118 STAT. 664 PUBLIC LAW 108–237—JUNE 22, 2004 (1) in subsections (a)(1), (b)(1), and (c)(1) by inserting ‘‘, or for a standards development activity engaged in by a stand ards development organization against which such claim is made’’ after ‘‘joint venture’’, (2) in subsection (e)— (A) by inserting ‘‘, or of a standards development activity engaged in by a standards development organiza tion’’ before the period at the end, and (B) by redesignating such subsection as subsection (f), and (3) by inserting after subsection (d) the following: ‘‘(e) Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who— ‘‘(1) directly (or through an employee or agent) participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, ‘‘(2) is not a fulltime employee of the standards development organization that engaged in such activity, and ‘‘(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.’’. SEC. 106. ATTORNEY FEES. Section 5 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4304) is amended— (1) in subsection (a) by inserting ‘‘, or of a standards development activity engaged in by a standards development organization’’ after ‘‘joint venture’’, and (2) by adding at the end the following: ‘‘(c) Subsections (a) and (b) shall not apply with respect to any person who— ‘‘(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, ‘‘(2) is not a fulltime employee of a standards development organization that engaged in such activity, and ‘‘(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.’’. SEC. 107. DISCLOSURE OF STANDARDS DEVELOPMENT ACTIVITY. Section 6 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4305) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, (B) by inserting ‘‘(1)’’ after ‘‘(a)’’, and (C) by adding at the end the following: ‘‘(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 voluntary con sensus standards or not later than 90 days after the date of the enactment of the Standards Development Organization Advance ment Act of 2004, whichever is later, file simultaneously with Deadline.
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