveness Program and Procurement Opportunities Subtitle A: Small Business Competitiveness Program Subtitle B: Small Business Procurement Opportunities Program Title V: Miscellaneous Provisions Title VI: Hubzone Program Title VII: Service Disabled Veterans Small Business Reauthorization Act of 1997 - Title I: Authorizations - Amends the Small Business Act (the Act) to authorize appropriations and provide funding levels for FY 1998 through 2000 for various programs under the Act and the Small Business Investment Act of 1958 (SBIA). Title II: Financial Assistance - Subtitle A: Microloan Program - Amends provisions of the Act relating to the Microloan Program to: (1) increase to $3.5 million the total amount authorized to be outstanding and committed to any one intermediary under the Program; (2) revise loan loss reserve levels required of intermediaries during various years of participation; (3) extend through FY 2000 the Program authorization; and (4) allow a Microloan intermediary to expend up to 25 percent of grant funds to enter into third party contracts for the provision of technical assistance. (Sec. 202) Establishes under the Program a welfare-to-work microloan initiative to test the feasibility of supplementing the technical assistance provided to individuals receiving assistance under the State program funded under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act, or any other comparable State-funded program, in order to assist such individuals in establishing small businesses and eliminating their dependence on such assistance. Allows such assistance to be used to provide management, marketing, and technical assistance, or to pay child care and transportation costs of microborrowers (to the extent that such costs are not paid by State block grants or under part A of title IV of the Social Security Act). Authorizes the Small Business Administration (SBA) to select from participating Microloan intermediaries entities to receive supplemental grants under the welfare-to-work program. Allows borrowers under any Microloan program to use loan proceeds to establish child care centers or to provide transportation services. Directs the SBA to report annually to the small business committees on such initiative. Allows only funds transferred from another Federal department or agency to be used for the initiative. Limits the amount of funds that may be used under the initiative for each of FY 1998 through 2000. Subtitle B: Small Business Investment Company Program - Amends provisions of the Act and the SBIA relating to the Small Business Investment Company (SBIC) Program to: (1) allow amounts obligated under the SBIC to be committed for five fiscal years (currently obligated in one fiscal year and committed in the next); (2) provide leverage eligibility requirements for SBIC applicants located in a State that is not currently served by an SBIC (underserved area); (3) exclude as private capital, for SBIC purposes, funds obtained from the business revenues of any federally chartered or government-sponsored corporation established prior to October 1, 1987; (4) authorize the SBA to prescribe fees for participation as an SBIC; (5) allow national, Federal Reserve, or nonmember insured banks to invest in SBICs or in entities established to invest solely in SBICs, with an investment limit; (6) allow the maximum amount of outstanding leverage made available to a participating SBIC to be increased annually to reflect changes in the Consumer Price Index; (7) limit to $90 million (with exceptions) the total amount of leverage issued to any one company; (8) require each leverage applicant to make certain certifications with respect to the amount of financings to be provided solely to smaller enterprises; (9) allow a participating company to make quarterly (currently, annual) payments to its shareholders based on estimates of maximum tax liability; (10) revise a leverage fee payment schedule; (11) direct the SBA to issue guarantees and trust certificates (representing debentures issued by SBICs) at least every six (currently, three) months; and (12) provide for the deposit and use of SBIC examination fees. Subtitle C: Certified Development Company Program - Amends the SBIA with respect to the certified development company (CDC) program to: (1) authorize the use of seller-provided financing in connection with SBA loans for plant acquisition, construction, conversion, and expansion; (2) increase the loan fee under the CDC program; and (3) require such fee to be established annually by the SBA in the minimum amount necessary to reduce to zero the cost to the SBA of purchasing and guaranteeing debentures under the program. Amends the SBIA with respect to the premier certified lenders program to: (1) repeal a provision limiting to 15 the number of CDCs authorized to participate; and (2) revise eligibility conditions and loss reserve requirements for participating CDCs (requiring replenishment of loss reserves paid to the SBA by CDCs). Requires participating companies to establish a goal of processing a minimum of at least 50 percent of their total loan applications pursuant to the program. Amends the Small Business Reauthorization and Amendments Act of 1994 to extend through FY 2000 the premier certified lenders program. Subtitle D: Miscellaneous Provisions - Authorizes the Administrator to verify a general business loan applicant's criminal background through the best means available. (Sec. 232) Directs the Administrator to: (1) report on actions taken and planned for future reliance on private sector lending resources to originate, approve, close, service, liquidate, foreclose, and litigate SBA general business loans; and (2) perform and complete the planning needed to serve as the basis for funding the development and implementation of a computerized SBA loan monitoring system (LMS). Requires the Administrator to report to the small business committees and the Comptroller General (CG) with respect to the LMS. Requires the CG to submit an evaluation of such report to the small business committees, prohibiting the obligation of any LMS funding until 45 days after such report is received. Title III: Women's Business Enterprises - Amends the Women's Business Ownership Act of 1988 to: (1) require the Assistant Administrator of the Office of Women's Business Ownership to serve as the Interagency Committee Liaison to the National Women's Business Council; (2) require a report from the Interagency Committee on Women's Business Enterprise to be transmitted to the President through the SBA, and to include a status report on Committee progress in meeting its responsibilities and duties; (3) require the National Women's Business Council to submit to the President and the small business committees an annual activities report; (4) extend the deadline for presidential appointment of a chairperson for the Council; (5) increase from nine to 14 the number of Council members (and provide Council member terms); and (6) increase, and extend through FY 2000, the authorization of appropriations under such Act. (Sec. 306) Directs the Council to study and report to the President and the small business committees on the award of Federal prime contracts and subcontracts to women-owned businesses. Requires a related best-practices report. (Sec. 307) Authorizes the Council to conduct studies and other research relating to the award of Federal prime contracts and subcontracts to women-owned businesses, as well as access to credit and investment capital by women entrepreneurs. (Sec. 308) Authorizes the SBA to provide financial assistance to private organizations to conduct five-year projects for the benefit of small businesses owned and controlled by women. Outlines participation conditions and Federal and non-Federal contribution requirements. Directs each applicant to submit to the SBA a five-year plan on proposed fund raising and training activities. Directs the SBA to evaluate and rank applicants based on predetermined selection criteria stated in terms of relative importance. Establishes the position of Assistant Administrator for the Office of Women's Business Ownership with specified duties in the administration of Office programs and services for women entrepreneurs. Directs the Administrator to: (1) develop an annual programmatic and financial examination of each women's business center; and (2) report annually to the small business committees on projects conducted. Authorizes appropriations. Allows: (1) authorized amounts to be used only for grant awards and not for program management and administration; and (2) for the use of expedited acquisition methods to carry out this section. Title IV: Competitiveness Program and Procurement Opportunities - Subtitle A: Small Business Competitiveness Program - Amends the Small Business Competitiveness Demonstration Program Act of 1988 to: (1) extend permanently the small business competitiveness demonstration program; (2) require participating agencies to monitor the attainment of their small business participation goals on an annual (currently, quarterly) basis; (3) extend through FY 2000 required annual reports to the Congress concerning such program; and (4) extend permanently small business participation in contracting opportunities for dredging. Subtitle B: Small Business Procurement Opportunities Program - Amends the Act to require each Federal agency to: (1) foster the participation of small businesses as prime contractors, subcontractors, and suppliers; (2) structure its contracting requirements to facilitate competition by and among small businesses; and (3) avoid the unnecessary and unjustified bundling of contracts that precludes small business participation as prime contractors. Defines ""contract bundling"" as consolidating two or more procurement requirements into a single contract solicitation unlikely for award to a small business due to the diversity, size or specialized nature of performance elements, the aggregate dollar value of the anticipated award, geographical dispersion of contract performance sites, or a combination of such factors. (Sec. 413) Requires procurement strategies used by Federal contracting agencies to facilitate the maximum participation of small businesses as prime contractors, subcontractors, and suppliers. Requires the head of an agency to conduct market research to determine whether consolidation of contract requirements is necessary and justified, taking into account specified factors. Requires a strategy calling for contract bundling to identify benefits of such bundling as well as impediments caused to small businesses by such bundling. Allows a small business, in the case of contract bundling, to submit an offer that provides for the use of a team of subcontractors to perform the contract. Requires the SBA to determine whether a contract solicitation involves an unnecessary or unjustified bundling of contract requirements. Requires the Office of Small and Disadvantaged Business Utilization of each Federal contracting agency to identify proposed solicitations that involve significant contract bundling and to increase participation by small businesses in such solicitations as either prime contractors or subcontractors and suppliers. (Sec. 414) Requires the Federal Procurement Data System to be modified to collect data regarding contract bundling when the contracting officer anticipates the resulting contract price to exceed $5 million. (Sec. 415) Outlines factors to be designated as significant by a Federal agency for purposes of evaluating offers for a bundled contract that offers a significant opportunity for subcontracting. (Sec. 416) Allows notices of subcontracting opportunities to be published in the Commerce Business Daily. Requires executive agencies awarding certain contracts in excess of $100,000 (currently, $25,000) to provide for publication of such award. (Sec. 