[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[Senate]
[Pages S11683-S11694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2004
Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3021, which was introduced
earlier today by Senators Hatch and Leahy.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 3021) to provide for the protection of
intellectual property rights and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. McCAIN. Mr. President, I ask unanimous consent that the McCain
amendment at the desk be agreed to, the bill, as amended, be read a
third time and passed, the motions to reconsider be laid upon the
table, and that any statements regarding this matter be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4074) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 3021), as amended, was read the third time and passed,
as follows:
S. 3021
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Entertainment and
Copyright Act of 2004''.
TITLE I--ARTISTS' RIGHTS AND THEFT PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Artists' Rights and Theft
Prevention Act of 2004'' or the ``ART Act''.
SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF
MOTION PICTURES IN A MOTION PICTURE EXHIBITION
FACILITY.
(a) In General.--Chapter 113 of title 18, United States
Code, is amended by adding after section 2319A the following
new section:
``Sec. 2319B. Unauthorized recording of motion pictures in a
motion picture exhibition facility
``(a) Offense.--Any person who, without the authorization
of the copyright owner, knowingly uses or attempts to use an
audiovisual recording device to transmit or make a copy of a
motion picture or other audiovisual work protected under
title 17, or any part thereof, from a performance of such
work in a motion picture exhibition facility, shall--
``(1) be imprisoned for not more than 3 years, fined under
this title, or both; or
``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years, fined under this title,
or both.
The possession by a person of an audiovisual recording device
in a motion picture exhibition facility may be considered as
evidence in any proceeding to determine whether that person
committed an offense under this subsection, but shall not, by
itself, be sufficient to support a conviction of that person
for such offense.
``(b) Forfeiture and Destruction.--When a person is
convicted of a violation of subsection (a), the court in its
judgment of conviction shall, in addition to any penalty
provided, order the forfeiture and destruction or other
disposition of all unauthorized copies of motion pictures or
other audiovisual works protected under title 17, or parts
thereof, and any audiovisual recording devices or other
equipment used in connection with the offense.
``(c) Authorized Activities.--This section does not prevent
any lawfully authorized investigative, protective, or
intelligence activity by an officer, agent, or employee of
the United States, a State, or a political subdivision of a
State, or a person acting under a contract with the United
States, a State, or a political subdivision of a State.
``(d) Immunity for Theaters.--With reasonable cause, the
owner or lessee of a facility where a motion picture is being
exhibited, the authorized agent or employee of such owner or
lessee, the licensor of the motion picture being exhibited,
or the agent or employee of such licensor--
``(1) may detain, in a reasonable manner and for a
reasonable time, any person suspected of a violation of this
section for the purpose of questioning or summoning a law
enforcement officer; and
``(2) shall not be held liable in any civil or criminal
action arising out of a detention under paragraph (1).
``(e) Victim Impact Statement.--
``(1) In general.--During the preparation of the
presentence report under rule 32(c) of the Federal Rules of
Criminal Procedure, victims of an offense under this section
shall be permitted to submit to the probation officer a
victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss
suffered by the victim, including the estimated economic
impact of the offense on that victim.
``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
``(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
``(B) holders of intellectual property rights in the works
described in subparagraph (A); and
``(C) the legal representatives of such producers, sellers,
and holders.
``(f) State Law Not Preempted.--Nothing in this section may
be construed to annul or limit any rights or remedies under
the laws of any State.
``(g) Definitions.--In this section, the following
definitions shall apply:
``(1) Title 17 definitions.--The terms `audiovisual work',
`copy', `copyright owner', `motion picture', `motion picture
exhibition facility', and `transmit' have, respectively, the
meanings given those terms in section 101 of title 17.
``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology or device capable of
enabling the recording or transmission of a copyrighted
motion picture or other audiovisual work, or any part
thereof, regardless of whether audiovisual recording is the
sole or primary purpose of the device.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113 of title 18, United States Code, is
amended by inserting after the item relating to section 2319A
the following:
``2319B. Unauthorized recording of motion pictures in a motion picture
exhibition facility.''.
(c) Definition.--Section 101 of title 17, United States
Code, is amended by inserting after the definition of
``Motion pictures'' the following:
``The term `motion picture exhibition facility' means a
movie theater, screening room, or other venue that is being
used primarily for the exhibition of a copyrighted motion
picture, if such exhibition is open to the public or is made
to an assembled group of viewers outside of a normal circle
of a family and its social acquaintances.''.
[[Page S11684]]
SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR
COMMERCIAL DISTRIBUTION.
(a) Prohibited Acts.--Section 506(a) of title 17, United
States Code, is amended to read as follows:
``(a) Criminal Infringement.--
``(1) In general.--Any person who willfully infringes a
copyright shall be punished as provided under section 2319 of
title 18, if the infringement was committed--
``(A) for purposes of commercial advantage or private
financial gain;
``(B) by the reproduction or distribution, including by
electronic means, during any 180-day period, of 1 or more
copies or phonorecords of 1 or more copyrighted works, which
have a total retail value of more than $1,000; or
``(C) by the distribution of a work being prepared for
commercial distribution, by making it available on a computer
network accessible to members of the public, if such person
knew or should have known that the work was intended for
commercial distribution.
``(2) Evidence.--For purposes of this subsection, evidence
of reproduction or distribution of a copyrighted work, by
itself, shall not be sufficient to establish willful
infringement of a copyright.
``(3) Definition.--In this subsection, the term `work being
prepared for commercial distribution' means--
``(A) a computer program, a musical work, a motion picture
or other audiovisual work, or a sound recording, if at the
time of unauthorized distribution--
``(i) the copyright owner has a reasonable expectation of
commercial distribution; and
``(ii) the copies or phonorecords of the work have not been
commercially distributed; or
``(B) a motion picture, if at the time of unauthorized
distribution, the motion picture--
``(i) has been made available for viewing in a motion
picture exhibition facility; and
``(ii) has not been made available in copies for sale to
the general public in the United States in a format intended
to permit viewing outside a motion picture exhibition
facility.''.
(b) Criminal Penalties.--Section 2319 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Whoever'' and inserting ``Any person
who''; and
(B) by striking ``and (c) of this section'' and inserting
``, (c), and (d)'';
(2) in subsection (b), by striking ``section 506(a)(1)''
and inserting ``section 506(a)(1)(A)'';
(3) in subsection (c), by striking ``section 506(a)(2) of
title 17, United States Code'' and inserting ``section
506(a)(1)(B) of title 17'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(5) by adding after subsection (c) the following:
``(d) Any person who commits an offense under section
506(a)(1)(C) of title 17--
``(1) shall be imprisoned not more than 3 years, fined
under this title, or both;
``(2) shall be imprisoned not more than 5 years, fined
under this title, or both, if the offense was committed for
purposes of commercial advantage or private financial gain;
``(3) shall be imprisoned not more than 6 years, fined
under this title, or both, if the offense is a second or
subsequent offense; and
``(4) shall be imprisoned not more than 10 years, fined
under this title, or both, if the offense is a second or
subsequent offense under paragraph (2).''; and
(6) in subsection (f), as redesignated--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the term `financial gain' has the meaning given the
term in section 101 of title 17; and
``(4) the term `work being prepared for commercial
distribution' has the meaning given the term in section
506(a) of title 17.''.
SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING
PREPARED FOR COMMERCIAL DISTRIBUTION.
(a) Preregistration.--Section 408 of title 17, United
States Code, is amended by adding at the end the following:
``(f) Preregistration of Works Being Prepared for
Commercial Distribution.--
``(1) Rulemaking.--Not later than 180 days after the date
of enactment of this subsection, the Register of Copyrights
shall issue regulations to establish procedures for
preregistration of a work that is being prepared for
commercial distribution and has not been published.
``(2) Class of works.--The regulations established under
paragraph (1) shall permit preregistration for any work that
is in a class of works that the Register determines has had a
history of infringement prior to authorized commercial
distribution.
``(3) Application for registration.--Not later than 3
months after a the first publication of a work preregistered
under this subsection, the applicant shall submit to the
Copyright Office--
``(A) an application for registration of the work;
``(B) a deposit; and
``(C) the applicable fee.
``(4) Effect of untimely application.--An action under this
chapter for infringement of a preregistered work, in a case
in which the infringement commenced no later than 2 months
after the first publication of the work shall be dismissed if
the items described in paragraph (3) are not submitted to the
Copyright Office in proper form within the earlier of--
``(A) 3 months after the first publication of the work; or
``(B) 1 month after the copyright owner has learned of the
infringement.''.
(b) Infringement Actions.--Section 411(a) of title 17,
United States Code, is amended by inserting ``preregistration
or'' after ``shall be instituted until''.
(c) Exclusion.--Section 412 of title 17, United States
Code, is amended by inserting ``, an action for infringement
of the copyright of a work that has been preregistered under
section 408(f) before the commencement of the infringement
and that has an effective date of registration not later than
the earlier of 3 months after the first publication of the
work or 1 month after the copyright owner has learned of the
infringement,'' after ``section 106A(a)''.
SEC. 105. FEDERAL SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of
intellectual property rights crimes, including any offense
under--
(1) section 506, 1201, or 1202 of title 17, United States
Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18,
United States Code.
(b) Authorization.--The United States Sentencing Commission
may amend the Federal sentencing guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(c) Responsibilities of United States Sentencing
Commission.--In carrying out this section, the United States
Sentencing Commission shall--
(1) take all appropriate measures to ensure that the
Federal sentencing guidelines and policy statements described
in subsection (a) are sufficiently stringent to deter, and
adequately reflect the nature of, intellectual property
rights crimes;
(2) determine whether to provide a sentencing enhancement
for those convicted of the offenses described in subsection
(a), if the conduct involves the display, performance,
publication, reproduction, or distribution of a copyrighted
work before it has been authorized by the copyright owner,
whether in the media format used by the infringing party or
in any other media format;
(3) determine whether the scope of ``uploading'' set forth
in application note 3 of section 2B5.3 of the Federal
sentencing guidelines is adequate to address the loss
attributable to people who broadly distribute copyrighted
works without authorization over the Internet; and
(4) determine whether the sentencing guidelines and policy
statements applicable to the offenses described in subsection
(a) adequately reflect any harm to victims from copyright
infringement if law enforcement authorities cannot determine
how many times copyright material has been reproduced or
distributed.
TITLE II--EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO
CONTENT IN MOTION PICTURES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Family Movie Act of
2004''.
SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND
VIDEO CONTENT IN MOTION PICTURES.
(a) In General.--Section 110 of title 17, United States
Code, is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and'';
(3) by inserting after paragraph (10) the following:
``(11) the making imperceptible, by or at the direction of
a member of a private household, of limited portions of audio
or video content of a motion picture, during a performance in
or transmitted to that household for private home viewing,
from an authorized copy of the motion picture, or the
creation or provision of a computer program or other
technology that enables such making imperceptible and that is
designed and marketed for such use at the direction of a
member of a private household, if no fixed copy of the
altered version of the motion picture is created by such
computer program or other technology.''; and
(4) by adding at the end the following:
``For purposes of paragraph (11), the term `making
imperceptible' does not include the addition of audio or
video content that is performed or displayed over or in place
of existing content in a motion picture.
``Nothing in paragraph (11) shall be construed to imply
further rights under section 106 of this title, or to have
any effect on defenses or limitations on rights granted under
any other section of this title or under any other paragraph
of this section.''.
(c) Exemption From Trademark Infringement.--Section 32 of
the Trademark Act of 1946 (15 U.S.C. 1114) is amended by
adding at the end the following:
``(3)(A) Any person who engages in the conduct described in
paragraph (11) of section 110 of title 17, United States
Code, and who complies with the requirements set forth in
that paragraph is not liable on account of
[[Page S11685]]
such conduct for a violation of any right under this Act.
This subparagraph does not preclude liability, nor shall it
be construed to restrict the defenses or limitations on
rights granted under this Act, of a person for conduct not
described in paragraph (11) of section 110 of title 17,
United States Code, even if that person also engages in
conduct described in paragraph (11) of section 110 of such
title.
``(B) A manufacturer, licensee, or licensor of technology
that enables the making of limited portions of audio or video
content of a motion picture imperceptible as described in
subparagraph (A) is not liable on account of such manufacture
or license for a violation of any right under this Act, if
such manufacturer, licensee, or licensor ensures that the
technology provides a clear and conspicuous notice at the
beginning of each performance that the performance of the
motion picture is altered from the performance intended by
the director or copyright holder of the motion picture. The
limitations on liability in subparagraph (A) and this
subparagraph shall not apply to a manufacturer, licensee, or
licensor of technology that fails to comply with this
paragraph.
``(C) The requirement under subparagraph (B) to provide
notice shall apply only with respect to technology
manufactured after the end of the 180-day period beginning on
the date of the enactment of the Family Movie Act of 2004.
``(D) Any failure by a manufacturer, licensee, or licensor
of technology to qualify for the exemption under
subparagraphs (A) and (B) shall not be construed to create an
inference of liability for trademark infringement for any
such party that engages in conduct described in paragraph
(11) of section 110 of title 17, United States Code.''.
(d) Definition.--In this section, the term ``Trademark Act
of 1946'' means the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(15 U.S.C. 1051 et seq.).
TITLE III--NATIONAL FILM PRESERVATION
Subtitle A--Reauthorization of the National Film Preservation Board
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``National Film
Preservation Act of 2004''.
SEC. 302. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress.--Section 103 of
the National Film Preservation Act of 1996 (2 U.S.C. 179m) is
amended--
(1) in subsection (b)--
(A) by striking ``film copy'' each place that term appears
and inserting ``film or other approved copy'';
(B) by striking ``film copies'' each place that term
appears and inserting ``film or other approved copies''; and
(C) in the third sentence, by striking ``copyrighted'' and
inserting ``copyrighted, mass distributed, broadcast, or
published''; and
(2) by adding at the end the following:
``(c) Coordination of Program With Other Collection,
Preservation, and Accessibility Activities.--In carrying out
the comprehensive national film preservation program for
motion pictures established under the National Film
Preservation Act of 1992, the Librarian, in consultation with
the Board established pursuant to section 104, shall--
``(1) carry out activities to make films included in the
National Film registry more broadly accessible for research
and educational purposes, and to generate public awareness
and support of the Registry and the comprehensive national
film preservation program;
``(2) review the comprehensive national film preservation
plan, and amend it to the extent necessary to ensure that it
addresses technological advances in the preservation and
storage of, and access to film collections in multiple
formats; and
``(3) wherever possible, undertake expanded initiatives to
ensure the preservation of the moving image heritage of the
United States, including film, videotape, television, and
born digital moving image formats, by supporting the work of
the National Audio-Visual Conservation Center of the Library
of Congress, and other appropriate nonprofit archival and
preservation organizations.''.
