Notes on 15 U.S.C. § 1 : US Code - Notes

Search Notes on 15 U.S.C. § 1 : US Code - Notes

(July 2, 1890, ch. 647, Sec. 1, 26 Stat. 209; Aug. 17, 1937, ch.
690, title VIII, 50 Stat. 693; July 7, 1955, ch. 281, 69 Stat. 282;
Pub. L. 93-528, Sec. 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L. 94-
145, Sec. 2, Dec. 12, 1975, 89 Stat. 801; Pub. L. 101-588, Sec.
4(a), Nov. 16, 1990, 104 Stat. 2880; Pub. L. 108-237, title II,
Sec. 215(a), June 22, 2004, 118 Stat. 668.)
AMENDMENTS
2004 - Pub. L. 108-237 substituted "$100,000,000" for
"$10,000,000", "$1,000,000" for "$350,000", and "10" for "three".
1990 - Pub. L. 101-588 substituted "$10,000,000" for "one million
dollars" and "$350,000" for "one hundred thousand dollars".
1975 - Pub. L. 94-145 struck out from first sentence two provisos
granting anti-trust exemption to State fair trade laws.
1974 - Pub. L. 93-528 substituted "a felony, and, on conviction
thereof, shall be punished by fine not exceeding one million
dollars if a corporation, or, if any other person, one hundred
thousand dollars, or by imprisonment not exceeding three years" for
"a misdemeanor, and on conviction thereof, shall be punished by
fine not exceeding fifty thousand dollars, or by imprisonment not
exceeding one year".
1955 - Act July 7, 1955, substituted "fifty thousand dollars" for
"five thousand dollars".
1937 - Act Aug. 17, 1937, inserted two provisos.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-72, Sec. 4, Nov. 20, 2001, 115 Stat. 650, provided
that: "This Act [enacting and amending provisions set out as notes
under this section] and the amendments made by this Act shall take
effect on September 30, 2001."
EFFECTIVE DATE OF 1975 AMENDMENT
Section 4 of Pub. L. 94-145 provided that: "The amendments made
by sections 2 and 3 of this Act [amending this section and section
45 of this title] shall take effect upon the expiration of the
ninety-day period which begins on the date of enactment of this Act
[Dec. 12, 1975]."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-237, title II, Sec. 201, June 22, 2004, 118 Stat.
665, provided that: "This title [amending this section and sections
2, 3, and 16 of this title and enacting provisions set out as notes
under this section and section 16 of this title] may be cited as
the 'Antitrust Criminal Penalty Enhancement and Reform Act of
2004'."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-273, div. C, title IV, Sec. 14101, Nov. 2, 2002, 116
Stat. 1921, provided that: "This title [amending sections 3, 12,
27, and 44 of this title, section 225 of Title 7, Agriculture,
section 1413 of Title 30, Mineral Lands and Mining, and section
2135 of Title 42, The Public Health and Welfare, repealing sections
30 and 31 of this title, enacting provisions set out as a note
under section 3 of this title, amending provisions set out as notes
under this section and section 8 of this title, and repealing
provisions set out as notes under section 15 of this title and
section 41309 of Title 49, Transportation] may be cited as the
'Antitrust Technical Corrections Act of 2002'."
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-72, Sec. 1, Nov. 20, 2001, 115 Stat. 648, provided
that: "This Act [enacting and amending provisions set out as notes
under this section] may be cited as the 'Need-Based Educational Aid
Act of 2001'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-297, Sec. 1, Oct. 27, 1998, 112 Stat. 2824, provided
that: "This Act [enacting section 26b of this title and provisions
set out as a note under section 26b of this title] may be cited as
the 'Curt Flood Act of 1998'."
SHORT TITLE OF 1997 AMENDMENTS
Pub. L. 105-43, Sec. 1, Sept. 17, 1997, 111 Stat. 1140, provided
that: "This Act [enacting and amending provisions set out as notes
below] may be cited as the 'Need-Based Educational Aid Antitrust
Protection Act of 1997'."
Pub. L. 105-26, Sec. 1, July 3, 1997, 111 Stat. 241, provided
that: "This Act [amending sections 37 and 37a of this title and
enacting provisions set out as notes under section 37 of this
title] may be cited as the 'Charitable Donation Antitrust Immunity
Act of 1997'."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-63, Sec. 1, Dec. 8, 1995, 109 Stat. 687, provided
that: "This Act [enacting sections 37 and 37a of this title and
provisions set out as a note under section 37 of this title] may be
cited as the 'Charitable Gift Annuity Antitrust Relief Act of
1995'."
SHORT TITLE OF 1990 AMENDMENT
Section 1 of Pub. L. 101-588 provided: "That this Act [amending
this section and sections 2, 3, 15a, and 19 of this title and
repealing section 20 of this title] may be cited as the 'Antitrust
Amendments Act of 1990'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-544, Sec. 1, Oct. 24, 1984, 98 Stat. 2750, provided:
"That this Act [enacting sections 34 to 36 of this title and
provisions set out as a note under section 34 of this title] may be
cited as the 'Local Government Antitrust Act of 1984'."
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-290, title IV, Sec. 401, Oct. 8, 1982, 96 Stat. 1246,
provided that: "This title [enacting section 6a of this title and
amending section 45 of this title] may be cited as the 'Foreign
Trade Antitrust Improvements Act of 1982'."
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96-493, Sec. 1, Dec. 2, 1980, 94 Stat. 2568, provided:
"That this Act [enacting section 26a of this title] may be cited as
the 'Gasohol Competition Act of 1980'."
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94-435, Sept. 30, 1976, 90 Stat. 1383,
provided: "That this Act [enacting sections 15c to 15h, 18a, and 66
of this title, amending sections 12, 15b, 16, 26, and 1311 to 1314
of this title, section 1505 of Title 18, Crimes and Criminal
Procedure, and section 1407 of Title 28, Judiciary and Judicial
Procedure, and enacting provisions set out as notes under sections
8, 15c, 18a, and 1311 of this title] may be cited as the 'Hart-
Scott-Rodino Antitrust Improvements Act of 1976'."