417) Provides deadlines for the issuance of regulations or proposed amendments to the Federal Acquisition Regulation required by this title. Title V: Miscellaneous Provisions - Authorizes each Federal agency that has an extramural budget for research or research and development in excess of $1 billion for FY 1998 through 2001 to expend with small businesses not less than 0.15 percent of such budget specifically in connection with programs under the Small Business Technology Transfer Program (STTP). Directs each Federal agency required to establish an STTP program to include as part of its annual performance plan a section on its STTP program, to submit such section to specified congressional committees, and to assess STTP program outputs and outcomes. Authorizes the Administrator, for FY 1998 through 2001, to expend with eligible States not more than $2 million in each fiscal year to increase the participation of small businesses in STTP programs. Makes eligible for such participation those States which received less than $5 million for such programs during FY 1995. (Sec. 502) Authorizes the Administrator to make grants to women's business centers for the establishment of small business development centers (SBDCs). Requires each SBDC to annually review and coordinate public and private partnerships and cosponsorships with the SBA in order to more efficiently leverage available resources on a national and State basis. Increases: (1) the maximum amount of grant funds available to a State SBDC participant; and (2) the services provided under the SBDC program. Requires matching State funds. Extends permanently and increases the authorization of appropriations for such program. Requires any contract under such program which is not renewed or extended to be made on a competitive basis. Prohibits a participating SBDC from imposing or collecting a fee for the provision of counseling services under the program. (Sec. 503) Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 2000 the pilot preferred surety bond guarantee program. (Sec. 504) Amends the Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2000 the authority of the Administrator and private entities to cosponsor financial assistance to small businesses for computer security education and training programs. (Currently, such cosponsoring authority is scheduled to terminate at the end of FY 1997.) (Sec. 505) Directs the SBA to submit to the small business comittees a copy of the draft and final plans describing the sale to the private sector of loans and other assets held by the SBA. (Sec. 506) Includes among services provided by an SBDC providing small business owners with access to a wide variety of export-related information through on-line computer linkages. Authorizes appropriations for FY 1998 and 1999 for such services. (Sec. 507) Authorizes the SBA Administrator to administer the Defense Loan and Technical Assistance program, as established by a memorandum of understanding between the Administrator and the Secretary of Defense on June 26, 1995, under which the Administrator assists small businesses that are economically dependent on defense expenditures to acquire dual-use (commercial and military) capabilities. Outlines program requirements and small business selection criteria. Limits to: (1) $1.25 million the maximum amount of loan principal for which the Administrator may provide a loan guarantee under the program; and (2) 80 percent the maximum allowable guarantee percentage for loans so guaranteed. Provides program funding. (Sec. 508) Amends the Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2000 a pilot program under which the Administrator provides increased access to Federal contract opportunities for very small businesses. (Sec. 509) Directs the Administrator to coordinate Federal assistance in providing counseling to small businesses adversely affected by the North American Free Trade Agreement. Title VI: Hubzone Program - HUBZone Act of 1997 - Amends the Act to provide qualification requirements for small businesses to receive Federal contracting assistance for locating in or relocating to historically underutilized business zones (HUBZones). Includes within such requirements that not less than 50 percent of the contract performance incurred for services or supplies be expended for employees or for the manufacturing of supplies in HUBZones. Requires a certification from the small business to the Administrator with respect to such requirements. Authorizes the Administrator to change the above percentage. Directs the Administrator to establish and maintain a list of qualified small businesses (QSBs) located in HUBZones. Establishes within the SBA a program to provide for Federal contracting assistance to QSBs located in HUBZones. Allows sole-source (single bidder) contracts to be awarded under limited circumstances (limiting the total value of such contracts). Requires a contracting officer to award a contract on the basis of competition restricted to QSBs if such officer determines that two or more QSBs will submit offers and that the award can be made at a fair market price. Provides a price evaluation preference to a QSB if its offer is not more than ten percent higher than the other offeror, as long as the other offeror is not a small business. Directs the Administrator to enforce the requirements of this title and to verify the eligibility of QSBs, including random program examinations. Provides penalties. Limits the application of this title to specified Federal departments and agencies during the period beginning with the enactment of this Act and ending on September 30, 2000. (Sec. 606) Directs the Administrator to report to the small business committees on implementation of the HUBZone program. (Sec. 607) Authorizes appropriations for such program for FY 1998 through 2000. Title VII: Service Disabled Veterans - Directs the Administrator to study and report to the small business committees concerning: (1) the needs of small businesses owned and controlled by disabled veterans; (2) the availability and utilization of SBA programs by such small businesses; (3) the percentages and value of Federal contracts awarded to such small businesses during the past five fiscal years; and (4) methods to improve SBA and other programs to serve the needs of such businesses. (Sec. 704) Directs the Secretary of Veterans Affairs to engage in efforts each fiscal year to identify such small businesses and to notify each such business that information on Federal procurement is available from the SBA. (Sec. 705) Amends the Small Business Economic Policy Act of 1980 to require information concerning veteran-owned small businesses to be included in a required report concerning the state of small business. (Sec. 706) Empowers the SBA to make loans to small businesses owned and controlled by disabled veterans. (Sec. 707) Directs the Administrator to ensure that such small businesses have access to SBA programs that provide entrepreneurial training, business development assistance, counseling, and managerial assistance. (Sec. 708) Authorizes the Administrator to make grants to, and enter into contracts and cooperative agreements with, various entities for the establishment and implementation of outreach programs for disabled veterans. (Sec. 709) Directs the Administrator, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans' Employment and Training to develop and implement a program of comprehensive outreach to assist disabled veterans.",2025-04-07T15:34:08Z, 105-s-1121,105,s,1121,WIPO Copyright and Performances and Phonograms Treaty Implementation Act of 1997,Commerce,1997-07-31,1997-07-31,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Hatch, Orrin G. [R-UT]",UT,R,H000338,3,"WIPO Copyright and Performances and Phonograms Treaty Implementation Act of 1997 - Amends Federal copyright law to grant copyright protection to: (1) sound recordings that were first fixed in a treaty party (a country or intergovernmental organization other than the United States that is a party to specified international copyright and other agreements); and (2) pictorial, graphic, or scuptural works incorporated in a building or other structure or an architectural work embodied in a building located in the United States or a treaty party. Treats works published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party as first published in the United States or a treaty party for purposes of conferring protection. Provides that no works other than sound recordings shall be eligible for protection solely by virtue of U.S. adherence to the Geneva Phonograms Convention or the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Revises the definition of ""eligible country,"" for purposes of provisions regarding copyright in restored works, to include nations other than the United States that: (1) become World Trade Organization member countries after the date of enactment of the Uruguay Round Agreements Act; (2) are or become nations adhering to the Berne Convention; (3) adhere to the WIPO Copyright or Performances and Phonograms Treaties; or (4) become subject to a certain presidential proclamation of copyright restoration after such enactment date. Includes sound recordings in the definition of ""restored work"" if the source country for the work is an eligible country solely by its adherence to the WIPO Performances and Phonograms Treaty. Prohibits: (1) circumvention of technological protection measures that control access to protected works; or (2) manufacturing or trafficking in technology designed to circumvent measures that control access to, or protect rights of copyright owners in, such works. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines ""copyright management information"" as certain information, including title, name of author and copyright owner, and terms for use of the work, conveyed in connection with copies or phonorecords of a work or performances or displays. Prohibits the intentional removal or alteration of such information or the distribution of information or works so altered knowing that such acts will induce or conceal infringement. Establishes civil remedies for violations regarding the circumvention of technological protection measures and copyright management information. Prescribes criminal penalties for willful violations committed for commercial advantage or private financial gain. Imposes a statute of limitations on criminal proceedings.",2025-08-21T16:14:48Z, 105-hr-2281,105,hr,2281,Digital Millennium Copyright Act,Commerce,1997-07-29,1998-10-28,Became Public Law No: 105-304.