(b) National Film Preservation Board.--Section 104 of the
National Film Preservation Act of 1996 (2 U.S.C. 179n) is
amended--
(1) in subsection (a)(1) by striking ``20'' and inserting
``22'';
(2) in subsection (a) (2) by striking ``three'' and
inserting ``5'';
(3) in subsection (d) by striking ``11'' and inserting
``12''; and
(4) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Expenses.--Members of the Board
shall serve without pay, but may receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.''.
(c) National Film Registry.--Section 106 of the National
Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by
adding at the end the following:
``(e) National Audio-Visual Conservation Center.--The
Librarian shall utilize the National Audio-Visual
Conservation Center of the Library of Congress at Culpeper,
Virginia, to ensure that preserved films included in the
National Film Registry are stored in a proper manner, and
disseminated to researchers, scholars, and the public as may
be appropriate in accordance with--
``(1) title 17, United States Code; and
``(2) the terms of any agreements between the Librarian and
persons who hold copyrights to such audiovisual works.''.
(d) Use of Seal.--Section 107 (a) of the National Film
Preservation Act of 1996 (2 U.S.C. 179q(a)) is amended--
(1) in paragraph (1), by inserting ``in any format'' after
``or any copy''; and
(2) in paragraph (2), by striking ``or film copy'' and
inserting ``in any format''.
(e) Effective Date.--Section 113 of the National Film
Preservation Act of 1996 (2 U.S.C. 179w) is amended by
striking ``7'' and inserting ``12''.
Subtitle B--Reauthorization of the National Film Preservation
Foundation
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``National Film
Preservation Foundation Reauthorization Act of 2004''.
SEC. 312. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors.--Section 151703 of title 36, United
States Code, is amended--
(1) in subsection (b)(2)(A), by striking ``nine'' and
inserting ``12''; and
(2) in subsection (b)(4), by striking the second sentence
and inserting ``There shall be no limit to the number of
terms to which any individual may be appointed.''.
(b) Powers.--Section 151705 of title 36, United States
Code, is amended in subsection (b) by striking ``District of
Columbia'' and inserting ``the jurisdiction in which the
principal office of the corporation is located''.
(c) Principal Office.--Section 151706 of title 36, United
States Code, is amended by inserting ``, or another place as
determined by the board of directors'' after ``District of
Columbia''.
(d) Authorization of Appropriations.--Section 151711 of
title 36, United States Code, is amended by striking
subsections (a) and (b) and inserting the following:
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to the Library of Congress
amounts necessary to carry out this chapter, not to exceed
$530,000 for each of the fiscal years 2004 through 2008.
These amounts are to be made available to the corporation to
match any private contributions (whether in currency,
services, or property) made to the corporation by private
persons and State and local governments.
``(b) Limitation Related to Administrative Expenses.--
Amounts authorized under this section may not be used by the
corporation for management and general or fundraising
expenses as reported to the Internal Revenue Service as part
of an annual information return required under the Internal
Revenue Code of 1986.''.
TITLE IV--PRESERVATION OF ORPHAN WORKS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Preservation of Orphan
Works Act''.
SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND
ARCHIVES.
Section 108(i) of title 17, United States Code, is amended
by striking ``(b) and (c)'' and inserting ``(b), (c), and
(h)''.
TITLE V--ANTICOUNTERFEITING PROVISIONS AND FRAUDULENT ONLINE IDENTITY
SANCTIONS
Subtitle A--Anticounterfeiting Provisions
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ``Anticounterfeiting Act
of 2004''.
SEC. 502. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT
COMPONENTS.
(a) In General.--Section 2318 of title 18, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 2318. Trafficking in counterfeit labels, illicit
labels, or counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in
subsection (c), knowingly traffics in--
``(1) a counterfeit label or illicit label affixed to,
enclosing, or accompanying, or designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) documentation or packaging; or
``(2) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more
than 5 years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work' have'' and
inserting the following: `` `audiovisual work', `literary
work', `pictorial, graphic, or sculptural work', `sound
recording', `work of visual art', and `copyright owner'
have''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
[[Page S11686]]
``(4) the term `illicit label' means a genuine certificate,
licensing document, registration card, or similar labeling
component--
``(A) that is used by the copyright owner to verify that a
phonorecord, a copy of a computer program, a copy of a motion
picture or other audiovisual work, a copy of a literary work,
a copy of a pictorial, graphic, or sculptural work, a work of
visual art, or documentation or packaging is not counterfeit
or infringing of any copyright; and
``(B) that is, without the authorization of the copyright
owner--
``(i) distributed or intended for distribution not in
connection with the copy, phonorecord, or work of visual art
to which such labeling component was intended to be affixed
by the respective copyright owner; or
``(ii) in connection with a genuine certificate or
licensing document, knowingly falsified in order to designate
a higher number of licensed users or copies than authorized
by the copyright owner, unless that certificate or document
is used by the copyright owner solely for the purpose of
monitoring or tracking the copyright owner's distribution
channel and not for the purpose of verifying that a copy or
phonorecord is noninfringing;
``(5) the term `documentation or packaging' means
documentation or packaging, in physical form, for a
phonorecord, copy of a computer program, copy of a motion
picture or other audiovisual work, copy of a literary work,
copy of a pictorial, graphic, or sculptural work, or work of
visual art; and
``(6) the term `counterfeit documentation or packaging'
means documentation or packaging that appears to be genuine,
but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord of a copyrighted sound recording or
copyrighted musical work;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) copyrighted documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program''; and
(5) in subsection (d)--
(A) by inserting ``or illicit labels'' after ``counterfeit
labels'' each place it appears; and
(B) by inserting before the period at the end the
following: ``, and of any equipment, device, or material used
to manufacture, reproduce, or assemble the counterfeit labels
or illicit labels''.
(b) Civil Remedies.--Section 2318 of title 18, United
States Code, is further amended by adding at the end the
following:
``(f) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or
is threatened with injury, by a violation of subsection (a)
may bring a civil action in an appropriate United States
district court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of subsection
(a);
``(B) at any time while the action is pending, may order
the impounding, on such terms as the court determines to be
reasonable, of any article that is in the custody or control
of the alleged violator and that the court has reasonable
cause to believe was involved in a violation of subsection
(a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional profits of the
violator, as provided in paragraph (3); or
``(II) statutory damages, as provided in paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the injured party as a
result of a violation of subsection (a), as provided in
subparagraph (B) of this paragraph; and
``(ii) any profits of the violator that are attributable to
a violation of subsection (a) and are not taken into account
in computing the actual damages.