SHORT TITLE OF 1975 AMENDMENT
Section 1 of Pub. L. 94-145 provided: "That this Act [amending
this section and section 45 of this title and enacting provisions
set out as a note under this section] may be cited as the 'Consumer
Goods Pricing Act of 1975'."
SHORT TITLE OF 1974 AMENDMENT
Section 1 of Pub. L. 93-528 provided: "That this Act [amending
this section and section 2, 3, 16, 28, and 29 of this title,
section 401 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, and sections 43, 44, and 45 of former Title 49,
Transportation, and enacting provisions set out as notes under this
section and section 29 of this title] may be cited as the
'Antitrust Procedures and Penalties Act'."
SHORT TITLE
Pub. L. 94-435, title III, Sec. 305(a), Sept. 30, 1976, 90 Stat.
1397, added immediately following the enacting clause of act July
2, 1890, the following: "That this Act [this section and sections 2
to 7 of this title] may be cited as the 'Sherman Act'."
ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES
Pub. L. 108-237, title II, Secs. 211-214, June 22, 2004, 118
Stat. 666, 667, provided that:
"SEC. 211. SUNSET.
"(a) In General. - Except as provided in subsection (b), the
provisions of sections 211 through 214 shall cease to have effect 5
years after the date of enactment of this Act [June 22, 2004].
"(b) Exception. - With respect to an applicant who has entered
into an antitrust leniency agreement on or before the date on which
the provisions of sections 211 through 214 of this subtitle [this
note] shall cease to have effect, the provisions of sections 211
through 214 of this subtitle shall continue in effect.
"SEC. 212. DEFINITIONS.
"In this subtitle [subtitle A (Secs. 211-215) of title II of Pub.
L. 108-237, amending this section and sections 2 and 3 of this
title and enacting this note]:
"(1) Antitrust division. - The term 'Antitrust Division' means
the United States Department of Justice Antitrust Division.
"(2) Antitrust leniency agreement. - The term 'antitrust
leniency agreement,' or 'agreement,' means a leniency letter
agreement, whether conditional or final, between a person and the
Antitrust Division pursuant to the Corporate Leniency Policy of
the Antitrust Division in effect on the date of execution of the
agreement.
"(3) Antitrust leniency applicant. - The term 'antitrust
leniency applicant,' or 'applicant,' means, with respect to an
antitrust leniency agreement, the person that has entered into
the agreement.
"(4) Claimant. - The term 'claimant' means a person or class,
that has brought, or on whose behalf has been brought, a civil
action alleging a violation of section 1 or 3 of the Sherman Act
[15 U.S.C. 1, 3] or any similar State law, except that the term
does not include a State or a subdivision of a State with respect
to a civil action brought to recover damages sustained by the
State or subdivision.
"(5) Cooperating individual. - The term 'cooperating
individual' means, with respect to an antitrust leniency
agreement, a current or former director, officer, or employee of
the antitrust leniency applicant who is covered by the agreement.
"(6) Person. - The term 'person' has the meaning given it in
subsection (a) of the first section of the Clayton Act [15 U.S.C.
12(a)].
"SEC. 213. LIMITATION ON RECOVERY.
"(a) In General. - Subject to subsection (d), in any civil action
alleging a violation of section 1 or 3 of the Sherman Act [15
U.S.C. 1, 3], or alleging a violation of any similar State law,
based on conduct covered by a currently effective antitrust
leniency agreement, the amount of damages recovered by or on behalf
of a claimant from an antitrust leniency applicant who satisfies
the requirements of subsection (b), together with the amounts so
recovered from cooperating individuals who satisfy such
requirements, shall not exceed that portion of the actual damages
sustained by such claimant which is attributable to the commerce
done by the applicant in the goods or services affected by the
violation.
"(b) Requirements. - Subject to subsection (c), an antitrust
leniency applicant or cooperating individual satisfies the
requirements of this subsection with respect to a civil action
described in subsection (a) if the court in which the civil action
is brought determines, after considering any appropriate pleadings
from the claimant, that the applicant or cooperating individual, as
the case may be, has provided satisfactory cooperation to the
claimant with respect to the civil action, which cooperation shall
include -
"(1) providing a full account to the claimant of all facts
known to the applicant or cooperating individual, as the case may
be, that are potentially relevant to the civil action;
"(2) furnishing all documents or other items potentially
relevant to the civil action that are in the possession, custody,
or control of the applicant or cooperating individual, as the
case may be, wherever they are located; and
"(3)(A) in the case of a cooperating individual -
"(i) making himself or herself available for such interviews,
depositions, or testimony in connection with the civil action
as the claimant may reasonably require; and
"(ii) responding completely and truthfully, without making
any attempt either falsely to protect or falsely to implicate
any person or entity, and without intentionally withholding any
potentially relevant information, to all questions asked by the
claimant in interviews, depositions, trials, or any other court
proceedings in connection with the civil action; or
"(B) in the case of an antitrust leniency applicant, using its
best efforts to secure and facilitate from cooperating
individuals covered by the agreement the cooperation described in
clauses (i) and (ii) and subparagraph (A).
"(c) Timeliness. - If the initial contact by the antitrust
leniency applicant with the Antitrust Division regarding conduct
covered by the antitrust leniency agreement occurs after a State,
or subdivision of a State, has issued compulsory process in
connection with an investigation of allegations of a violation of
section 1 or 3 of the Sherman Act [15 U.S.C. 1, 3] or any similar
State law based on conduct covered by the antitrust leniency
agreement or after a civil action described in subsection (a) has
been filed, then the court shall consider, in making the
determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's initial
cooperation with the claimant.
"(d) Continuation. - Nothing in this section shall be construed
to modify, impair, or supersede the provisions of sections 4, 4A,
and 4C of the Clayton Act [15 U.S.C. 15, 15a, 15c] relating to the
recovery of costs of suit, including a reasonable attorney's fee,
and interest on damages, to the extent that such recovery is
authorized by such sections.