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,9,"TABLE OF CONTENTS: Title I: WIPO Treaties Implementation Title II: Online Copyright Infringement Liability Limitation Title III: Computer Maintenance or Repair Copyright Exemption Title IV: Miscellaneous Provisions Title V: Protection of Certain Original Designs Digital Millennium Copyright Act - Title I: WIPO Treaties Implementation - WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 - Amends Federal copyright law to grant copyright protection to: (1) sound recordings that were first fixed in a treaty party (a country or intergovernmental organization other than the United States that is a party to specified international copyright and other agreements); and (2) pictorial, graphic, or sculptural works incorporated in a building or other structure or an architectural work embodied in a building located in the United States or a treaty party. Treats works published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party as first published in the United States or a treaty party for purposes of conferring protection. Provides that no works other than sound recordings shall be eligible for protection solely by virtue of U.S. adherence to the Geneva Phonograms Convention or the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Revises the definition of ""eligible country,"" for purposes of provisions regarding copyright in restored works, to include nations other than the United States that: (1) become World Trade Organization member countries after the date of enactment of the Uruguay Round Agreements Act; (2) are or become nations adhering to the Berne Convention; (3) adhere to the WIPO Copyright or Performances and Phonograms Treaties; or (4) become subject to a certain presidential proclamation of copyright restoration after such enactment date. Includes sound recordings in the definition of ""restored work"" if the source country for the work is an eligible country solely by its adherence to the WIPO Performances and Phonograms Treaty. (Sec. 103) Prohibits: (1) circumvention of technological measures that control access to protected works; or (2) manufacturing or trafficking in technology designed to circumvent measures that control access to, or protect rights of copyright owners in, such works. Makes the prohibition effective at the end of the two-year period beginning on the enactment of this Act. Exempts persons who are users of a copyrighted work which is in a particular class if such persons are, or are likely to be in the succeeding three-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works. Requires, during the two-year period and during each succeeding three-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, to make the determination in a rulemaking proceeding on the record of whether the individuals who are users of copyrighted work are adversely affected in their ability to make noninfringing uses of a particular class of copyrighted works. Requires the Librarian to publish any class of copyrighted works for which the Librarian determines, pursuant to the rulemaking procedure, that noninfringing uses by persons who are users of copyrighted work are, or are likely to be, adversely affected and that the prohibition is inapplicable to such users with respect to such class of works for the ensuring three-year period. Prohibits an exception from the applicability of the prohibition or any determination made in such rule making from being used as a defense in any action to enforce any provision of this title. Specifies that nothing in this Act shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products. Provides exemptions to such prohibition for: (1) nonprofit libraries, archives, or educational institutions which gain access to a commercially exploited copyrighted work solely to make a good faith determination of whether to acquire such work, subject to certain conditions; (2) lawfully authorized investigative, protective, information security, or intelligence activities of the United States, a State, or political subdivision of a State; and (3) purposes of achieving interoperability of computer programs. Defines ""information security"" as activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network. Specifies: (1) conditions under which a person is allowed to circumvent technological measures as applied to a copy, phonorecord, performance, or display of a published work in the course of an act of good faith encryption research and the use of technological means for such encryption research activities; and (2) factors to be considered in determining whether the person qualifies for such exemption. Defines ""encryption research"" as activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works, if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the development of encryption products. Requires the Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce to jointly report to the Congress, along with legislative recommendations, if any, on the effect this Act has had on: (1) encryption research and the development of encryption technology; (2) the adequacy and effectiveness of technological measures designed to protect copyrighted works; and (3) protection of copyright owners against the unauthorized access to their encrypted copyrighted works. Permits the court, in applying this Act to a component or part, to consider the necessity for its intended and actual incorporation in a technology, product, service, or device which: (1) does not itself violate the provisions of this title; and (2) has the sole purpose to prevent the access of minors to material on the Internet. Sets forth provisions regarding: (1) protection of personally identifying information; (2) inapplicability to certain technological measures; (3) permissible acts of security testing and factors in determining an exemption for such testing; and (4) use of technological means for security testing. Prohibits the manufacturing or trafficking of certain analog video cassette recorder devices and copy control technological measures unless they: (1) effective 18 months after enactment of this Act, conform to the automatic gain control copy control technology or the automatic gain control technology under certain conditions; or (2) effective on the enactment of this Act, have been modified after such date so if they previously conformed to the automatic gain control copy control technology they no longer conform or if they previously conformed to the four-line colorstripe copy control technology they no longer. Requires manufacturers that have not previously manufactured or sold a VHS format analog video cassette recorder or an 8mm format analog cassette recorder to conform to the four-line colorstripe copy control technology in the initial model of any such recorder manufactured after the enactment of this Act and thereafter to continue to do so. Prohibits allowing a person to apply the automatic gain control copy control technology or colorstripe copy control technology to prevent or limit consumer copying, subject to exceptions. Provides that this Act shall not: (1) require any analog video cassette camcorder to conform to the automatic gain control copy control technology with respect to any video signal received through a camera lens; (2) apply to the manufacturing or trafficking in any professional analog video cassette recorder; or (3) apply to the offer for sale or provision of, or other trafficking in, any previously owned analog video cassette recorder, if such recorder was legally manufactured and sold when new and not subsequently modified in violation of this Act. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines ""copyright management information"" as certain information, including title, name of author and copyright owner, and terms for use of the work, conveyed in connection with copies or phonorecords of a work or performances or displays, including in digital form, except that such term does not include any personally identifying information about a user of a work or of a copy, phonorecord, performance, or display of a work. Provides exemptions to such prohibition for: (1) lawfully authorized investigative, protective, information security (as previously defined), or intelligence activities of the United States, a State, or political subdivision of a State; and (2) certain analog and digital transmissions by broadcast stations or cable systems. Establishes civil remedies for violations regarding the circumvention of technological protection measures and the falsification of copyright management information. Prescribes criminal penalties for willful violations committed for commercial advantage or private financial gain. Makes criminal penalties inapplicable to nonprofit libraries, archives, and educational institutions. Imposes a statute of limitations on criminal proceedings. (Sec. 104) Requires the Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce to jointly evaluate and report to the Congress, along with any legislative recommendations on: (1) the effects of the amendments made by this title and the development of electronic commerce and associated technology on the operation of copyright law provisions concerning the disposition of a particular copy or phonorecord and the making of a copy or adaptation of a computer program; and (2) the relationship between existing and emergent technology and the operation of such provisions. (Sec. 105) Provides that certain provisions of this title shall be effective as of enactment, except for specified provisions which shall be effective upon the entry into force of the WIPO Copyright and Performances and Phonograms Treaties. Title II: Online Copyright Infringement Liability Limitation - Online Copyright Infringement Liability Limitation Act - Establishes limited liability for online copyright infringement for: (1) entities offering the transmission, routing, or providing of connections for digital online communications between points specified by a user of material of the user's choosing, without modification of the material; and (2) providers of online services or network access. Describes specific circumstances that provide for limited liability, including cases in which material is stored on service provider systems or networks or where users are linked to an online location containing infringing materials or activity by using information location tools. Makes liability limitations applicable only if a service provider has designated an agent to receive notifications of claimed infringement by making contact information available through its service, including on its website in a location accessible to the public, and to the Copyright Office. Sets forth requirements for such notifications. Specifies conditions under which limitation on liability of nonprofit educational institutions shall apply. Makes liable for damages persons who knowingly misrepresent that material or activity is infringing or that it was removed or disabled by mistake or misidentification. Absolves service providers of liability with respect to claims based on good faith disabling of access to, or removal of, material or activity claimed to be infringing regardless of whether the material or activity is ultimately determined to be infringing. Sets forth additional conditions to be met by service providers with respect to such activities that involve service subscribers. Makes liability limitations applicable only if a service provider: (1) implements and informs subscribers of a policy for terminating subscribers who are repeat infringers; and (2) accommodates and does not interfere with certain standard technical measures used by copyright owners to identify or protect copyrighted works. Describes conditions under which a court may grant injunctive relief with respect to service providers. Title III: Computer Maintenance or Repair Copyright Exemption - Computer Maintenance Competition Assurance Act -Provides that it is not a copyright infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program solely by activation of a machine that lawfully contains an authorized copy of the program for purposes only of maintenance or repair of that machine, provided: (1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and (2) any program or part thereof that is not necessary for machine activation is not accessed or used other than to make such new copy by activation of the machine. Title IV: Miscellaneous Provisions - Adjusts the compensation of the Commissioner of Patents and Trademarks and the Register of Copyrights to that in effect for level III of the Executive Pay Schedule. Includes the positions of Assistant Secretary of Commerce and Commissioner of Patents and Trademarks and the Register of Copyrights within the level III Executive Pay Schedule. Modifies the duties and functions of the Register of Copyrights (Register) to include: (1) advising the Congress on national and international issues relating to copyright, other matters arising under this title, and related matters; (2) providing information and assistance to Federal departments and agencies and the Judiciary on national and