15 USC 4305(d): Information submitted under the National Cooperative Research and Production Act of 1993

          
Sec. 4305. Disclosure of joint venture
(a) Written notifications; filing

    (1) Any party to a joint venture, acting on such venture's behalf, 
may, not later than 90 days after entering into a written agreement to 
form such venture or not later than 90 days after October 11, 1984, 
whichever is later, file simultaneously with the Attorney General and 
the Commission a written notification disclosing--
        (A) the identities of the parties to such venture,
        (B) the nature and objectives of such venture, and
        (C) if a purpose of such venture is the production of a product, 
    process, or service, as referred to in section 4301(a)(6)(D) of this 
    title, the identity and nationality of any person who is a party to 
    such venture, or who controls any party to such venture whether 
    separately or
    with one or more other persons acting as a group for the purpose of 
    controlling such party.

Any party to such venture, acting on such venture's behalf, may file 
additional disclosure notifications pursuant to this section as are 
appropriate to extend the protections of section 4303 of this title. In 
order to maintain the protections of section 4303 of this title, such 
venture shall, not later than 90 days after a change in its membership, 
file simultaneously with the Attorney General and the Commission a 
written notification disclosing such change.
    (2) A standards development organization may, not later than 90 days 
after commencing a standards development activity engaged in for the 
purpose of developing or promulgating a \1\ voluntary consensus 
standards or not later than 90 days after June 22, 2004, whichever is 
later, file simultaneously with the Attorney General and the Commission, 
a written notification disclosing--
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
        (A) the name and principal place of business of the standards 
    development organization, and
        (B) documents showing the nature and scope of such activity.

Any standards development organization may file additional disclosure 
notifications pursuant to this section as are appropriate to extend the 
protections of section 4303 of this title to standards development 
activities that are not covered by the initial filing or that have 
changed significantly since the initial filing.

(b) Publication; Federal Register; notice

    Except as provided in subsection (e) of this section, not later than 
30 days after receiving a notification filed under subsection (a) of 
this section, the Attorney General or the Commission shall publish in 
the Federal Register a notice with respect to such venture that 
identifies the parties to such venture and that describes in general 
terms the area of planned activity of such venture, or a notice with 
respect to such standards development activity that identifies the 
standards development organization engaged in such activity and that 
describes such activity in general terms. Prior to its publication, the 
contents of such notice shall be made available to the parties to such 
venture or available to such organization, as the case may be.

(c) Effect of notice

    If with respect to a notification filed under subsection (a) of this 
section, notice is published in the Federal Register, then such 
notification shall operate to convey the protections of section 4303 of 
this title as of the earlier of--
        (1) the date of publication of notice under subsection (b) of 
    this section, or
        (2) if such notice is not so published within the time required 
    by subsection (b) of this section, after the expiration of the 30-
    day period beginning on the date the Attorney General or the 
    Commission receives the applicable information described in 
    subsection (a) of this section.

        

            
 
          

(d) Exemption; disclosure; information

    Except with respect to the information published pursuant to 
subsection (b) of this section--
        (1) all information and documentary material submitted as part 
    of a notification filed pursuant to this section, and
        (2) all other information obtained by the Attorney General or 
    the Commission in the course of any investigation, administrative 
    proceeding, or case, with respect to a potential violation of the 
    antitrust laws by the joint venture, or the standards development 
    activity, with respect to which such notification was filed,

shall be exempt from disclosure under section 552 of title 5, and shall 
not be made publicly available by any agency of the United States to 
which such section applies except in a judicial or administrative 
proceeding in which such information and material is subject to any 
protective order.

(e) Withdrawal of notification

    Any person or standards development organization that files a 
notification pursuant to this section may withdraw such notification 
before notice of the joint venture involved is published under 
subsection (b) of this section. Any notification so withdrawn shall not 
be subject to subsection (b) of this section and shall not confer the 
protections of section 4303 of this title on any person or any standards 
development organization with respect to whom such notification was 
filed.

(f) Judicial review; inapplicable with respect to notifications

    Any action taken or not taken by the Attorney General or the 
Commission with respect to notifications filed pursuant to this section 
shall not be subject to judicial review.

(g) Admissibility into evidence; disclosure of conduct; publication of 
        notice; supporting or answering claims under antitrust laws

    (1) Except as provided in paragraph (2), for the sole purpose of 
establishing that a person or standards development organization is 
entitled to the protections of section 4303 of this title, the fact of 
disclosure of conduct under subsection (a) of this section and the fact 
of publication of a notice under subsection (b) of this section shall be 
admissible into evidence in any judicial or administrative proceeding.
    (2) No action by the Attorney General or the Commission taken 
pursuant to this section shall be admissible into evidence in any such 
proceeding for the purpose of supporting or answering any claim under 
the antitrust laws or under any State law similar to the antitrust laws.