"SEC. 214. RIGHTS, AUTHORITIES, AND LIABILITIES NOT AFFECTED.
"Nothing in this subtitle [subtitle A (Secs. 211-215) of title II
of Pub. L. 108-237, amending this section and sections 2 and 3 of
this title and enacting this note] shall be construed to -
"(1) affect the rights of the Antitrust Division to seek a stay
or protective order in a civil action based on conduct covered by
an antitrust leniency agreement to prevent the cooperation
described in section 213(b) from impairing or impeding the
investigation or prosecution by the Antitrust Division of conduct
covered by the agreement;
"(2) create any right to challenge any decision by the
Antitrust Division with respect to an antitrust leniency
agreement; or
"(3) affect, in any way, the joint and several liability of any
party to a civil action described in section 213(a), other than
that of the antitrust leniency applicant and cooperating
individuals as provided in section 213(a) of this title."
ANTITRUST MODERNIZATION COMMISSION
Pub. L. 107-273, div. C, title I, subtitle D, Nov. 2, 2002, 116
Stat. 1856, provided that:
"SEC. 11051. SHORT TITLE.
"This subtitle may be cited as the 'Antitrust Modernization
Commission Act of 2002'.
"SEC. 11052. ESTABLISHMENT.
"There is established the Antitrust Modernization Commission (in
this subtitle referred to as the 'Commission').
"SEC. 11053. DUTIES OF THE COMMISSION.
"The duties of the Commission are -
"(1) to examine whether the need exists to modernize the
antitrust laws and to identify and study related issues;
"(2) to solicit views of all parties concerned with the
operation of the antitrust laws;
"(3) to evaluate the advisability of proposals and current
arrangements with respect to any issues so identified; and
"(4) to prepare and to submit to Congress and the President a
report in accordance with section 11058.
"SEC. 11054. MEMBERSHIP.
"(a) Number and Appointment. - The Commission shall be composed
of 12 members appointed as follows:
"(1) Four members, no more than 2 of whom shall be of the same
political party, shall be appointed by the President. The
President shall appoint members of the opposing party only on the
recommendation of the leaders of Congress from that party.
"(2) Two members shall be appointed by the majority leader of
the Senate.
"(3) Two members shall be appointed by the minority leader of
the Senate.
"(4) Two members shall be appointed by the Speaker of the House
of Representatives.
"(5) Two members shall be appointed by the minority leader of
the House of Representatives.
"(b) Ineligibility for Appointment. - Members of Congress shall
be ineligible for appointment to the Commission.
"(c) Term of Appointment. -
"(1) In general. - Subject to paragraph (2), members of the
Commission shall be appointed for the life of the Commission.
"(2) Early termination of appointment. - If a member of the
Commission who is appointed to the Commission as -
"(A) an officer or employee of a government ceases to be an
officer or employee of such government; or
"(B) an individual who is not an officer or employee of a
government becomes an officer or employee of a government;
then such member shall cease to be a member of the Commission on
the expiration of the 90-day period beginning on the date such
member ceases to be such officer or employee of such government, or
becomes an officer or employee of a government, as the case may be.
"(d) Quorum. - Seven members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
"(e) Appointment Deadline. - Initial appointments under
subsection (a) shall be made not later than 60 days after the date
of enactment of this Act [Nov. 2, 2002].
"(f) Meetings. - The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held not
later than 30 days after the date on which all members of the
Commission are first appointed under subsection (a) or funds are
appropriated to carry out this subtitle, whichever occurs later.
"(g) Vacancy. - A vacancy on the Commission shall be filled in
the same manner as the initial appointment is made.
"(h) Consultation Before Appointment. - Before appointing members
of the Commission, the President, the majority and minority leaders
of the Senate, the Speaker of the House of Representatives, and the
minority leader of the House of Representatives shall consult with
each other to ensure fair and equitable representation of various
points of view in the Commission.
"(i) Chairperson; Vice Chairperson. - The President shall select
the chairperson of the Commission from among its appointed members.
The leaders of Congress from the opposing party of the President
shall select the vice chairperson of the Commission from among its
remaining members.
"SEC. 11055. COMPENSATION OF THE COMMISSION.
"(a) Pay. -
"(1) Nongovernment employees. - Each member of the Commission
who is not otherwise employed by a government shall be entitled
to receive the daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under section 5315
of title 5 United States Code, as in effect from time to time,
for each day (including travel time) during which such member is
engaged in the actual performance of duties of the Commission.
"(2) Government employees. - A member of the Commission who is
an officer or employee of a government shall serve without
additional pay (or benefits in the nature of compensation) for
service as a member of the Commission.
"(b) Travel Expenses. - Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
"SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
"(a) Staff. -
"(1) Appointment. - The chairperson of the Commission may,
without regard to the provisions of chapter 51 of title 5 of the
United States Code (relating to appointments in the competitive
service), appoint and terminate an executive director and such
other staff as are necessary to enable the Commission to perform
its duties. The appointment of an executive director shall be
subject to approval by the Commission.
"(2) Compensation. - The chairperson of the Commission may fix
the compensation of the executive director and other staff
without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of title 5 of the United States Code (relating to
classification of positions and General Schedule pay rates),
except that the rate of pay for the executive director and other
staff may not exceed the rate of basic pay payable for level V of
the Executive Schedule under section 5315 of title 5 United
States Code, as in effect from time to time.
"(b) Experts and Consultants. - The Commission may procure
temporary and intermittent services of experts and consultants in
accordance with section 3109(b) of title 5, United States Code.
"SEC. 11057. POWERS OF THE COMMISSION.
"(a) Hearings and Meetings. - The Commission, or a member of the
Commission if authorized by the Commission, may hold such hearings,
sit and act at such time and places, take such testimony, and
receive such evidence, as the Commission considers to be
appropriate. The Commission or a member of the Commission may
administer oaths or affirmations to witnesses appearing before the
Commission or such member.
"(b) Official Data. - The Commission may obtain directly from any
executive agency (as defined in section 105 of title 5 of the
United States Code) or court information necessary to enable it to
carry out its duties under this subtitle. On the request of the
chairperson of the Commission, and consistent with any other law,
the head of an executive agency or of a Federal court shall provide
such information to the Commission.