international issues relating to copyright, other matters arising under this title, and related matters; (3) participating in meetings of international intergovernmental organizations and meetings with foreign government officials relating to copyright, other matters arising under this title, and related matters, including as a member of U.S. delegations as authorized by the appropriate executive branch authority; (4) conducting studies and programs regarding copyright, other matters arising under this title, and related matters, the administration of the Copyright Office, or any function vested in the Copyright Office by law, including educational programs conducted cooperatively with foreign intellectual property offices and international intergovernmental organizations; and (5) performing such other functions as the Congress may direct, or as may be appropriate in furtherance of the functions and duties specifically set forth in this title. (Sec. 402) Expands certain limitations on exclusive rights with respect to ephemeral recordings to authorize licensed radio or television stations to make one copy or phonorecord of a broadcast of a performance of a sound recording in a digital format on a nonsubscription basis. (Sec. 403) Directs the Register to submit to the Congress recommendations on how to promote distance education through digital technologies while maintaining a balance between the rights of copyright owners and the needs of users. (Sec. 404) Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Prohibits copies or phonorecords reproduced in digital format from being distributed otherwise, or available to the public outside library or archive premises, in such format. Considers a format to be obsolete if the machine or device necessary to render perceptible a work stored in such format is no longer manufactured or reasonably available in the commercial marketplace. (Sec. 405) Revises provisions concerning the performance of a sound recording publicly by means of a digital audio transmission, other than as a part of an interactive service, to permit such performance without copyright infringement if the performance is part of a nonsubscription broadcast (deletes two current exemptions). Revises provisions concerning statutory licensing of sound recordings to subject to statutory licensing (subject to specified conditions): (1) the performance of a sound recording publicly by means of a non-exempt subscription digital audio transmission; (2) an eligible nonsubscription transmission; or (3) a non-exempt transmission that is made by a preexisting satellite digital audio radio service. Revises procedures for determining reasonable rates and terms of royalty payments for such transmissions. Specifies conditions under which a transmitting organization entitled to transmit to the public a performance of a sound recording, under the limitation on exclusive rights or under a statutory license for certain nonexempt transmissions, to make no more than one phonorecord of the sound recording (unless the terms and conditions of the statutory license allow for more). Allows copyright owners of sound recordings and transmitting organizations entitled to a statutory license to: (1) negotiate and agree upon royalty rates and license terms and conditions for making phonorecords of such sound recordings and the proportionate division of fees paid among copyright owners; and (2) designate common agents to negotiate, agree to, pay, or receive such royalty payments. Specifies procedures to determine the reasonable terms and rates of royalty payments for such statutory licenses. Sets forth conditions under which a person is allowed to make a phonorecord of a sound recording under a statutory license without infringing the exclusive right of the copyright owner. Modifies the period in which the Librarian of Congress has to: (1) adopt or to reject the determination of a copyright arbitration royalty panel; and (2) issue an order setting the royalty fee or distribution of fees, as the case may be, if the Librarian rejects the panel's determination. States that when the royalty rates or terms that were previously in effect are to expire on a specified date, any adjustment by the Librarian of those rates or terms shall be effective as of the day following the date of expiration of the rates and terms that were previously in effect, even if the Librarian's decision is rendered on a later date. (Sec. 406) Amends the Federal judicial code to provide, under specified conditions, in the case of a transfer of copyright ownership in a motion picture that is produced subject to one or more collective bargaining agreements negotiated under Federal laws, if the transfer is executed on or after the effective date of this Act and is not limited to public performance rights, the transfer instrument shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the obligations under each such assumption agreement to make residual payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as they are set forth in the applicable collective bargaining agreement. States that the exclusion of transfers of copyright ownership in a motion picture that are limited to public performance rights includes transfers to a terrestrial broadcast station, cable system, or programmer to the extent that the station, system, or programmer is functioning as an exhibitor of the motion picture, either by exhibiting the motion picture on its own network, system, service, or station, or by initiating the transmission of an exhibition that is carried on another network, system, service, or station. Provides that when a terrestrial broadcast station, cable system, or programmer, or other transferee, is also functioning otherwise as a distributor or as a producer of the motion picture, the public performance exclusion does not effect any obligations imposed on the transferee to the extent that it is engaging in such functions. Specifies an exclusion for grants of security interests. Requires the Comptroller General to study and report to the Congress on the conditions in the motion picture industry that gave rise to this Act and its impact on such industry. Title V: Protection of Certain Original Designs - Vessel Hull Design Protection Act - Amends Federal copyright law to provide for protection of original designs of vessel hulls which make a vessel attractive or distinctive in appearance to the purchasing or using public. Bars protection for designs that are: (1) not original; (2) staple or commonplace; (3) dictated solely by a utilitarian function of the article that embodies them; or (4) embodied in a useful article that was made public by the designer or owner more than one year before the date of application for registration. Provides for ten-year terms of protection. Sets forth marking and design notice requirements for protected designs. Bars recovery against persons who began undertakings leading to infringement before receiving notice. Places the burden of providing notice of protection on design owners. Grants owners of protected designs exclusive rights to make, have made, import, sell, or distribute for sale or for use in trade any useful article embodying protected designs. Makes it infringement to engage in such activities with respect to infringing articles without an owner's consent. Provides that it shall not be infringement to: (1) engage in certain activities with respect to protected designs without knowledge; or (2) reproduce a protected design solely for purposes of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design or the functions of the useful article embodying the design. Places the burden of establishing a design's originality on the party alleging rights in a design. Provides that protection shall be lost if application for design registration is not made within two years after the date on which the design is first made public. Sets forth registration application requirements. Accords protection to designs with respect to which an application was filed by a U.S. owner in a foreign country on the date as filed if the U.S. application is filed within six months after the earliest date on which such foreign application was filed. Sets forth provisions regarding: (1) determinations of registrations and procedures for cancelling registrations in cases where a party believes he or she may be damaged by registration; and (2) ownership and transfer of property rights of protected designs. Authorizes design owners to seek judicial review of final refusals of the Register of Copyrights to register designs. Permits the use of arbitration to resolve infringement disputes. Authorizes injunctive relief to prevent infringement. Provides for recovery of damages or the infringer's profits in infringement cases. Sets a three-year statute of limitations with respect to recovery for infringement. Authorizes the court to order or cancel registrations. Prescribes penalties for the filing of infringement actions with respect to fraudulently-obtained registrations or making false markings or representations. Directs the Secretary of the Treasury and the Postal Service to issue regulations for the enforcement of exclusive rights with respect to importation of protected designs. Subjects articles imported in violation of such rights to seizure and forfeiture. Terminates protection under this Act upon issuance of a design patent with respect to an original design. Grants the U.S. district courts jurisdiction over actions arising under this Act. (Sec. 504) Requires the Register of Copyrights and the Commissioner of Patents and Trademarks to jointly evaluate and report to specified congressional committees on the effect of the amendments made by this title.",2025-04-07T15:33:55Z, 105-s-1072,105,s,1072,Plant Patent Amendments Act of 1997,Commerce,1997-07-28,1997-07-29,Sponsor introductory remarks on measure. (CR S8282),Senate,"Sen. Smith, Gordon H. [R-OR]",OR,R,S001142,1,"Plant Patent Amendments Act of 1997 - Amends Federal patent law with respect to the right in the grant of a plant patent to exclude others from asexually reproducing such plant. Adds the right to exclude others from using, offering for sale, selling, or importing asexually reproduced plants and plant parts.",2025-08-21T16:11:47Z, 105-hr-2261,105,hr,2261,Small Business Programs Reauthorization and Amendments Acts of 1997,Commerce,1997-07-25,1997-09-29,Laid on the table. See S. 1139 for further action. (consideration: CR H8113),House,"Rep. Talent, Jim [R-MO-2]",MO,R,T000024,1,"TABLE OF CONTENTS: Title I: Authorizations Title II: Financial Programs Subtitle A: General Business Loans Subtitle B: Certified Development Company Program Subtitle C: Small Business Investment Company Program Subtitle D: Microloan Program Title III: Women's Business Enterprises Title IV: Competitiveness Program Title V: Miscellaneous Provisions Title VI: Service Disabled Veterans Title VII: Small Business Technology Transfer Program Small Business Programs Reauthorization and Amendments Acts of 1997 - Title I: Authorizations - Amends the Small Business Act (the Act) to authorize appropriations and provide funding levels for FY 1998 through 2000 for various programs under the Act and the Small Business Investment Act of 1958 (SBIA). Title II: Financial Programs - Subtitle A: General Business Loans - Directs the Administrator of the Small Business Administration (SBA) to promulgate final regulations permitting bank and nonbank lenders to sell or securitize the nonguaranteed portion of general business loans made under the Act. Directs the Administrator to verify a general business loan applicant's criminal background through the best means available. (Sec. 203) Directs the Administrator to: (1) report on actions taken and planned for future reliance on private sector lending resources to originate, approve, close, service, liquidate, foreclose, and