``(B) Calculation of damages.--The court shall calculate
actual damages by multiplying--
``(i) the value of the phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit labels, or counterfeit documentation or packaging, by
``(ii) the number of phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit labels, or counterfeit documentation or packaging.
``(C) Definition.--For purposes of this paragraph, the
`value' of a phonorecord, copy, or work of visual art is--
``(i) in the case of a copyrighted sound recording or
copyrighted musical work, the retail value of an authorized
phonorecord of that sound recording or musical work;
``(ii) in the case of a copyrighted computer program, the
retail value of an authorized copy of that computer program;
``(iii) in the case of a copyrighted motion picture or
other audiovisual work, the retail value of an authorized
copy of that motion picture or audiovisual work;
``(iv) in the case of a copyrighted literary work, the
retail value of an authorized copy of that literary work;
``(v) in the case of a pictorial, graphic, or sculptural
work, the retail value of an authorized copy of that work;
and
``(vi) in the case of a work of visual art, the retail
value of that work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover,
instead of actual damages and profits, an award of statutory
damages for each violation of subsection (a) in a sum of not
less than $2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has
subsequently violated subsection (a) within 3 years after a
final judgment was entered against that person for a
violation of that subsection.
``(6) Limitation on actions.--A civil action may not be
commenced under this subsection unless it is commenced within
3 years after the date on which the claimant discovers the
violation of subsection (a).''.
(c) Conforming Amendment.--The item relating to section
2318 in the table of sections for chapter 113 of title 18,
United States Code, is amended to read as follows:
``2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging.''.
SEC. 503. OTHER RIGHTS NOT AFFECTED.
(a) Chapters 5 and 12 of Title 17; Electronic
Transmissions.--The amendments made by this subtitle--
(1) shall not enlarge, diminish, or otherwise affect any
liability or limitations on liability under sections 512,
1201, or 1202 of title 17, United States Code; and
(2) shall not be construed to apply--
(A) in any case, to the electronic transmission of a
genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title
18, United States Code, as amended by this subtitle; and
(B) in the case of a civil action under section 2318(f) of
title 18, United States Code, to the electronic transmission
of a counterfeit label or counterfeit documentation or
packaging defined in paragraph (1) or (6) of section 2318(b)
of title 18, United States Code.
(b) Fair Use.--The amendments made by this subtitle shall
not affect the fair use, under section 107 of title 17,
United States Code, of a genuine certificate, licensing
document, registration card, similar labeling component, or
documentation or packaging described in paragraph (4) or (5)
of section 2318(b) of title 18, United States Code, as
amended by this subtitle.
Subtitle B--Fraudulent Online Identity Sanctions
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ``Fraudulent Online
Identity Sanctions Act''.
SEC. 512. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(commonly referred to as the ``Trademark Act of 1946''; 15
U.S.C. 1117), is amended by adding at the end the following
new subsection:
``(e) In the case of a violation referred to in this
section, it shall be a rebuttable presumption that the
violation is willful for purposes of determining relief if
the violator, or a person acting in concert with the
violator, knowingly provided or knowingly caused to be
provided materially false contact information to a domain
name registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or
renewing a domain name used in connection with the violation.
Nothing in this subsection limits what may be considered a
willful violation under this section.''.
SEC. 513. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended
by adding at the end the following new paragraph:
``(3) (A) In a case of infringement, it shall be a
rebuttable presumption that the infringement was committed
willfully for purposes of determining relief if the violator,
or a person acting in concert with the violator, knowingly
provided or knowingly caused to be provided materially false
contact information to a domain name registrar, domain name
registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in
connection with the infringement.
``(B) Nothing in this paragraph limits what may be
considered willful infringement under this subsection.
``(C) For purposes of this paragraph, the term `domain
name' has the meaning given that term in section 45 of the
Act entitled `An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for
other purposes'
[[Page S11687]]
approved July 5, 1946 (commonly referred to as the `Trademark
Act of 1946'; 15 U.S.C. 1127).''.
SEC. 514. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) Sentencing Enhancement.--Section 3559 of title 18,
United States Code, is amended by adding at the end the
following:
``(f)(1) If a defendant who is convicted of a felony
offense (other than offense of which an element is the false
registration of a domain name) knowingly falsely registered a
domain name and knowingly used that domain name in the course
of that offense, the maximum imprisonment otherwise provided
by law for that offense shall be doubled or increased by 7
years, whichever is less.
``(2) As used in this subsection--
``(A) the term `falsely registers' means registers in a
manner that prevents the effective identification of or
contact with the person who registers; and
``(B) the term `domain name' has the meaning given that
term in section 45 of the Act entitled `An Act to provide for
the registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes' approved
July 5, 1946 (commonly referred to as the `Trademark Act of
1946') (15 U.S.C. 1127).''.
(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission
shall review and amend the sentencing guidelines and policy
statements to ensure that the applicable guideline range for
a defendant convicted of any felony offense carried out
online that may be facilitated through the use of a domain
name registered with materially false contact information is
sufficiently stringent to deter commission of such acts.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements
for anyone convicted of any felony offense furthered through
knowingly providing or knowingly causing to be provided
materially false contact information to a domain name
registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or
renewing a domain name used in connection with the violation.
(3) Definition.--For purposes of this subsection, the term
``domain name'' has the meaning given that term in section 45
of the Act entitled ``An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (commonly referred to
as the ``Trademark Act of 1946''; 15 U.S.C. 1127).
SEC. 515. CONSTRUCTION.
(a) Free Speech and Press.--Nothing in this subtitle shall
enlarge or diminish any rights of free speech or of the press
for activities related to the registration or use of domain
names.
(b) Discretion of Courts in Determining Relief.--Nothing in
this subtitle shall restrict the discretion of a court in
determining damages or other relief to be assessed against a
person found liable for the infringement of intellectual
property rights.
(c) Discretion of Courts in Determining Terms of
Imprisonment.--Nothing in this subtitle shall be construed to
limit the discretion of a court to determine the appropriate
term of imprisonment for an offense under applicable law.
TITLE VI--COOPERATIVE RESEARCH AND TECHNOLOGY ENHANCEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Cooperative Research and
Technology Enhancement (CREATE) Act of 2004''.
SEC. 602. COLLABORATIVE EFFORTS ON CLAIMED INVENTIONS.
Section 103(c) of title 35, United States Code, is amended
to read as follows:
``(c)(1) Subject matter developed by another person, which
qualifies as prior art only under one or more of subsections
(e), (f), and (g) of section 102 of this title, shall not
preclude patentability under this section where the subject
matter and the claimed invention were, at the time the
claimed invention was made, owned by the same person or
subject to an obligation of assignment to the same person.
``(2) For purposes of this subsection, subject matter
developed by another person and a claimed invention shall be
deemed to have been owned by the same person or subject to an
obligation of assignment to the same person if--
``(A) the claimed invention was made by or on behalf of
parties to a joint research agreement that was in effect on
or before the date the claimed invention was made;
``(B) the claimed invention was made as a result of
activities undertaken within the scope of the joint research
agreement; and
``(C) the application for patent for the claimed invention
discloses or is amended to disclose the names of the parties
to the joint research agreement.