"(c) Facilities and Support Services. - The Administrator of
General Services shall provide to the Commission on a reimbursable
basis such facilities and support services as the Commission may
request. On request of the Commission, the head of an executive
agency may make any of the facilities or services of such agency
available to the Commission, on a reimbursable or nonreimbursable
basis, to assist the Commission in carrying out its duties under
this subtitle.
"(d) Expenditures and Contracts. - The Commission or, on
authorization of the Commission, a member of the Commission may
make expenditures and enter into contracts for the procurement of
such supplies, services, and property as the Commission or such
member considers to be appropriate for the purpose of carrying out
the duties of the Commission. Such expenditures and contracts may
be made only to such extent or in such amounts as are provided in
advance in appropriation Acts.
"(e) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
"(f) Gifts, Bequests, and Devises. - The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or
devises of money and proceeds from sales of other property received
as gifts, bequests, or devises shall be deposited in the Treasury
and shall be available for disbursement upon order of the
Commission.
"SEC. 11058. REPORT.
"Not later than 3 years after the first meeting of the
Commission, the Commission shall submit to Congress and the
President a report containing a detailed statement of the findings
and conclusions of the Commission, together with recommendations
for legislative or administrative action the Commission considers
to be appropriate.
"SEC. 11059. TERMINATION OF COMMISSION.
"The Commission shall cease to exist 30 days after the date on
which the report required by section 8 [11058] is submitted.
"SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated $4,000,000 to carry out
this subtitle."
YEAR 2000 INFORMATION AND READINESS DISCLOSURE
Pub. L. 105-271, Oct. 19, 1998, 112 Stat. 2386, as amended by
Pub. L. 107-273, div. C, title IV, Sec. 14102(e), Nov. 2, 2002, 116
Stat. 1922, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Year 2000 Information and
Readiness Disclosure Act'.
"SEC. 2. FINDINGS AND PURPOSES.
"(a) Findings. - Congress finds the following:
"(1)(A) At least thousands but possibly millions of information
technology computer systems, software programs, and
semiconductors are not capable of recognizing certain dates in
1999 and after December 31, 1999, and will read dates in the year
2000 and thereafter as if those dates represent the year 1900 or
thereafter or will fail to process those dates.
"(B) The problem described in subparagraph (A) and resulting
failures could incapacitate systems that are essential to the
functioning of markets, commerce, consumer products, utilities,
government, and safety and defense systems, in the United States
and throughout the world.
"(C) Reprogramming or replacing affected systems before the
problem incapacitates essential systems is a matter of national
and global interest.
"(2) The prompt, candid, and thorough disclosure and exchange
of information related to year 2000 readiness of entities,
products, and services -
"(A) would greatly enhance the ability of public and private
entities to improve their year 2000 readiness; and
"(B) is therefore a matter of national importance and a vital
factor in minimizing any potential year 2000 related disruption
to the Nation's economic well-being and security.
"(3) Concern about the potential for legal liability associated
with the disclosure and exchange of year 2000 readiness
information is impeding the disclosure and exchange of such
information.
"(4) The capability to freely disseminate and exchange
information relating to year 2000 readiness, solutions, test
practices and test results, with the public and other entities
without undue concern about litigation is critical to the ability
of public and private entities to address year 2000 needs in a
timely manner.
"(5) The national interest will be served by uniform legal
standards in connection with the disclosure and exchange of year
2000 readiness information that will promote disclosures and
exchanges of such information in a timely fashion.
"(b) Purposes. - Based upon the powers contained in article I,
section 8, clause 3 of the Constitution of the United States, the
purposes of this Act are -
"(1) to promote the free disclosure and exchange of information
related to year 2000 readiness;
"(2) to assist consumers, small businesses, and local
governments in effectively and rapidly responding to year 2000
problems; and
"(3) to lessen burdens on interstate commerce by establishing
certain uniform legal principles in connection with the
disclosure and exchange of information related to year 2000
readiness.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) Antitrust laws. - The term 'antitrust laws' -
"(A) has the meaning given to it in subsection (a) of the
first section of the Clayton Act (15 U.S.C. 12(a)), except that
such term includes section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent such section 5 applies to
unfair methods of competition; and
"(B) includes any State law similar to the laws referred to
in subparagraph (A).
"(2) Consumer. - The term 'consumer' means an individual who
acquires a consumer product for purposes other than resale.
"(3) Consumer product. - The term 'consumer product' means any
personal property or service which is normally used for personal,
family, or household purposes.
"(4) Covered action. - The term 'covered action' means a civil
action of any kind, whether arising under Federal or State law,
except for an action brought by a Federal, State, or other public
entity, agency, or authority acting in a regulatory, supervisory,
or enforcement capacity.
"(5) Maker. - The term 'maker' means each person or entity,
including the United States or a State or political subdivision
thereof, that -
"(A) issues or publishes any year 2000 statement;
"(B) develops or prepares any year 2000 statement; or
"(C) assists in, contributes to, or reviews, reports or
comments on during, or approves, or otherwise takes part in the
preparing, developing, issuing, approving, or publishing of any
year 2000 statement.
"(6) Republication. - The term 'republication' means any
repetition, in whole or in part, of a year 2000 statement
originally made by another.
"(7) Year 2000 internet website. - The term 'year 2000 Internet
website' means an Internet website or other similar
electronically accessible service, clearly designated on the
website or service by the person or entity creating or
controlling the content of the website or service as an area
where year 2000 statements concerning that person or entity are
posted or otherwise made accessible to the general public.
"(8) Year 2000 processing. - The term 'year 2000 processing'
means the processing (including calculating, comparing,
sequencing, displaying, or storing), transmitting, or receiving
of date data from, into, and between the 20th and 21st centuries,
and during the years 1999 and 2000, and leap year calculations.