(Pub. L. 98-462, Sec. 6, Oct. 11, 1984, 98 Stat. 1818; Pub. L. 103-42, 
Sec. 3(f), June 10, 1993, 107 Stat. 119; Pub. L. 108-237, title I, 
Sec. 107, June 22, 2004, 118 Stat. 664.)
                               Amendments

    2004--Subsec. (a). Pub. L. 108-237, Sec. 107(1), designated existing 
provisions as par. (1), redesignated former pars. (1) to (3) as subpars. 
(A) to (C), respectively, of par. (1), and added par. (2).
    Subsec. (b). Pub. L. 108-237, Sec. 107(2), inserted ``, or a notice 
with respect to such standards development activity that identifies the 
standards development organization engaged in such activity and that 
describes such activity in general terms'' before period at end of first 
sentence and ``or available to such organization, as the case may be'' 
before period at end of last sentence.
    Subsec. (d)(2). Pub. L. 108-237, Sec. 107(3), inserted ``, or the 
standards development activity,'' after ``venture''.
    Subsec. (e). Pub. L. 108-237, Sec. 107(4), substituted ``person or 
standards development organization that'' for ``person who'' and 
inserted ``or any standards development organization'' after ``on any 
person''.
    Subsec. (g)(1). Pub. L. 108-237, Sec. 107(5), inserted ``or 
standards development organization'' after ``person''.
    1993--Pub. L. 103-42, Sec. 3(f)(1), substituted ``joint venture'' 
for ``joint research and development venture'' in section catchline.
    Subsec. (a). Pub. L. 103-42, Sec. 3(f)(2), (3), substituted ``joint 
venture'' for ``joint research and development venture'' and ``October 
11, 1984'' for ``the date of the enactment of this Act'' and added par. 
(3).
    Subsecs. (d)(2), (e). Pub. L. 103-42, Sec. 3(f)(3), substituted 
``joint venture'' for ``joint research and development venture''.
       Reports on Joint Ventures and United States Competitiveness

    Section 4 of Pub. L. 103-42 provided that:
    ``(a) Purpose.--The purpose of the reports required by this section 
is to inform Congress and the American people of the effect of the 
National Cooperative Research and Production Act of 1993 [15 U.S.C. 4301 
et seq.] on the competitiveness of the United States in key 
technological areas of research, development, and production.
    ``(b) Annual Report by the Attorney General.--In the 30-day period 
beginning at each 1-year interval in the 6-year period beginning on the 
date of the enactment of this Act [June 10, 1993], the Attorney General 
shall submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate--
        ``(1) a list of joint ventures for which notice was filed under 
    section 6(a) of the National Cooperative Research and Production Act 
    of 1993 [15 U.S.C. 4305(a)] during the 12-month period for which 
    such report is made, including--
            ``(A) the purpose of each joint venture;
            ``(B) the identity of each party described in section 
        6(a)(1) of such Act; and
            ``(C) the identity and nationality of each person described 
        in section 6(a)(3) of such Act; and
        ``(2) a list of cases and proceedings, if any, brought during 
    such period under the antitrust laws by the Department of Justice, 
    and by the Federal Trade Commission, with respect to joint ventures 
    for which notice was filed under such section at any time.
    ``(c) Triennial Report by the Attorney General.--In the 30-day 
period beginning at each 3-year interval in the 6-year period beginning 
on the date of the enactment of this Act [June 10, 1993], the Attorney 
General, after consultation with such other agencies as the Attorney 
General considers to be appropriate, shall submit to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate a description of the technological areas most 
commonly pursued by joint ventures for production for which notice was 
filed under section 6(a) of the National Cooperative Research and 
Production Act of 1993 [15 U.S.C. 4305(a)] during the 3-year period for 
which such report is made, and an analysis of the trends in the 
competitiveness of United States industry in such areas.
    ``(d) Review of Antitrust Treatment Under Foreign Laws.--In the 
three 30-day periods beginning 1 year, 3 years, and 6 years after the 
date of the enactment of this Act [June 10, 1993], the Attorney General, 
after consultation with such other agencies as the Attorney General 
considers to be appropriate, shall submit to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate a report on the antitrust treatment of United 
States businesses with respect to participation in joint ventures for 
production, under the law of each foreign nation any of whose domestic 
businesses disclosed its nationality under section 6(a)(3) of the 
National Cooperative Research and Production Act of 1993 [15 U.S.C. 
4305(a)(3)] at any time.''