``(3) For purposes of paragraph (2), the term `joint
research agreement' means a written contract, grant, or
cooperative agreement entered into by two or more persons or
entities for the performance of experimental, developmental,
or research work in the field of the claimed invention.''.
SEC. 603. EFFECTIVE DATE.
(a) In General.--The amendments made by this title shall
apply to any patent granted on or after the date of the
enactment of this Act.
(b) Special Rule.--The amendments made by this title shall
not affect any final decision of a court or the United States
Patent and Trademark Office rendered before the date of the
enactment of this Act, and shall not affect the right of any
party in any action pending before the United States Patent
and Trademark Office or a court on the date of the enactment
of this Act to have that party's rights determined on the
basis of the provisions of title 35, United States Code, in
effect on the day before the date of the enactment of this
Act.
TITLE VII--PROFESSIONAL BOXING SAFETY
SEC. 701. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the
``Professional Boxing Amendments Act of 2004''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. 701. Short title; table of contents.
Sec. 702. Amendment of Professional Boxing Safety Act of 1996.
Sec. 703. Definitions.
Sec. 704. Purposes.
Sec. 705. United States Boxing Commission approval, or ABC or
commission sanction, required for matches.
Sec. 706. Safety standards.
Sec. 707. Registration.
Sec. 708. Review.
Sec. 709. Reporting.
Sec. 710. Contract requirements.
Sec. 711. Coercive contracts.
Sec. 712. Sanctioning organizations.
Sec. 713. Required disclosures by sanctioning organizations.
Sec. 714. Required disclosures by promoters and broadcasters.
Sec. 715. Judges and referees.
Sec. 716. Medical registry.
Sec. 717. Conflicts of interest.
Sec. 718. Enforcement.
Sec. 719. Repeal of deadwood.
Sec. 720. Recognition of tribal law.
Sec. 721. Establishment of United States Boxing Commission.
Sec. 722. Study and report on definition of promoter.
Sec. 723. Effective date.
SEC. 702. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF
1996.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Professional Boxing Safety Act of 1996
(15 U.S.C. 6301 et seq.).
SEC. 703. DEFINITIONS.
(a) In General.--Section 2 (15 U.S.C. 6301) is amended to
read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Commission.--The term `Commission' means the United
States Boxing Commission.
``(2) Bout agreement.--The term `bout agreement' means a
contract between a promoter and a boxer that requires the
boxer to participate in a professional boxing match for a
particular date.
``(3) Boxer.--The term `boxer' means an individual who
fights in a professional boxing match.
``(4) Boxing commission.--The term `boxing commission'
means an entity authorized under State or tribal law to
regulate professional boxing matches.
``(5) Boxer registry.--The term `boxer registry' means any
entity certified by the Commission for the purposes of
maintaining records and identification of boxers.
``(6) Boxing service provider.--The term `boxing service
provider' means a promoter, manager, sanctioning body,
licensee, or matchmaker.
``(7) Contract provision.--The term `contract provision'
means any legal obligation between a boxer and a boxing
service provider.
``(8) Indian lands; indian tribe.--The terms `Indian lands'
and `Indian tribe' have the meanings given those terms by
paragraphs (4) and (5), respectively, of section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703).
``(9) Licensee.--The term `licensee' means an individual
who serves as a trainer, corner man, second, or cut man for a
boxer.
``(10) Manager.--The term `manager' means a person other
than a promoter who, under contract, agreement, or other
arrangement with a boxer, undertakes to control or
administer, directly or indirectly, a boxing-related matter
on behalf of that boxer, including a person who is a booking
agent for a boxer.
``(11) Matchmaker.--The term `matchmaker' means a person
that proposes, selects, and arranges for boxers to
participate in a professional boxing match.
``(12) Physician.--The term `physician' means a doctor of
medicine legally authorized to practice medicine by the State
in which the physician performs such function or action and
who has training and experience in dealing with sports
injuries, particularly head trauma.
``(13) Professional boxing match.--The term `professional
boxing match' means a
[[Page S11688]]
boxing contest held in the United States between individuals
for financial compensation. The term `professional boxing
match' does not include a boxing contest that is regulated by
a duly recognized amateur sports organization, as approved by
the Commission.
``(14) Promoter.--The term `promoter'--
``(A) means the person primarily responsible for
organizing, promoting, and producing a professional boxing
match; but
``(B) does not include a hotel, casino, resort, or other
commercial establishment hosting or sponsoring a professional
boxing match unless--
``(i) the hotel, casino, resort, or other commercial
establishment is primarily responsible for organizing,
promoting, and producing the match; and
``(ii) there is no other person primarily responsible for
organizing, promoting, and producing the match.
``(15) Promotional agreement.--The term `promotional
agreement' means a contract, for the acquisition of rights
relating to a boxer's participation in a professional boxing
match or series of boxing matches (including the right to
sell, distribute, exhibit, or license the match or matches),
with--
``(A) the boxer who is to participate in the match or
matches; or
``(B) the nominee of a boxer who is to participate in the
match or matches, or the nominee is an entity that is owned,
controlled or held in trust for the boxer unless that nominee
or entity is a licensed promoter who is conveying a portion
of the rights previously acquired.
``(16) State.--The term `State' means each of the 50
States, Puerto Rico, the District of Columbia, and any
territory or possession of the United States, including the
Virgin Islands.
``(17) Sanctioning organization.--The term `sanctioning
organization' means an organization, other than a boxing
commission, that sanctions professional boxing matches, ranks
professional boxers, or charges a sanctioning fee for
professional boxing matches in the United States--
``(A) between boxers who are residents of different States;
or
``(B) that are advertised, otherwise promoted, or broadcast
(including closed circuit television) in interstate commerce.
``(18) Suspension.--The term `suspension' includes within
its meaning the temporary revocation of a boxing license.
``(19) Tribal organization.--The term `tribal organization'
has the same meaning as in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l)).''.
(b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is
amended to read as follows:
``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN
LANDS.
``(a) In General.--Notwithstanding any other provision of
law, a tribal organization may establish a boxing commission
to regulate professional boxing matches held on Indian land
under the jurisdiction of that tribal organization.
``(b) Standards and Licensing.--A tribal organization that
establishes a boxing commission shall, by tribal ordinance or
resolution, establish and provide for the implementation of
health and safety standards, licensing requirements, and
other requirements relating to the conduct of professional
boxing matches that are at least as restrictive as--
``(1) the otherwise applicable requirements of the State in
which the Indian land on which the professional boxing match
is held is located; or
``(2) the guidelines established by the United States
Boxing Commission.
``(c) Application of Act to Boxing Matches on Tribal
Lands.--The provisions of this Act apply to professional
boxing matches held on tribal lands to the same extent and in
the same way as they apply to professional boxing matches
held in any State.''.
SEC. 704. PURPOSES.
Section 3(2) (15 U.S.C. 6302(2)) is amended by striking
``State''.
SEC. 705. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR
COMMISSION SANCTION, REQUIRED FOR MATCHES.
(a) In General.--Section 4 (15 U.S.C. 6303) is amended to
read as follows:
``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.