"(9) Year 2000 readiness disclosure. - The term 'year 2000
readiness disclosure' means any written year 2000 statement -
"(A) clearly identified on its face as a year 2000 readiness
disclosure;
"(B) inscribed on a tangible medium or stored in an
electronic or other medium and retrievable in perceivable form;
and
"(C) issued or published by or with the approval of a person
or entity with respect to year 2000 processing of that person
or entity or of products or services offered by that person or
entity.
"(10) Year 2000 remediation product or service. - The term
'year 2000 remediation product or service' means a software
program or service licensed, sold, or rendered by a person or
entity and specifically designed to detect or correct year 2000
processing problems with respect to systems, products, or
services manufactured or rendered by another person or entity.
"(11) Year 2000 statement. -
"(A) In general. - The term 'year 2000 statement' means any
communication or other conveyance of information by a party to
another or to the public, in any form or medium -
"(i) concerning an assessment, projection, or estimate
concerning year 2000 processing capabilities of an entity,
product, service, or set of products and services;
"(ii) concerning plans, objectives, or timetables for
implementing or verifying the year 2000 processing
capabilities of an entity, product, service, or set of
products and services;
"(iii) concerning test plans, test dates, test results, or
operational problems or solutions related to year 2000
processing by -
"(I) products; or
"(II) services that incorporate or utilize products; or
"(iv) reviewing, commenting on, or otherwise directly or
indirectly relating to year 2000 processing capabilities.
"(B) Not included. - For the purposes of any action brought
under the securities laws, as that term is defined in section
3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(47)), the term 'year 2000 statement' does not include
statements contained in any documents or materials filed with
the Securities and Exchange Commission, or with Federal banking
regulators, pursuant to section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C. 781(i) [78l(i)]), or
disclosures or writing that when made accompanied the
solicitation of an offer or sale of securities.
"SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
"(a) Evidence Exclusion. - No year 2000 readiness disclosure, in
whole or in part, shall be admissible against the maker of that
disclosure to prove the accuracy or truth of any year 2000
statement set forth in that disclosure, in any covered action
brought by another party except that -
"(1) a year 2000 readiness disclosure may be admissible to
serve as the basis for a claim for anticipatory breach, or
repudiation of a contract, or a similar claim against the maker,
to the extent provided by applicable law; and
"(2) the court in any covered action shall have discretion to
limit application of this subsection in any case in which the
court determines that the maker's use of the year 2000 readiness
disclosure amounts to bad faith or fraud, or is otherwise beyond
what is reasonable to achieve the purposes of this Act.
"(b) False, Misleading and Inaccurate Year 2000 Statements. -
Except as provided in subsection (c), in any covered action, to the
extent that such action is based on an allegedly false, inaccurate,
or misleading year 2000 statement, the maker of that year 2000
statement shall not be liable under Federal or State law with
respect to that year 2000 statement unless the claimant
establishes, in addition to all other requisite elements of the
applicable action, by clear and convincing evidence, that -
"(1) the year 2000 statement was material; and
"(2)(A) to the extent the year 2000 statement was not a
republication, that the maker made the year 2000 statement -
"(i) with actual knowledge that the year 2000 statement was
false, inaccurate, or misleading;
"(ii) with intent to deceive or mislead; or
"(iii) with a reckless disregard as to the accuracy of the
year 2000 statement; or
"(B) to the extent the year 2000 statement was a republication,
that the maker of the republication made the year 2000 statement -

"(i) with actual knowledge that the year 2000 statement was
false, inaccurate, or misleading;
"(ii) with intent to deceive or mislead; or
"(iii) without notice in that year 2000 statement that -
"(I) the maker has not verified the contents of the
republication; or
"(II) the maker is not the source of the republication and
the republication is based on information supplied by another
person or entity identified in that year 2000 statement or
republication.
"(c) Defamation or Similar Claims. - In a covered action arising
under any Federal or State law of defamation, trade disparagement,
or a similar claim, to the extent such action is based on an
allegedly false, inaccurate, or misleading year 2000 statement, the
maker of that year 2000 statement shall not be liable with respect
to that year 2000 statement, unless the claimant establishes by
clear and convincing evidence, in addition to all other requisite
elements of the applicable action, that the year 2000 statement was
made with knowledge that the year 2000 statement was false or made
with reckless disregard as to its truth or falsity.
"(d) Year 2000 Internet Website. -
"(1) In general. - Except as provided in paragraph (2), in any
covered action other than a covered action involving personal
injury or serious physical damage to property, in which the
adequacy of notice about year 2000 processing is at issue, the
posting, in a commercially reasonable manner and for a
commercially reasonable duration, of a notice by the entity
charged with giving such notice on the year 2000 Internet website
of that entity shall be deemed an adequate mechanism for
providing that notice.
"(2) Exception. - Paragraph (1) shall not apply if the court
finds that the use of the mechanism of notice -
"(A) is contrary to express prior representations regarding
the mechanism of notice made by the party giving notice;
"(B) is materially inconsistent with the regular course of
dealing between the parties; or
"(C) occurs where there have been no prior representations
regarding the mechanism of notice, no regular course of dealing
exists between the parties, and actual notice is clearly the
most commercially reasonable means of providing notice.
"(3) Construction. - Nothing in this subsection shall -
"(A) alter or amend any Federal or State statute or
regulation requiring that notice about year 2000 processing be
provided using a different mechanism;
"(B) create a duty to provide notice about year 2000
processing;
"(C) preclude or suggest the use of any other medium for
notice about year 2000 processing or require the use of an
Internet website; or
"(D) mandate the content or timing of any notices about year
2000 processing.
"(e) Limitation on Effect of Year 2000 Statements. -
"(1) In general. - In any covered action, a year 2000 statement
shall not be interpreted or construed as an amendment to or
alteration of a contract or warranty, whether entered into by or
approved for a public or private entity.
"(2) Not applicable. -
"(A) In general. - This subsection shall not apply -
"(i) to the extent the party whose year 2000 statement is
alleged to have amended or altered a contract or warranty has
otherwise agreed in writing to so alter or amend the contract
or warranty;
"(ii) to a year 2000 statement made in conjunction with the
formation of the contract or warranty; or
"(iii) if the contract or warranty specifically provides
for its amendment or alteration through the making of a year
2000 statement.