litigate SBA general business loans; and (2) perform and complete the planning needed to serve as the basis for funding the development and implementation of a computerized SBA loan monitoring system (LMS). Requires the Administrator to report to the small business committees with respect to the LMS, and requires a copy of such report to be sent to the General Accounting Office for a regulatory compliance evaluation. Subtitle B: Certified Development Company Program - Amends the SBIA with respect to the certified development company (CDC) program to: (1) increase the loan fee under such program; (2) require such fee to be established annually by the SBA in the minimal amount necessary to reduce to zero the cost to the SBA of purchasing and guaranteeing debentures under the CDC program; and (3) extend through FY 2000 the authority for such program. (Sec. 222) Amends the SBIA with respect to the premier certified lenders program to: (1) repeal a provision limiting to 15 the number of CDCs authorized to participate; and (2) revise eligibility conditions and loss reserve requirements for participating CDCs (requiring replenishment of loss reserves paid to the SBA by a CDC). Requires participating CDCs to establish a goal of processing 50 percent of their total loan applications pursuant to the program. (Sec. 229) Repeals a provision of the Small Business Administration Reauthorization and Amendments Act of 1994 which establishes requirements for the CDC program. Empowers a premier certified lender to authorize, close, service, foreclose, litigate, and liquidate loans made under the program. (Sec. 232) Allows up to 25 percent of any SBIA project for plant acquisition, construction, conversion, or expansion to be permanently leased by the assisted small business, as long as such business occupies and uses at least 55 percent of the space in the project after lease execution. Provides seller financing and collateral requirements under such projects. Prohibits a project loan from being denied or delayed for approval by the Administrator due to concerns over preexisting environmental conditions, as long as the CDC complies with certain requirements. Subtitle C: Small Business Investment Company Program - Amends provisions of the Act and the SBIA relating to the Small Business Investment Company (SBIC) Program to: (1) allow amounts obligated under the SBIC to be committed for five fiscal years (currently obligated in one fiscal year and committed in the next); (2) allow an SBIC-participating company to make quarterly (currently, only annual) payments to its shareholders up to the amount of their tax liability; (3) revise a leverage fee payment schedule; (4) direct the SBA to issue guarantees and trust certificates (representing debentures issued by SBICs) at least every six (currently, three) months; (5) allow the maximum amount of outstanding leverage made available to a participating SBIC to be increased annually to reflect changes in the Consumer Price Index; (6) limit to $90 million the total amount of leverage issued to any one company; (7) require each leverage applicant to make certain certifications with respect to the amount of financings to be provided solely to smaller enterprises; (8) authorize the Administrator to prescribe fees for participation as an SBIC; and (9) provide for the deposit and use of SBIC examination fees. Subtitle D: Microloan Program - Amends provisions of the Act relating to the Microloan Program to: (1) increase to $3.5 million the total amount authorized to be outstanding and committed to any one intermediary under the Program; (2) revise loan loss reserve levels required of participating intermediaries under the Program during various years of participation; (3) extend through FY 2000 the authorization of appropriations for the Program; (4) authorize the SBA to accept and disburse funds received from other Federal departments and agencies to provide assistance to individuals receiving assistance under State-funded means-tested programs for low-income individuals; and (5) direct the SBA to report annually to the small business committees on monies distributed under (4) above. Title III: Women's Business Enterprises - Amends the Women's Business Ownership Act of 1988 to: (1) require a report from the Interagency Committee on Women's Business Enterprise to be transmitted to the President through the SBA and to include a status report on Committee progress in meeting its responsibilities and duties; (2) require the National Women's Business Council to submit to the President and the small business committees an annual activities report; (3) extend the deadline for presidential appointment of a chairperson for the Council; (4) increase from nine to 14 the number of Council members; and (5) increase, and extend through FY 2000, the authorization of appropriations under such Act. (Sec. 305) Authorizes the SBA to provide financial assistance to private organizations to conduct five-year projects for the benefit of small businesses owned and controlled by women. Outlines participation conditions and Federal and non-Federal contribution requirements. Directs each applicant to submit a five-year plan to the SBA on proposed fundraising and training activities. Directs the SBA to evaluate and rank applicants based on predetermined selection criteria stated in terms of relative importance. Requires the Administrator to report annually to the small business committees on projects conducted. Authorizes appropriations. (Sec. 306) Establishes the position of Assistant Administrator for the Office of Women's Business Ownership with specified duties in the administration of Office programs and services for women entrepreneurs. Directs the SBA to develop and implement an annual programmatic and financial examination of each women's business center. Title IV: Competitiveness Program - Amends the Small Business Competitiveness Demonstration Program Act of 1988 to: (1) extend permanently the small business competitiveness demonstration program; (2) require participating agencies to monitor the attainment of their small business participation goals on an annual (currently, quarterly) basis; and (3) extend permanently (currently terminates at the end of FY 1997) small business participation in contracting opportunities for dredging. Title V: Miscellaneous Provisions - Authorizes the Administrator to make grants to women's business centers for the establishment of small business development centers (SBDCs). Requires each SBDC to annually review and coordinate public and private partnerships and cosponsorships with the SBA in order to more efficiently leverage available resources on a national and State basis. Increases: (1) the maximum amount of funds available to a State SBDC participant (with specified exceptions and conditions); and (2) the services provided under the SBDC program. Requires any contract under such program which is not renewed or extended to be made on a competitive basis. Prohibits a participating SBDC from imposing or collecting a fee for the provision of counseling services under the program. (Sec. 502) Includes as an SBDC service the provision to small business owners of access to a wide variety of export-related information through computer linkages. Authorizes FY 1998 and 1999 appropriations for the export information service. (Sec. 503) Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 2000 the pilot preferred surety bond guarantee program. (Sec. 504) Amends the Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2000: (1) a pilot program under which the Administrator provides increased access to Federal contract opportunities for very small businesses; and (2) the authority of the Administrator and private entities to cosponsor financial assistance to small businesses for computer security education and training programs. (Currently, such cosponsoring authority is scheduled to terminate at the end of FY 1997.) (Sec. 506) Directs the SBA to aid small businesses harmed by the North American Free Trade Agreement in reorienting their business purposes. Title VI: Service Disabled Veterans - Directs the Administrator to study and report to the small business committees concerning: (1) the needs of small businesses owned and controlled by disabled veterans; (2) the availability and utilization of SBA programs by such small businesses; (3) the percentages and value of Federal contracts awarded to such small businesses during the past five fiscal years; and (4) methods to improve SBA and other programs to better serve the needs of such businesses. (Sec. 604) Directs the Secretary of Veterans Affairs to engage in efforts each fiscal year to identify such small businesses and to notify each such business that information on Federal procurement is available from the SBA. (Sec. 605) Amends the Small Business Economic Policy Act of 1980 to require information concerning veteran-owned small businesses to be included in a required report concerning the state of small business. (Sec. 606) Empowers the SBA to make loans to small businesses owned and controlled by disabled veterans. (Sec. 607) Directs the Administrator to ensure that such small businesses have access to SBA programs which provide entrepreneurial training, business development assistance, counseling, and management assistance. (Sec. 608) Authorizes the Administrator to make grants to, and enter into contracts and cooperative agreements with, various entities for the establishment and implementation of outreach programs for disabled veterans. (Sec. 609) Directs the Administrator to develop and implement a program of comprehensive outreach to assist disabled veterans. Title VII: Small Business Technology Transfer Program - Amends the Small Business Act to: (1) direct the SBA to report annually to the Senate Committee on Science on the Small Business Innovative Research (SBIR) program and the Small Business Technology Transfer (SBTT) program; (2) specify that only ideas designed to meet agency program needs are to receive SBTT Phase II awards; (3) reauthorize the SBTT program through FY 2000; (4) direct each Federal agency establishing an SBTT program to submit a section on its program in its annual performance plan to specified congressional committees and to collect data from awardees to assess SBTT outputs and outcomes; (5) direct the Administrator to develop and implement an outreach program to encourage increased SBTT participation by small businesses, universities, and other research institutions located in States in which the total number of SBTT awards for the previous two fiscal years is less than 20; and (6) require the SBIR and SBTT programs to be included by Federal agencies in any strategic plan updates and revisions required by the Government Performance and Results Act.",2025-04-07T15:34:08Z, 105-hr-2265,105,hr,2265,No Electronic Theft (NET) Act,Commerce,1997-07-25,1997-12-16,Became Public Law No: 105-147.,House,"Rep. Goodlatte, Bob [R-VA-6]",VA,R,G000289,6,"No Electronic Theft (NET) Act - Amends Federal copyright law to define ""financial gain"" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.",2025-07-21T19:32:26Z, 105-hr-2235,105,hr,2235,Small Business Microloan Program Improvement Act,Commerce,1997-07-24,1997-07-24,Referred to the House Committee on Small Business.,House,"Rep. Baldacci, John Elias [D-ME-2]",ME,D,B000081,1,"Small Business Microloan Program Improvement Act - Amends the Small Business Act to: (1) increase from $2.5 million to $3.5 million the individual loan limit under the Microloan Demonstration Program (a program providing assistance to women, low-income, and other underprivileged and minority businesses); (2) revise loan loss reserve fund requirements for Program intermediaries; and (3) extend through FY 2000 the authorization of appropriations for the Program (renamed the Microloan Program).",2025-08-21T16:14:54Z, 105-s-1044,105,s,1044,Criminal Copyright Improvement Act of 1997,Commerce,1997-07-21,1997-07-21,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,2,"Criminal Copyright Improvement Act of 1997 - Amends Federal copyright law to define ""financial gain"" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright by reproducing or distributing, including by electronic means, during any 180-day period, ten or more copies of one or more copyrighted works where such works or copies have a total retail value of $5,000 or more. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000. Provides for: (1) up to three years' imprisonment and fines in any other such infringement case (without commercial gain intent), based on the retail value of the works; and (2) up to six years' imprisonment and a fine for a second or subsequent felony offense in such cases. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime, adequately reflects consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed, and takes into account more than minimal planning and other aggravating factors.",2025-08-21T16:14:24Z, 105-hr-2180,105,hr,2180,On-Line Copyright Liability Limitation Act,Commerce,1997-07-17,1998-02-26,For Further Action See H.R.3209.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,1,"On-Line Copyright Liability Limitation Act - Amends Federal copyright law to exempt a person from being liable for direct infringement, or vicariously liable for the infringing acts of another, based solely on transmitting or otherwise providing access to material on-line, if the person does not: (1) initially place the material on-line; (2) generate, select, or alter the content of the material; (3) determine the recipients of the material; (4) receive a financial benefit directly attributable to a particular act of infringement; (5) sponsor, endorse, or advertise the material; and (6) know, and is not aware by notice or other information indicating, that the material is infringing, or is prohibited by law from accessing the material. Provides that a person shall not be liable, in the case of a finding of contributory infringement based solely on conduct for which the individual is exempt from liability for direct infringement or vicarious liability, for any remedy other than injunctive relief, except that such injunctive relief shall be available only to the extent that all acts required by such relief are technically feasible and economically reasonable to carry out. Prohibits: (1) this Act from imposing an affirmative obligation on an individual to seek information in a case where such person does not know, and is not aware by notice or other information indicating, that certain material is infringing; (2) a person from being liable for claims based on that person's removing, disabling, or blocking on-line access to material in response to information by notice or otherwise indicating or alleging that the material is infringing, whether it is or not; and (3) removing, disabling, or blocking access to material which a person transmits or to which a person otherwise provides on-line access, or the failure to do so, from adversely bearing upon the consideration of the court of a defense to infringement asserted by that person or any other provision of law. Provides that any person who knowingly materially misrepresents that material on-line is infringing and shall be liable for any damages, including costs and attorney's fees, incurred by any person who relies upon such misrepresentation in removing, disabling, or blocking access to the material claimed to be infringing.",2025-08-21T16:14:18Z, 105-s-966,105,s,966,Biomaterials Access Assurance Act of 1997,Commerce,1997-06-26,1997-06-26,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Breaux, John B. [D-LA]",LA,D,B000780,0,"Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. (Sec. 5) Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications; (4) knew, or through reasonable inquiry could have known, of the application to which the raw material was to be put, the risks, and that the buyer or user was ignorant of the risks, but failed to warn the buyer or user; or (5) furnished raw materials that were defective. Declares that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. (Sec. 6) Sets forth procedures regarding dismissal of actions against suppliers. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.",2025-08-21T16:12:09Z, 105-hr-2071,105,hr,2071,Good Corporate Citizenship and Federal Procurement Incentives Act,Commerce,1997-06-25,1997-07-16,Referred to the Subcommittee on International Economic Policy and Trade.,House,"Rep. Sanders, Bernard [I-VT-At Large]",VT,I,S000033,4,"Good Corporate Citizenship and Federal Procurement Incentives Act - Directs Directs the heads of Federal agencies, when entering into contracts to procure goods and services, to give preference to contracting with entities that have adopted certain environmental and fair employment principles under a corporate code of conduct. Requires the Federal Acquisition Regulation to include standards with respect to such preference. Directs the Secretary of Commerce, the Overseas Private Investment Corporation (OPIC), the Trade and Development Agency, and the Export-Import Bank of the United States, in providing certain foreign trade and investment assistance, to give preference to entities that have adopted the corporate code of conduct. Declares the sense of the Congress prescribing such code of conduct, including principles with respect to: (1) a safe and healthy workplace; (2) fair employment, including avoidance of child and forced labor, or of discrimination based upon race, gender, national origin, or religious beliefs; (3) the right to organize and bargain collectively; (4) payment of a living wage to all workers; (5) responsible environmental protection and environmental practices; (6) good business practice laws, including laws prohibiting illicit payments and ensuring fair competition; (7) free expression consistent with legitimate business concerns; (8) absence of political coercion in the workplace; (9) ethical conduct is recognized, valued, and exemplified by all employees; (10) contractual requirement of similar behavior by partners, suppliers, and subcontractors; and (11) specified implementation and compliance monitoring procedures. Directs the head of each Federal agency to review and report annually to the Congress on each entity that has received a preference to determine whether it is in compliance with the code. Authorizes any person to file a petition with the Secretary of Commerce requesting the withdrawal, suspension, or limitation of the preference awarded to an entity that is alleged not to be in compliance with the code. Provides for the judicial review of such determinations.",2026-03-23T12:17:56Z, 105-s-956,105,s,956,Welfare-to-Work Microloan Pilot Program Act of 1997,Commerce,1997-06-25,1997-06-25,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Kerry, John F. [D-MA]",MA,D,K000148,10,Welfare-to-Work Microloan Pilot Program Act of 1997 - Amends the Small Business Act to establish under the Microloan Demonstration Program a welfare-to-work microloan pilot program which increases the technical assistance grants provided to individuals receiving assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act or other comparable State-funded programs in order to assist such individuals in establishing small businesses and eliminating their dependence on such assistance. Allows such grants to be used to subsidize child care and transportation costs or to establish child or elder care centers. Directs the Small Business Administration to report annually to the small business committees on such pilot program. Authorizes appropriations for FY 1998 through 2000.,2025-08-21T16:13:31Z, 105-hr-2019,105,hr,2019,Consumer Disclosure and Rental Purchase Agreement Act,Commerce,1997-06-24,1997-07-14,Referred to the Subcommittee on Financial Institutions and Consumer Credit.,House,"Rep. Jones, Walter B., Jr. [R-NC-3]",NC,R,J000255,27,"Consumer Disclosure and Rental Purchase Agreement Act - Amends the Consumer Credit Protection Act to create a new title on rental purchase agreements. Declares that the title does not apply to rental-purchase agreements primarily for business, commercial, or agricultural purposes or made with Government instrumentalities. Regulates: (1) the content and manner of disclosures by merchants in rental-purchase agreements; and (2) the contents of rental-purchase agreements. Prohibits a rental-purchase agreement from containing specified inclusions. Sets forth provisions for: (1) receipts and accounts of rental payments; (2) renegotiations and extensions of rental-purchase agreements; and (3) the content of rental-purchase advertising. Imposes individual and class action civil liability for violations. Establishes merchant defenses and provides for the liability of merchant assignees. Mandates model disclosure forms and clauses. Preempts inconsistent State laws providing lesser consumer protection.",2025-08-21T16:12:38Z, 105-hr-1967,105,hr,1967,"To amend title 17, United States Code, to provide that the distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein.",Commerce,1997-06-19,1997-10-21,"Placed on the Union Calendar, Calendar No. 189.",House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,3,"Amends Federal copyright provisions to provide that the distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein.",2025-04-07T15:31:16Z, 105-hr-1985,105,hr,1985,Certified Development Company Enhancement and Improvement Act of 1997,Commerce,1997-06-19,1997-06-19,Referred to the House Committee on Small Business.,House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,5,"Certified Development Company Enhancement and Improvement Act of 1997 - Amends the Small Business Act to authorize appropriations for FY 1998 through 2000 for the certified development company (CDC) program of the Small Business Investment Act of 1958 (the Act). (Sec. 3) Amends the Act to limit the fee authorized to be assessed and collected by the Small Business Administration (SBA) for each loan made from the proceeds of SBA debentures to a specified percentage of the outstanding balance of the loan. Requires the amount of the fee authorized for administrative expenses under the CDC program to be established annually by the SBA in the minimal amount necessary to reduce to zero the SBA cost of purchasing and issuing debentures under the Act. Extends the applicability of the prescribed fees to financings approved before October 1, 2000. (Sec. 4) Repeals a provision limiting to 15 the number of CDC participants in the Premier Certified Lenders Program (Program). Revises requirements for Program participation and the required loss reserve for Program financings. Requires loss reserve replenishment within 30 days after its use. Requires companies participating in the Program to establish a goal of processing a minimum of at least 50 percent of their total loan applications for CDC program assistance pursuant to the Program. Revises the period for the promulgation of Program regulations and guidelines. (Sec. 12) Repeals a provision which provided for termination of the Program on October 1, 1997. (Sec. 13) Authorizes approved certified lenders to authorize, service, close, and liquidate loans under the Program. (Sec. 16) Allows up to 25 percent of a Program project for plant acquisition, construction, conversion, or expansion to be leased by the small business assisted under the project, provided such business meets specified conditions and requirements. Permits any development company assisted under a project to finance any required project down payment. Provides for property valuation of collateral being provided by a small business under a project.",2025-08-21T16:14:31Z, 105-s-929,105,s,929,Small Business Technology Transfer Act of 1997,Commerce,1997-06-18,1997-06-18,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Kerry, John F. [D-MA]",MA,D,K000148,7,Small Business Technology Transfer Act of 1997 - Amends the Small Business Act to authorize each Federal agency having an extramural budget in excess of $1 billion in FY 1998 through 2003 to expend with small businesses not less than .15 percent of such budget specifically for research-oriented small business technology transfer programs.,2025-08-21T16:12:03Z, 105-hr-1902,105,hr,1902,Charitable Donation Antitrust Immunity Act of 1997,Commerce,1997-06-17,1997-07-03,Became Public Law No: 105-26.,House,"Rep. Hyde, Henry J. [R-IL-6]",IL,R,H001022,12,"Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act. Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts. Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such. Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable. Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date. Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts.",2025-04-07T15:34:11Z, 105-s-921,105,s,921,Charitable Donation Antitrust Immunity Act of 1997,Commerce,1997-06-17,1997-06-17,Read twice and referred to the Committee on Judiciary.,Senate,"Sen. Coverdell, Paul [R-GA]",GA,R,C000813,2,"Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act. Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts. Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such. Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable. Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date. Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts.",2025-08-21T16:14:53Z, 105-s-925,105,s,925,A bill to provide authority for women' business centers to enter into contracts with Federal departments and agencies to provide specific assistance to women and other under-served small business concerns.,Commerce,1997-06-17,1997-06-17,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Coverdell, Paul [R-GA]",GA,R,C000813,0,Amends the Small Business Act to allow a women's business center to contract with a Federal department or agency to provide specific assistance to women and other underserved small businesses.,2025-04-07T13:47:46Z, 105-hr-1881,105,hr,1881,Tobacco Accountability Act,Commerce,1997-06-12,1997-06-18,Referred to the Subcommittee on Health and Environment.,House,"Rep. Waxman, Henry A. [D-CA-29]",CA,D,W000215,1,"Tobacco Accountability Act - Establishes the Tobacco Accountability Board. Requires tobacco manufacturers to submit to the Board within a specified time all documents in their possession relating to: (1) health effects of tobacco use, including addiction; (2) control of nicotine in tobacco products; (3) tobacco product marketing to children; and (4) a specified legal action. Requires the Board to: (1) make such information available to the public within a specified time; and (2) investigate and report annually on all matters relating to the tobacco industry. Requires tobacco manufacturers to permit a Board-designated representative to attend and participate in their board or executive meetings. Amends the Federal Food, Drug, and Cosmetic Act to require compliance with this Act.",2025-08-21T16:13:50Z, 105-s-888,105,s,888,Women's Business Centers Act of 1997,Commerce,1997-06-12,1997-06-12,Read twice and referred to the Committee on Small Business.,Senate,"Sen. Domenici, Pete V. [R-NM]",NM,R,D000407,25,"Women's Business Centers Act of 1997- Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office Of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs.",2025-08-21T16:14:24Z, 105-hr-1734,105,hr,1734,Certified Development Company Enhancement and Improvement Act of 1997,Commerce,1997-05-22,1997-05-22,Referred to the House Committee on Small Business.,House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,2,"Certified Development Company Enhancement and Improvement Act of 1997 - Amends the Small Business Act to authorize appropriations for FY 1998 through 2000 for the certified development company (CDC) program of the Small Business Investment Act of 1958 (the Act). (Sec. 3) Amends the Act to limit the fee authorized to be assessed and collected by the Small Business Administration (SBA) for each loan made from the proceeds of SBA debentures to a specified percentage of the outstanding balance of the loan. Requires the amount of the fee authorized for administrative expenses under the CDC program to be established annually by the SBA in the minimal amount necessary to reduce to zero the SBA cost of purchasing and issuing debentures under the Act. Extends the applicability of the prescribed fees to financings approved before October 1, 2000. (Sec. 4) Repeals a provision limiting to 15 the number of CDC participants in the Premier Certified Lenders Program (Program). Revises requirements for Program participation and the required loss reserve for Program financings. Requires loss reserve replenishment within 30 days after its use. Requires companies participating in the Program to establish a goal of processing a minimum of at least 50 percent of their total loan applications for CDC program assistance pursuant to the Program. Revises the period for the promulgation of Program regulations and guidelines. (Sec. 12) Repeals a provision which provided for termination of the Program on October 1, 1997. (Sec. 13) Authorizes approved certified lenders to authorize, service, close, and liquidate loans under the Program. (Sec. 16) Allows up to 25 percent of a Program project for plant acquisition, construction, conversion, or expansion to be leased by the small business assisted under the project, provided such business meets specified conditions and requirements. Permits any development company assisted under a project to finance any required project down payment. Provides for property valuation of collateral being provided by a small business under a project.",2025-08-21T16:11:34Z, 105-hr-1744,105,hr,1744,Freedom of Movement for Baseball Teams Act of 1997,Commerce,1997-05-22,1997-05-22,Referred to the House Committee on the Judiciary.,House,"Rep. Schumer, Charles E. [D-NY-9]",NY,D,S000148,1,"Freedom of Movement for Baseball Teams Act of 1997 - Denies immunity from liability under the antitrust laws to an owner of all or part of a team of major league professional baseball players (team) for entering into, performing, or enforcing a contract that is made by two or more team owners (or two or more leagues composed of such teams) that provides for one or more of such owners (or leagues) to determine the location at which a team of major league professional baseball players plays its regular season home games.",2025-08-21T16:14:10Z, 105-hconres-85,105,hconres,85,Expressing the sense of Congress that the Small Business Administration should appoint a commission to examine the credit needs of small business concerns.,Commerce,1997-05-21,1997-05-21,Referred to the House Committee on Small Business.,House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,0,"Expresses the sense of the Congress that a blue ribbon commission should: (1) be appointed by the Administrator of the Small Business Administration (SBA) to examine the small business need for credit and the ability of the Federal Government to assist in meeting that need; (2) include individuals with expertise in the delivery of financial assistance to small businesses and their associations; (3) include representatives of the SBA, without being regarded as a Federal entity; (4) evaluate the disparate credit needs of different types of businesses and their locale, examine the broadest range of possible solutions, and provide conclusions and recommendations thereon; and (5) provide a written report within 30 days evaluating short term solutions and within six months evaluating longer range solutions.",2024-02-07T15:46:26Z, 105-hr-1693,105,hr,1693,Women's Business Centers Act of 1997,Commerce,1997-05-21,1997-05-21,Referred to the House Committee on Small Business.,House,"Rep. Johnson, Nancy L. [R-CT-6]",CT,R,J000163,24,"Women's Business Centers Act of 1997 - Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs.",2025-08-21T16:11:49Z, 105-hr-1661,105,hr,1661,Trademark Law Treaty Implementation Act,Commerce,1997-05-20,1997-07-23,Received in the Senate and read twice and referred to the Committee on Judiciary.,House,"Rep. Coble, Howard [R-NC-6]",NC,R,C000556,0,"Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Adds: (1) functional trademarks to the list of trademarks which may be cancelled at any time; and (2) functionality to the list of defenses to infringement in cases involving incontestable registrations. Expands remedies for cases involving the willful dilution of famous trademarks to authorize the award of damages and the destruction of infringing articles for such violation.",2025-07-21T19:32:26Z, 105-hconres-80,105,hconres,80,"Relating to maintaining the current standard behind the ""Made in USA"" label, in order to protect consumers and jobs in the United States.",Commerce,1997-05-15,1997-05-21,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Franks, Bob [R-NJ-7]",NJ,R,F000349,228,"Declares that the Congress: (1) maintains that the standard for the ""Made in USA"" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.",2024-02-05T14:30:09Z, 105-hr-1621,105,hr,1621,Copyright Term Extension Act of 1997,Commerce,1997-05-15,1997-05-29,Referred to the Subcommittee on Courts and Intellectual Property.,House,"Rep. Bono, Sonny [R-CA-44]",CA,R,B000622,0,"Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. (Sec. 2) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002. Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured. Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured. (Sec. 3) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. (Sec. 4) Declares that the distribution of phonorecords before January 1, 1978, shall not constitute publication of the musical work embodied therein for purposes of copyright infringement under the Copyright Act of 1909. Provides that this declaration shall not be a basis to reopen an action nor to commence a subsequent action for copyright infringement if an action in which such claim was raised was dismissed by final judgment before the date of enactment of this Act.",2025-08-21T16:11:12Z, 105-s-721,105,s,721,Personal Computer Truth in Advertising Act of 1997,Commerce,1997-05-08,1997-05-08,Read twice and referred to the Committee on Commerce.,Senate,"Sen. Torricelli, Robert G. [D-NJ]",NJ,D,T000317,0,"Personal Computer Truth in Advertising Act of 1997 - Directs the Federal Trade Commission (FTC) to conduct a study of the marketing and advertising practices of manufacturers and retailers of personal computers. Requires the FTC to give particular emphasis to determining: (1) whether the practice of the advertising of the internal speed of a CPU in megahertz, without mentioning the external speed of a CPU, could be considered to be an unfair or deceptive practice, within the meaning of section 5 of the Federal Trade Commission Act; and (2) the extent to which the practice is used in the marketing and advertising of personal computers.",2025-08-21T16:12:56Z, 105-hr-1523,105,hr,1523,To amend the Small Business Act to exempt subcontracts for dredging activities from local buy requirements under the business development program authorized by section 8(a) of that Act.,Commerce,1997-05-01,1997-05-01,Referred to the House Committee on Small Business.,House,"Rep. Hoekstra, Peter [R-MI-2]",MI,R,H000676,0,Amends the Small Business Act to exempt subcontracts for dredging activities from the requirement that subcontracts awarded by the Small Business Administration be awarded within the county or State where the work is to be performed.,2024-02-07T15:46:26Z, 105-hr-1495,105,hr,1495,"To amend section 29 of the Small Business Act, and for other purposes.",Commerce,1997-04-30,1997-04-30,Referred to the House Committee on Small Business.,House,"Rep. LaFalce, John J. [D-NY-29]",NY,D,L000556,11,"Amends the Small Business Act to authorize the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct three-year women's business development programs (currently called demonstration projects) for the benefit of small businesses owned and controlled by women. Deletes provisions concerning possible non-Federal source cash contributions to such organizations for such programs received on or before FY 1993. Repeals a provision prohibiting the SBA from providing such assistance to any new project after October 1, 1997.",2024-02-07T15:46:26Z, 105-s-648,105,s,648,Product Liability Reform Act of 1997,Commerce,1997-04-24,1998-07-09,Returned to the Calendar. Calendar No. 90. (consideration: CR S7913),Senate,"Sen. Gorton, Slade [R-WA]",WA,R,G000333,10,"TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for: (1) commercial loss actions; (2) civil negligent entrustment actions; and (3) any dramshop or third-party liability actions arising from the sale or provision of alcohol to intoxicated persons or minors. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the defendant proves that the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Excludes from the term ""claimant,"" for this title, anyone who alleges harm caused by a silicone gel breast implant. (Sec. 204) Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.",2025-04-07T15:31:45Z, 105-hr-1340,105,hr,1340,Corporate Responsibility Act of 1997,Commerce,1997-04-15,1997-04-28,Referred to the Subcommittee on Risk Management and Specialty Crops.,House,"Rep. Visclosky, Peter J. [D-IN-1]",IN,D,V000108,5,"TABLE OF CONTENTS: Title I: Corporate Tax and Other Provisions Subtitle A: Tax Provisions Subtitle B: Agricultural-Related Provisions Subtitle C: Other Subsidies Title II: Mineral Exploration and Development Subtitle A: Mineral Exploration and Development Subtitle B: Environmental Considerations of Mineral Exploration and Development Subtitle C: Abandoned Locatable Minerals Mine Reclamation Fund Subtitle D: Administrative and Miscellaneous Provisions Title III: Revenues Dedicated to Deficit Reduction Corporate Responsibility Act of 1997 - Title I: Corporate Tax and Other Provisions - Subtitle A: Tax Provisions - Amends the Internal Revenue Code to: (1) eliminate the exclusion of certain income of foreign sales corporations; (2) repeal alcohol fuel incentives; and (3) revise rules concerning the source of income from the sale of inventory property. Subtitle B: Agricultural-Related Provisions - Amends the Reclamation Project Act of 1939 to require the payment of the full cost for the delivery of water used for the production of surplus crops. (Sec. 112) Amends the Agricultural Trade Act of 1978 to repeal: (1) title III (Export Enhancement Program); and (2) the market promotion program provisions. (Sec. 114) Amends the Agricultural Act of 1949 to repeal tobacco price supports. Subtitle C: Other Subsidies - Amends the National Institute of Standards and Technology Act to eliminate the Advanced Technology Program. (Sec. 122) Amends the Tennessee Valley Authority Act of 1933 to declare that no appropriations are authorized to carry out the Act after September 30, 1997. (Sec. 123) Amends the Act commonly known as the National Forest Roads and Trails Act to prohibit: (1) the provision of effective purchaser road credits; and (2) Federal funding for any forest road principally used for logging. (Sec. 124) Prohibits the provision of Federal funds to, or for the benefit of, the International Monetary Fund, pursuant to the New Arrangements to Borrow of the International Monetary Fund. Title II: Mineral Exploration and Development - Subtitle A: Mineral Exploration and Development - Mineral Exploration and Development Act of 1997 - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims located or converted and maintained under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 205) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 206) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act (""converted mining claims""). (Sec. 207) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 208) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 209) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Subtitle B: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 215) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 217) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 218) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 219) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Subtitle C: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund), to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement, for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 233) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 236) Subjects the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act to a royalty scheme of eight percent of the net smelter return. Subtitle D: Administrative and Miscellaneous Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 242) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 243) Prescribes procedural guidelines for the publication of an application for an operations permit and the public participation requirements. (Sec. 244) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 246) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 247) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 251) Adjusts the dollar amounts established under this Act according to a certain inflation formula. (Sec. 255) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 256) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 257) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal law: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 258) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 259) Requires recipients of funds under this Act to comply with the ""Buy American Act."" (Sec. 260) Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. (Sec. 261) Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a ""Made in America"" label to a product that is not U.S.-made. (Sec. 263) Declares that court-awarded compensation for a Federal taking under the fifth amendment of the Constitution shall be paid from the Fund. (Sec. 264) Directs the Secretary of the Interior to report annually to the Congress on the percentage of each mining claim held by a foreign firm. Title III: Revenues Dedicated to Deficit Reduction - Prohibits any changes in revenues or direct spending resulting from the enactment of this Act from being counted for purposes of specified provisions of the Emergency Deficit Control Act of 1985.",2025-08-21T16:12:30Z, 105-hr-1301,105,hr,1301,Child Labor Free Consumer Information Act of 1997,Commerce,1997-04-10,1997-04-29,"Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.",House,"Rep. Miller, George [D-CA-7]",CA,D,M000725,46,"TABLE OF CONTENTS: Title I: Child Labor Free Labeling Standards Title II: Child Labor Free Commission Title III: Recognition of Exemplary Corporate Efforts Title IV: Definitions Child Labor Free Consumer Information Act of 1997 - Title I: Child Labor Free Labeling Standards - Directs the Secretary of Labor to issue regulations to ensure that a label using any term or symbol denying the use of child labor does not make a false statement or suggestion that the article or section of wearing apparel or sporting good was not made with child labor. Requires such standards to encourage the use of an easily identifiable symbol or term indicating that the article or section of wearing apparel or sporting good was not made with child labor. (Sec. 101) Requires a producer, importer, exporter, distributor, or other person intending to use any such label to notify the Child Labor Free Commission (CLFC, established under title II of this Act) specified source information. Requires the Commission to review the notification and inform the Secretary, whose permission is required for use of such label. Authorizes the Secretary to charge a fee to cover the CLFC's notification review expenses. Makes it a violation of the Federal Trade Commission Act (FTCA) for any producer, importer, exporter, distributor, or seller of any article or section of wearing apparel or sporting good that is exported from or offered for sale in the United States to falsely indicate on the label or the packaging, or in the advertising, or otherwise falsely claim or suggest, that the item was not made with child labor. Amends FTCA to prescribe civil penalties for such violations. Establishes in the Treasury the Free the Children Fund for receipt of such penalties. Authorizes annual appropriations from the Fund for educational and other programs to eliminate child labor. Authorizes the CLFC to: (1) develop labeling standards similar to the labeling standards developed for any industry that is not otherwise covered under this Act; and (2) recommend their promulgation to the Secretary, so that this Act and the FTCA shall also apply to the labeling covered by those standards. (Sec. 102) Directs the CLFC to assist the Federal Trade Commission (FTC) by reviewing petitions alleging violations of the labeling standards under this Act. Provides, on the basis of CLFC violation reports, for: (1) the Secretary's temporary withdrawal of permission to use such labels; and (2) the FTC's issuance of cease and desist orders. Title II: Child Labor Free Commission - Establishes the Child Labor Free Commission (CLFC) to: (1) assist the Secretary in developing child labor free labeling standards, and in developing and implementing a compliance system; and (2) commence developing an easily identifiable labeling standard that the Secretary of Labor may issue to encourage the use of voluntary labels informing consumers that an article of wearing apparel or sporting good was made without the use of sweatshop or exploited adult labor. Title III: Recognition of Exemplary Corporate Efforts - Directs the Secretary to: (1) report annually on companies making exemplary progress in ensuring that products they make, sell, or distribute are not made with abusive and exploitative child labor; and (2) develop and implement, with the CLFC, other methods of recognizing such exemplary company programs. Title IV: Definitions - Defines child as an individual who has not attained the age of: (1) 15 years, as measured by the Julian calendar; or (2) 14 such years, for a resident of a country that, by law, so defines a child.",2025-08-21T16:14:23Z, 105-hres-110,105,hres,110,"Expressing the sense of the House of Representatives that the Departments of the Treasury, Defense, Commerce, and Labor should take steps to assist in increasing the competitiveness of the United States electronic interconnection industry.",Commerce,1997-04-10,1997-04-28,"Referred to the Subcommittee on Postsecondary Education, Training and Life-Long Learning.",House,"Rep. Franks, Bob [R-NJ-7]",NJ,R,F000349,16,"Calls for: (1) the Department of the Treasury, in order to assist in ensuring the financial soundness of the U.S. electronic interconnection industry, to develop an accelerated depreciation schedule to accurately reflect the depreciation of equipment used by the industry; (2) the Department of Defense to develop a dual-use technology program with the industry to upgrade the industry's technological capabilities; (3) the International Trade Administration of the Department of Commerce to develop a joint industry-Government program to expand the export of goods and services of such industry; (4) the Department of Labor to develop a joint program with the industry to upgrade the training and skill levels of industry workers; and (5) the Secretaries of the Treasury, Defense, Commerce, and Labor to report to the Congress on any actions taken within their jurisdictions to increase industry competitiveness.",2025-07-21T19:44:15Z,