``(a) In General.--No person may arrange, promote,
organize, produce, or fight in a professional boxing match
within the United States unless the match--
``(1) is approved by the Commission; and
``(2) is held in a State, or on tribal land of a tribal
organization, that regulates professional boxing matches in
accordance with standards and criteria established by the
Commission.
``(b) Approval Presumed.--
``(1) In general.--For purposes of subsection (a), the
Commission shall be presumed to have approved any match other
than--
``(A) a match with respect to which the Commission has been
informed of an alleged violation of this Act and with respect
to which it has notified the supervising boxing commission
that it does not approve;
``(B) a match advertised to the public as a championship
match;
``(C) a match scheduled for 10 rounds or more; or
``(D) a match in which 1 of the boxers has--
``(i) suffered 10 consecutive defeats in professional
boxing matches; or
``(ii) has been knocked out 5 consecutive times in
professional boxing matches.
``(2) Delegation of approval authority.--Notwithstanding
paragraph (1), the Commission shall be presumed to have
approved a match described in subparagraph (B), (C), or (D)
of paragraph (1) if--
``(A) the Commission has delegated in writing its approval
authority with respect to that match to a boxing commission;
and
``(B) the boxing commission has approved the match.
``(3) Knocked-out defined.--Except as may be otherwise
provided by the Commission by rule, in paragraph (1)(D)(ii),
the term `knocked out' means knocked down and unable to
continue after a count of 10 by the referee or stopped from
continuing because of a technical knockout.''.
(b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is
repealed.
SEC. 706. SAFETY STANDARDS.
Section 5 (15 U.S.C. 6304) is amended--
(1) by striking ``requirements or an alternative
requirement in effect under regulations of a boxing
commission that provides equivalent protection of the health
and safety of boxers:'' and inserting ``requirements:'';
(2) by adding at the end of paragraph (1) ``The examination
shall include testing for infectious diseases in accordance
with standards established by the Commission.'';
(3) by striking paragraph (2) and inserting the following:
``(2) An ambulance continuously present on site.'';
(4) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following:
``(3) Emergency medical personnel with appropriate
resuscitation equipment continuously present on site.''; and
(5) by striking ``match.'' in paragraph (5), as
redesignated, and inserting ``match in an amount prescribed
by the Commission.''.
SEC. 707. REGISTRATION.
Section 6 (15 U.S.C. 6305) is amended--
(1) by inserting ``or Indian tribe'' after ``State'' the
second place it appears in subsection (a)(2);
(2) by striking the first sentence of subsection (c) and
inserting ``A boxing commission shall, in accordance with
requirements established by the Commission, make a health and
safety disclosure to a boxer when issuing an identification
card to that boxer.'';
(3) by striking ``should'' in the second sentence of
subsection (c) and inserting ``shall, at a minimum,''; and
(4) by adding at the end the following:
``(d) Copy of Registration and Identification Cards To Be
Sent to Commission.--A boxing commission shall furnish a copy
of each registration received under subsection (a), and each
identification card issued under subsection (b), to the
Commission.''.
SEC. 708. REVIEW.
Section 7 (15 U.S.C. 6306) is amended--
(1) by striking ``that, except as provided in subsection
(b), no'' in subsection (a)(2) and inserting ``that no'';
(2) by striking paragraphs (3) and (4) of subsection (a)
and inserting the following:
``(3) Procedures to review a summary suspension when a
hearing before the boxing commission is requested by a boxer,
licensee, manager, matchmaker, promoter, or other boxing
service provider which provides an opportunity for that
person to present evidence.'';
(3) by striking subsection (b); and
(4) by striking ``(a) Procedures.--''.
SEC. 709. REPORTING.
Section 8 (15 U.S.C. 6307) is amended--
(1) by striking ``48 business hours'' and inserting ``2
business days'';
(2) by striking ``bxoing'' and inserting ``boxing''; and
(3) by striking ``each boxer registry.'' and inserting
``the Commission.''.
SEC. 710. CONTRACT REQUIREMENTS.
Section 9 (15 U.S.C. 6307a) is amended to read as follows:
``SEC. 9. CONTRACT REQUIREMENTS.
``(a) In General.--The Commission, in consultation with the
Association of Boxing Commissions, shall develop guidelines
for minimum contractual provisions that shall be included in
each bout agreement, boxer-manager contract, and promotional
agreement. Each boxing commission shall ensure that these
minimal contractual provisions are present in any such
agreement or contract submitted to it.
``(b) Filing and Approval Requirements.--
``(1) Commission.--A manager or promoter shall submit a
copy of each boxer-manager contract and each promotional
agreement between that manager or promoter and a boxer to the
Commission, and, if requested, to the boxing commission with
jurisdiction over the bout.
``(2) Boxing commission.--A boxing commission may not
approve a professional boxing match unless a copy of the bout
agreement related to that match has been filed with it and
approved by it.
``(c) Bond or Other Surety.--A boxing commission may not
approve a professional boxing match unless the promoter of
that match has posted a surety bond, cashier's check, letter
of credit, cash, or other security with the boxing commission
in an amount acceptable to the boxing commission.''.
SEC. 711. COERCIVE CONTRACTS.
Section 10 (15 U.S.C. 6307b) is amended--
[[Page S11689]]
(1) by striking paragraph (3) of subsection (a);
(2) by inserting ``or elimination'' after ``mandatory'' in
the heading of subsection (b); and
(3) by inserting ``or elimination'' after ``mandatory'' in
subsection (b).
SEC. 712. SANCTIONING ORGANIZATIONS.
(a) In General.--Section 11 (15 U.S.C. 6307c) is amended to
read as follows:
``SEC. 11. SANCTIONING ORGANIZATIONS.
``(a) Objective Criteria.--Within 1 year after the date of
enactment of the Professional Boxing Amendments Act of 2004,
the Commission shall develop guidelines for objective and
consistent written criteria for the rating of professional
boxers based on the athletic merits and professional record
of the boxers. Within 90 days after the Commission's
promulgation of the guidelines, each sanctioning organization
shall adopt the guidelines and follow them.
``(b) Notification of Change in Rating.--A sanctioning
organization shall, with respect to a change in the rating of
a boxer previously rated by such organization in the top 10
boxers--
``(1) post a copy, within 7 days after the change, on its
Internet website or home page, if any, including an
explanation of the change, for a period of not less than 30
days;
``(2) provide a copy of the rating change and a thorough
explanation in writing under penalty of perjury to the boxer
and the Commission;
``(3) provide the boxer an opportunity to appeal the
ratings change to the sanctioning organization; and
``(4) apply the objective criteria for ratings required
under subsection (a) in considering any such appeal.
``(c) Challenge of Rating.--If, after disposing with an
appeal under subsection (b)(3), a sanctioning organization
receives a petition from a boxer challenging that
organization's rating of the boxer, it shall (except to the
extent otherwise required by the Commission), within 7 days
after receiving the petition--
``(1) provide to the boxer a written explanation under
penalty of perjury of the organization's rating criteria, its
rating of the boxer, and the rationale or basis for its
rating (including a response to any specific questions
submitted by the boxer); and
``(2) submit a copy of its explanation to the Association
of Boxing Commissions and the Commission for their review.''.