"(B) Rule of construction. - Nothing in this subsection shall
affect applicable Federal or State law in effect as of the date
of enactment of this Act [Oct. 19, 1998] with respect to
determining the extent to which a year 2000 statement affects a
contract or warranty.
"(f) Special Data Gathering. -
"(1) In general. - A Federal entity, agency, or authority may
expressly designate a request for the voluntary provision of
information relating to year 2000 processing, including year 2000
statements, as a special year 2000 data gathering request made
pursuant to this subsection.
"(2) Specifics. - A special year 2000 data gathering request
made under this subsection shall specify a Federal entity,
agency, or authority, or, with its consent, another public or
private entity, agency, or authority, to gather responses to the
request.
"(3) Protections. - Except with the express consent or
permission of the provider of information described in paragraph
(1), any year 2000 statements or other such information provided
by a party in response to a special year 2000 data gathering
request made under this subsection -
"(A) shall be exempt from disclosure under subsection (b)(4)
of section 552 of title 5, United States Code, commonly known
as the 'Freedom of Information Act';
"(B) shall not be disclosed to any third party; and
"(C) may not be used by any Federal entity, agency, or
authority or by any third party, directly or indirectly, in any
civil action arising under any Federal or State law.
"(4) Exceptions. -
"(A) Information obtained elsewhere. - Nothing in this
subsection shall preclude a Federal entity, agency, or
authority, or any third party, from separately obtaining the
information submitted in response to a request under this
subsection through the use of independent legal authorities,
and using such separately obtained information in any action.
"(B) Voluntary disclosure. - A restriction on use or
disclosure of information under this subsection shall not apply
to any information disclosed to the public with the express
consent of the party responding to a special year 2000 data
gathering request or disclosed by such party separately from a
response to a special year 2000 data gathering request.
"SEC. 5. TEMPORARY ANTITRUST EXEMPTION.
"(a) Exemption. - Except as provided in subsection (b), the
antitrust laws shall not apply to conduct engaged in, including
making and implementing an agreement, solely for the purpose of and
limited to -
"(1) facilitating responses intended to correct or avoid a
failure of year 2000 processing in a computer system, in a
component of a computer system, in a computer program or
software, or services utilizing any such system, component,
program, or hardware; or
"(2) communicating or disclosing information to help correct or
avoid the effects of year 2000 processing failure.
"(b) Applicability. - Subsection (a) shall apply only to conduct
that occurs, or an agreement that is made and implemented, after
the date of enactment of this Act [Oct. 19, 1998] and before July
14, 2001.
"(c) Exception to Exemption. - Subsection (a) shall not apply
with respect to conduct that involves or results in an agreement to
boycott any person, to allocate a market, or to fix prices or
output.
"(d) Rule of Construction. - The exemption granted by this
section shall be construed narrowly.
"SEC. 6. EXCLUSIONS.
"(a) Effect on Information Disclosure. - This Act does not
affect, abrogate, amend, or alter the authority of a Federal or
State entity, agency, or authority to enforce a requirement to
provide or disclose, or not to provide or disclose, information
under a Federal or State statute or regulation or to enforce such
statute or regulation.
"(b) Contracts and Other Claims. -
"(1) In general. - Except as may be otherwise provided in
subsections (a) and (e) of section 4, this Act does not affect,
abrogate, amend, or alter any right established by contract or
tariff between any person or entity, whether entered into by a
public or private person or entity, under any Federal or State
law.
"(2) Other claims. -
"(A) In general. - In any covered action brought by a
consumer, this Act does not apply to a year 2000 statement
expressly made in a solicitation, including an advertisement or
offer to sell, to that consumer by a seller, manufacturer, or
provider of a consumer product.
"(B) Specific notice required. - In any covered action, this
Act shall not apply to a year 2000 statement, concerning a year
2000 remediation product or service, expressly made in an offer
to sell or in a solicitation (including an advertisement) by a
seller, manufacturer, or provider, of that product or service
unless, during the course of the offer or solicitation, the
party making the offer or solicitation provides the following
notice in accordance with section 4(d):
" 'Statements made to you in the course of this sale are
subject to the Year 2000 Information and Readiness Disclosure
Act (__ U.S.C. __). In the case of a dispute, this Act may
reduce your legal rights regarding the use of any such
statements, unless otherwise specified by your contract or
tariff.'
"(3) Rule of construction. - Nothing in this Act shall be
construed to preclude any claims that are not based exclusively
on year 2000 statements.
"(c) Duty or Standard of Care. -
"(1) In general. - This Act shall not impose upon the maker of
any year 2000 statement any more stringent obligation, duty, or
standard of care than is otherwise applicable under any other
Federal law or State law.
"(2) Additional disclosure. - This Act does not preclude any
party from making or providing any additional disclosure,
disclaimer, or similar provisions in connection with any year
2000 readiness disclosure or year 2000 statement.
"(3) Duty of care. - This Act shall not be deemed to alter any
standard or duty of care owed by a fiduciary, as defined or
determined by applicable Federal or State law.
"(d) Intellectual Property Rights. - This Act does not affect,
abrogate, amend, or alter any right in a patent, copyright,
semiconductor mask work, trade secret, trade name, trademark, or
service mark, under any Federal or State law.
"(e) Injunctive Relief. - Nothing in this Act shall be deemed to
preclude a claimant from seeking injunctive relief with respect to
a year 2000 statement.
"SEC. 7. APPLICABILITY.
"(a) Effective Date. -
"(1) In general. - Except as otherwise provided in this
section, this Act shall become effective on the date of enactment
of this Act [Oct. 19, 1998].
"(2) Application to lawsuits pending. - This Act shall not
affect or apply to any lawsuit pending on July 14, 1998.
"(3) Application to statements and disclosures. - Except as
provided in subsection (b) -
"(A) this Act shall apply to any year 2000 statement made
beginning on July 14, 1998 and ending on July 14, 2001; and
"(B) this Act shall apply to any year 2000 readiness
disclosure made beginning on the date of enactment of this Act
and ending on July 14, 2001.
"(b) Previously Made Readiness Disclosure. -
"(1) In general. - For the purposes of section 4(a), a person
or entity that issued or published a year 2000 statement after
January 1, 1996, and before the date of enactment of this Act
[Oct. 19, 1998], may designate that year 2000 statement as a year
2000 readiness disclosure if -
"(A) the year 2000 statement complied with the requirements
of section 3(9) when made, other than being clearly designated
on its face as a disclosure; and
"(B) within 45 days after the date of enactment of this Act,
the person or entity seeking the designation -
"(i) provides individual notice that meets the requirements
of paragraph (2) to all recipients of the applicable year
2000 statement; or
"(ii) prominently posts notice that meets the requirements
of paragraph (2) on its year 2000 Internet website,
commencing prior to the end of the 45-day period under this
subparagraph and extending for a minimum of 45 consecutive
days and also uses the same method of notification used to
originally provide the applicable year 2000 statement.
"(2) Requirements. - A notice under paragraph (1)(B) shall -
"(A) state that the year 2000 statement that is the subject
of the notice is being designated a year 2000 readiness
disclosure; and
"(B) include a copy of the year 2000 statement with a legend
labeling the statement as a 'Year 2000 Readiness Disclosure'.
"(c) Exception. - No designation of a year 2000 statement as a
year 2000 readiness disclosure under subsection (b) shall apply
with respect to any person or entity that -
"(1) proves, by clear and convincing evidence, that it relied
on the year 2000 statement prior to the receipt of notice
described in subsection (b)(1)(B) and it would be prejudiced by
the retroactive designation of the year 2000 statement as a year
2000 readiness disclosure; and
"(2) provides to the person or entity seeking the designation a
written notice objecting to the designation within 45 days after
receipt of individual notice under subsection (b)(1)(B)(i), or
within 180 days after the date of enactment of this Act [Oct. 19,
1998], in the case of notice provided under subsection
(b)(1)(B)(ii).
"SEC. 8. YEAR 2000 COUNCIL WORKING GROUPS.
"(a) In General. -
"(1) Working groups. - The President's Year 2000 Council
(referred to in this section as the 'Council') may establish and
terminate working groups composed of Federal employees who will
engage outside organizations in discussions to address the year
2000 problems identified in section 2(a)(1) to share information
related to year 2000 readiness, and otherwise to serve the
purposes of this Act.
"(2) List of groups. - The Council shall maintain and make
available to the public a printed and electronic list of the
working groups, the members of each working group, and a point of
contact, together with an address, telephone number, and
electronic mail address for the point of contact, for each
working group created under this section.
"(3) Balance. - The Council shall seek to achieve a balance of
participation and representation among the working groups.
"(4) Attendance. - The Council shall maintain and make
available to the public a printed and electronic list of working
group members who attend each meeting of a working group as well
as any other individuals or organizations participating in each
meeting.
"(5) Meetings. - Each meeting of a working group shall be
announced in advance in accordance with procedures established by
the Council. The Council shall encourage working groups to hold
meetings open to the public to the extent feasible and consistent
with the activities of the Council and the purposes of this Act.
"(b) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working groups established under this
section.
"(c) Private Right of Action. - This section creates no private
right of action to sue for enforcement of the provisions of this
section.
"(d) Expiration. - The authority conferred by this section shall
expire on December 31, 2000.
"SEC. 9. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.
"(a) National Website. -
"(1) In general. - The Administrator of General Services shall
create and maintain until July 14, 2002, a national year 2000
website, and promote its availability, designed to assist
consumers, small business, and local governments in obtaining
information from other governmental websites, hotlines, or
information clearinghouses about year 2000 processing of
computers, systems, products, and services, including websites
maintained by independent agencies and other departments.
"(2) Consultation. - In creating the national year 2000
website, the Administrator of General Services shall consult with
-
"(A) the Director of the Office of Management and Budget;
"(B) the Administrator of the Small Business Administration;
"(C) the Consumer Product Safety Commission;
"(D) officials of State and local governments;
"(E) the Director of the National Institute of Standards and
Technology;
"(F) representatives of consumer and industry groups; and
"(G) representatives of other entities, as determined
appropriate.
"(b) Report. - The Administrator of General Services shall submit
a report to the Committees on the Judiciary of the Senate and the
House of Representatives and the Committee on Governmental Affairs
[now Committee on Homeland Security and Governmental Affairs] of
the Senate and the Committee on Government Reform and Oversight of
the House of Representatives [now Committee on Government Reform of
House of Representatives] not later than 60 days after the date of
enactment of this Act [Oct. 19, 1998] regarding planning to comply
with the requirements of this section."
APPLICATION OF ANTITRUST LAWS TO AWARD OF NEED-BASED EDUCATIONAL
AID
Pub. L. 107-72, Sec. 3, Nov. 20, 2001, 115 Stat. 648, provided
that:
"(a) Study. -
"(1) In general. - The Comptroller General shall conduct a
study of the effect of the antitrust exemption on institutional
student aid under section 568 of the Improving America's Schools
Act of 1994 (15 U.S.C. 1 note) [Pub. L. 103-382, see below].
"(2) Consultation. - The Comptroller General shall have final
authority to determine the content of the study under paragraph
(1), but in determining the content of the study, the Comptroller
General shall consult with -
"(A) the institutions of higher education participating under
the antitrust exemption under section 568 of the Improving
America's Schools Act of 1994 (15 U.S.C. 1 note) (referred to
in this Act [see Short Title of 2001 Amendment note above] as
the 'participating institutions');
"(B) the Antitrust Division of the Department of Justice; and
"(C) other persons that the Comptroller General determines
are appropriate.