(b) Conforming Amendments.--Section 18(e) (15 U.S.C.
6309(e)) is amended--
(1) by striking ``Federal Trade Commission,'' in the
subsection heading and inserting ``United States Boxing
Commission''; and
(2) by striking ``Federal Trade Commission,'' in paragraph
(1) and inserting ``United States Boxing Commission,''.
SEC. 713. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.
Section 12 (15 U.S.C. 6307d) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting ``Within 7 days after a professional boxing match
of 10 rounds or more, the sanctioning organization, if any,
for that match shall provide to the Commission, and, if
requested, to the boxing commission in the State or on Indian
land responsible for regulating the match, a written
statement of--'';
(2) by striking ``will assess'' in paragraph (1) and
inserting ``has assessed, or will assess,''; and
(3) by striking ``will receive'' in paragraph (2) and
inserting ``has received, or will receive,''.
SEC. 714. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.
Section 13 (15 U.S.C. 6307e) is amended--
(1) by striking ``PROMOTERS.'' in the section caption and
inserting ``PROMOTERS AND BROADCASTERS.'';
(2) by striking so much of subsection (a) as precedes
paragraph (1) and inserting the following:
``(a) Disclosures to Boxing Commissions and the
Commission.--Within 7 days after a professional boxing match
of 10 rounds or more, the promoter of any boxer participating
in that match shall provide to the Commission, and, if
requested, to the boxing commission in the State or on Indian
land responsible for regulating the match--'';
(3) by striking ``writing,'' in subsection (a)(1) and
inserting ``writing, other than a bout agreement previously
provided to the commission,'';
(4) by striking ``all fees, charges, and expenses that will
be'' in subsection (a)(3)(A) and inserting ``a written
statement of all fees, charges, and expenses that have been,
or will be,'';
(5) by inserting ``a written statement of'' before ``all''
in subsection (a)(3)(B);
(6) by inserting ``a statement of'' before ``any'' in
subsection (a)(3)(C);
(7) by striking the matter in subsection (b) following
``Boxer.--'' and preceding paragraph (1) and inserting
``Within 7 days after a professional boxing match of 10
rounds or more, the promoter of the match shall provide to
each boxer participating in the bout or match with whom the
promoter has a bout or promotional agreement a statement
of--'';
(8) by striking ``match;'' in subsection (b)(1) and
inserting ``match, and that the promoter has paid, or agreed
to pay, to any other person in connection with the match;'';
and
(9) by adding at the end the following:
``(d) Required Disclosures by Broadcasters.--
``(1) In general.--A broadcaster that owns the television
broadcast rights for a professional boxing match of 10 rounds
or more shall, within 7 days after that match, provide to the
Commission--
``(A) a statement of any advance, guarantee, or license fee
paid or owed by the broadcaster to a promoter in connection
with that match;
``(B) a copy of any contract executed by or on behalf of
the broadcaster with--
``(i) a boxer who participated in that match; or
``(ii) the boxer's manager, promoter, promotional company,
or other representative or the owner or representative of the
site of the match; and
``(C) a list identifying sources of income received from
the broadcast of the match.
``(2) Copy to boxing commission.--Upon request from the
boxing commission in the State or Indian land responsible for
regulating a match to which paragraph (1) applies, a
broadcaster shall provide the information described in
paragraph (1) to that boxing commission.
``(3) Confidentiality.--The information provided to the
Commission or to a boxing commission pursuant to this
subsection shall be confidential and not revealed by the
Commission or a boxing commission, except that the Commission
may publish an analysis of the data in aggregate form or in a
manner which does not disclose confidential information about
identifiable broadcasters.
``(4) Television broadcast rights.--In paragraph (1), the
term `television broadcast rights' means the right to
broadcast the match, or any part thereof, via a broadcast
station, cable service, or multichannel video programming
distributor as such terms are defined in section 3(5),
602(6), and 602(13) of the Communications Act of 1934 (47
U.S.C. 153(5), 602(6), and 602(13), respectively).''.
SEC. 715. JUDGES AND REFEREES.
(a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
(1) by inserting ``(a) Licensing and Assignment
Requirement.--'' before ``No person'';
(2) by striking ``certified and approved'' and inserting
``selected'';
(3) by inserting ``or Indian lands'' after ``State''; and
(4) by adding at the end the following:
``(b) Championship and 10-Round Bouts.--In addition to the
requirements of subsection (a), no person may arrange,
promote, organize, produce, or fight in a professional boxing
match advertised to the public as a championship match or in
a professional boxing match scheduled for 10 rounds or more
unless all referees and judges participating in the match
have been licensed by the Commission.
``(c) Role of Sanctioning Organization.--A sanctioning
organization may provide a list of judges and referees deemed
qualified by that organization to a boxing commission, but
the boxing commission shall select, license, and appoint the
judges and referees participating in the match.
``(d) Assignment of Nonresident Judges and Referees.--A
boxing commission may assign judges and referees who reside
outside that commission's State or Indian land.
``(e) Required Disclosure.--A judge or referee shall
provide to the boxing commission responsible for regulating a
professional boxing match in a State or on Indian land a
statement of all consideration, including reimbursement for
expenses, that the judge or referee has received, or will
receive, from any source for participation in the match. If
the match is scheduled for 10 rounds or more, the judge or
referee shall also provide such a statement to the
Commission.''.
(b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is
repealed.
SEC. 716. MEDICAL REGISTRY.
The Act is amended by inserting after section 13 (15 U.S.C.
6307e) the following:
``SEC. 14. MEDICAL REGISTRY.
``(a) In General.--The Commission shall establish and
maintain, or certify a third party entity to establish and
maintain, a medical registry that contains comprehensive
medical records and medical denials or suspensions for every
licensed boxer.
``(b) Content; Submission.--The Commission shall
determine--
``(1) the nature of medical records and medical suspensions
of a boxer that are to be forwarded to the medical registry;
and
``(2) the time within which the medical records and medical
suspensions are to be submitted to the medical registry.
``(c) Confidentiality.--The Commission shall establish
confidentiality standards for the disclosure of personally
identifiable information to boxing commissions that will--
``(1) protect the health and safety of boxers by making
relevant information available to the boxing commissions for
use but not public disclosure; and
``(2) ensure that the privacy of the boxers is
protected.''.
SEC. 717. CONFLICTS OF INTEREST.
Section 17 (15 U.S.C. 6308) is amended--
(1) by striking ``enforces State boxing laws,'' in
subsection (a) and inserting ``implements State or tribal
boxing laws, no officer or employee of the Commission,'';
(2) by striking ``belong to,'' and inserting ``hold office
in,'' in subsection (a);
(3) by striking the last sentence of subsection (a);
(4) by striking subsection (b) and inserting the following:
``(b) Boxers.--A boxer may not own or control, directly or
indirectly, an entity that promotes the boxer's bouts if that
entity is responsible for--
[[Page S11690]]
``(1) executing a bout agreement or promotional agreement
with the boxer's opponent; or
``(2) providing any payment or other compensation to--
``(A) the boxer's opponent for participation in a bout with
the boxer;
``(B) the boxing commission that will regulate the bout; or
``(C) ring officials who officiate at the bout.''.