"(3) Matters studied. -
"(A) In general. - The study under paragraph (1) shall -
"(i) examine the needs analysis methodologies used by
participating institutions;
"(ii) identify trends in undergraduate costs of attendance
and institutional undergraduate grant aid among participating
institutions, including -
"(I) the percentage of first-year students receiving
institutional grant aid;
"(II) the mean and median grant eligibility and institutional
grant aid to first-year students; and
"(III) the mean and median parental and student contributions
to undergraduate costs of attendance for first year students
receiving institutional grant aid;
"(iii) to the extent useful in determining the effect of
the antitrust exemption under section 568 of the Improving
America's Schools Act of 1994 (15 U.S.C. 1 note), examine -
"(I) comparison data, identified in clauses (i) and (ii), from
institutions of higher education that do not participate
under the antitrust exemption under section 568 of the
Improving America's Schools Act of 1994 (15 U.S.C. 1 note);
and
"(II) other baseline trend data from national benchmarks; and
"(iv) examine any other issues that the Comptroller General
determines are appropriate, including other types of aid
affected by section 568 of the Improving America's Schools
Act of 1994 (15 U.S.C. 1 note).
"(B) Assessment. -
"(i) In general. - The study under paragraph (1) shall
assess what effect the antitrust exemption on institutional
student aid has had on institutional undergraduate grant aid
and parental contribution to undergraduate costs of
attendance.
"(ii) Changes over time. - The assessment under clause (i)
shall consider any changes in institutional undergraduate
grant aid and parental contribution to undergraduate costs of
attendance over time for institutions of higher education,
including consideration of -
"(I) the time period prior to adoption of the consensus
methodologies at participating institutions; and
"(II) the data examined pursuant to subparagraph (A)(iii).
"(b) Report. -
"(1) In general. - Not later than September 30, 2006, the
Comptroller General shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that contains the findings and
conclusions of the Comptroller General regarding the matters
studied under subsection (a).
"(2) Identifying individual institutions. - The Comptroller
General shall not identify an individual institution of higher
education in information submitted in the report under paragraph
(1) unless the information on the institution is available to the
public.
"(c) Recordkeeping Requirement. -
"(1) In general. - For the purpose of completing the study
under subsection (a)(1), a participating institution shall -
"(A) collect and maintain for each academic year until the
study under subsection (a)(1) is completed -
"(i) student-level data that is sufficient, in the judgment
of the Comptroller General, to permit the analysis of
expected family contributions, identified need, and
undergraduate grant aid awards; and
"(ii) information on formulas used by the institution to
determine need; and
"(B) submit the data and information under paragraph (1) to
the Comptroller General at such time as the Comptroller General
may reasonably require.
"(2) Non-participating institutions. - Nothing in this
subsection shall be construed to require an institution of higher
education that does not participate under the antitrust exemption
under section 568 of the Improving America's Schools Act of 1994
(15 U.S.C. 1 note) to collect and maintain data under this
subsection."
Pub. L. 103-382, title V, Sec. 568(a)-(d), Oct. 20, 1994, 108
Stat. 4060, 4061, as amended by Pub. L. 105-43, Sec. 2(a), Sept.
17, 1997, 111 Stat. 1140; Pub. L. 105-244, title I, Sec. 102(a)(3),
Oct. 7, 1998, 112 Stat. 1618; Pub. L. 107-72, Sec. 2, Nov. 20,
2001, 115 Stat. 648, provided that:
"(a) Exemption. - It shall not be unlawful under the antitrust
laws for 2 or more institutions of higher education at which all
students admitted are admitted on a need-blind basis, to agree or
attempt to agree -
"(1) to award such students financial aid only on the basis of
demonstrated financial need for such aid;
"(2) to use common principles of analysis for determining the
need of such students for financial aid if the agreement to use
such principles does not restrict financial aid officers at such
institutions in their exercising independent professional
judgment with respect to individual applicants for such financial
aid;
"(3) to use a common aid application form for need-based
financial aid for such students if the agreement to use such form
does not restrict such institutions in their requesting from such
students, or in their using, data in addition to the data
requested on such form; or
"(4) to exchange through an independent third party, before
awarding need-based financial aid to any of such students who is
commonly admitted to the institutions of higher education
involved, data submitted by the student so admitted, the
student's family, or a financial institution on behalf of the
student or the student's family relating to assets, liabilities,
income, expenses, the number of family members, and the number of
the student's siblings in college, if each of such institutions
of higher education is permitted to retrieve such data only once
with respect to the student.
"(b) Limitations. - Subsection (a) shall not apply with respect
to -
"(1) any financial aid or assistance authorized by the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.); or
"(2) any contract, combination, or conspiracy with respect to
the amount or terms of any prospective financial aid award to a
specific individual.
"(c) Definitions. - For purposes of this section -
"(1) the term 'alien' has the meaning given such term in
section 101(3) [101(a)(3)] of the Immigration and Nationality Act
(8 U.S.C. 1101(3) [1101(a)(3)]);
"(2) the term 'antitrust laws' has the meaning given such term
in subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section applies to unfair methods of competition;
"(3) the term 'institution of higher education' has the meaning
given such term in section 101 of the Higher Education Act of
1965 [20 U.S.C. 1001];
"(4) the term 'lawfully admitted for permanent residence' has
the meaning given such term in section 101(20) [101(a)(20)] of
the Immigration and Nationality Act (8 U.S.C. 1101(20)
[1101(a)(20)]);
"(5) the term 'national of the United States' has the meaning
given such term in section 101(22) [101(a)(22)] of the
Immigration and Nationality Act (8 U.S.C. 1101(22)
[1101(a)(22)]);
"(6) the term 'on a need-blind basis' means without regard to
the financial circumstances of the student involved or the
student's family; and
"(7) the term 'student' means, with respect to an institution
of higher education, a national of the United States or an alien
admitted for permanent residence who is admitted to attend an
undergraduate program at such institution on a full-time basis.
"(d) Expiration. - Subsection (a) shall expire on September 30,
2008."
[Pub. L. 105-43, Sec. 2(b), Sept. 17, 1997, 111 Stat. 1140,
provided that: "The amendments made by subsection (a) [amending
section 568(a)-(d) of Pub. L. 103-382, set out above] shall take
effect immediately before September 30, 1997."]