SEC. 718. ENFORCEMENT.
Section 18 (15 U.S.C. 6309) is amended--
(1) by striking ``(a) Injunctions.--'' in subsection (a)
and inserting ``(a) Actions by Attorney General.--'';
(2) by striking ``enforces State boxing laws,'' in
subsection (b)(3) and inserting ``implements State or tribal
boxing laws, any officer or employee of the Commission,'';
(3) by inserting ``has engaged in or'' after
``organization'' in subsection (c);
(4) by striking ``subsection (b)'' in subsection (c)(3) and
inserting ``subsection (b), a civil penalty, or''; and
(5) by striking ``boxer'' in subsection (d) and inserting
``person''.
SEC. 719. REPEAL OF DEADWOOD.
Section 20 (15 U.S.C. 6311) is repealed.
SEC. 720. RECOGNITION OF TRIBAL LAW.
Section 22 (15 U.S.C. 6313) is amended--
(1) by insert ``or tribal'' in the section heading after
``state''; and
(2) by inserting ``or indian tribe'' after ``State''.
SEC. 721. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) In General.--The Act is amended by adding at the end
the following:
``TITLE II--UNITED STATES BOXING COMMISSION
``SEC. 201. PURPOSE.
``The purpose of this title is to protect the health,
safety, and welfare of boxers and to ensure fairness in the
sport of professional boxing.
``SEC. 202. UNITED STATES BOXING COMMISSION.
``(a) In General.--The United States Boxing Commission is
established as a commission within the Department of
Commerce.
``(b) Members.--
``(1) In general.--The Commission shall consist of 3
members appointed by the President, by and with the advice
and consent of the Senate.
``(2) Qualifications.--
``(A) In general.--Each member of the Commission shall be a
citizen of the United States who--
``(i) has extensive experience in professional boxing
activities or in a field directly related to professional
sports;
``(ii) is of outstanding character and recognized
integrity; and
``(iii) is selected on the basis of training, experience,
and qualifications and without regard to political party
affiliation.
``(B) Specific qualifications for certain members.--At
least 1 member of the Commission shall be a former member of
a local boxing authority. If practicable, at least 1 member
of the Commission shall be a physician or other health care
professional duly licensed as such.
``(C) Disinterested persons.--No member of the Commission
may, while serving as a member of the Commission--
``(i) be engaged as a professional boxer, boxing promoter,
agent, fight manager, matchmaker, referee, judge, or in any
other capacity in the conduct of the business of professional
boxing;
``(ii) have any pecuniary interest in the earnings of any
boxer or the proceeds or outcome of any boxing match; or
``(iii) serve as a member of a boxing commission.
``(3) Bipartisan membership.--Not more than 2 members of
the Commission may be members of the same political party.
``(4) Geographic balance.--Not more than 2 members of the
Commission may be residents of the same geographic region of
the United States when appointed to the Commission. For
purposes of the preceding sentence, the area of the United
States east of the Mississippi River is a geographic region,
and the area of the United States west of the Mississippi
River is a geographic region.
``(5) Terms.--
``(A) In general.--The term of a member of the Commission
shall be 3 years.
``(B) Reappointment.--Members of the Commission may be
reappointed to the Commission.
``(C) Midterm vacancies.--A member of the Commission
appointed to fill a vacancy in the Commission occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed for the
remainder of that unexpired term.
``(D) Continuation pending replacement.--A member of the
Commission may serve after the expiration of that member's
term until a successor has taken office.
``(6) Removal.--A member of the Commission may be removed
by the President only for cause.
``(c) Executive Director.--
``(1) In general.--The Commission shall employ an Executive
Director to perform the administrative functions of the
Commission under this Act, and such other functions and
duties of the Commission as the Commission shall specify.
``(2) Discharge of functions.--Subject to the authority,
direction, and control of the Commission the Executive
Director shall carry out the functions and duties of the
Commission under this Act.
``(d) General Counsel.--The Commission shall employ a
General Counsel to provide legal counsel and advice to the
Executive Director and the Commission in the performance of
its functions under this Act, and to carry out such other
functions and duties as the Commission shall specify.
``(e) Staff.--The Commission shall employ such additional
staff as the Commission considers appropriate to assist the
Executive Director and the General Counsel in carrying out
the functions and duties of the Commission under this Act.
``(f) Compensation.--
``(1) Members of commission.--
``(A) In general.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission.
``(B) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
``(2) Executive director and staff.--The Commission shall
fix the compensation of the Executive Director, the General
Counsel, and other personnel of the Commission. The rate of
pay for the Executive Director, the General Counsel, and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title 5,
United States Code.
``SEC. 203. FUNCTIONS.
``(a) Primary Functions.--The primary functions of the
Commission are--
``(1) to protect the health, safety, and general interests
of boxers consistent with the provisions of this Act; and
``(2) to ensure uniformity, fairness, and integrity in
professional boxing.
``(b) Specific Functions.--The Commission shall--
``(1) administer title I of this Act;
``(2) promulgate uniform standards for professional boxing
in consultation with the Association of Boxing Commissions;
``(3) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United States;
``(4) work with the boxing commissions of the several
States and tribal organizations--
``(A) to improve the safety, integrity, and professionalism
of professional boxing in the United States;
``(B) to enhance physical, medical, financial, and other
safeguards established for the protection of professional
boxers; and
``(C) to improve the status and standards of professional
boxing in the United States;
``(5) ensure, in cooperation with the Attorney General (who
shall represent the Commission in any judicial proceeding
under this Act), the chief law enforcement officer of the
several States, and other appropriate officers and agencies
of Federal, State, and local government, that Federal and
State laws applicable to professional boxing matches in the
United States are vigorously, effectively, and fairly
enforced;
``(6) review boxing commission regulations for professional
boxing and provide assistance to such authorities in meeting
minimum standards prescribed by the Commission under this
title;
``(7) serve as the coordinating body for all efforts in the
United States to establish and maintain uniform minimum
health and safety standards for professional boxing;
``(8) if the Commission determines it to be appropriate,
publish a newspaper, magazine, or other publication and
establish and maintain a website consistent with the purposes
of the Commission;
``(9) procure the temporary and intermittent services of
experts and consultants to the extent authorized by section
3109(b) of title 5, United States Code, at rates the
Commission determines to be reasonable; and
``(10) promulgate rules, regulations, and guidance, and
take any other action necessary and proper to accomplish the
purposes of, and consistent with, the provisions of this
title.
``(c) Prohibitions.--The Commission may not--
``(1) promote boxing events or rank professional boxers; or
``(2) provide technical assistance to, or authorize the use
of the name of the Commission by, boxing commissions that do
not comply with requirements of the Commission.
``(d) Use of Name.--The Commission shall have the exclusive
right to use the name `United States Boxing Commission'. Any
person who, without the permission of the Commission, uses
that name or any other exclusive name, trademark, emblem,
symbol, or insignia of the Commission for the purpose of
inducing the sale or exchange of any goods or services, or to
promote any exhibition, performance, or sporting event, shall
be subject to suit in a civil action by the Commission for
the remedies provided in the Act of July 5, 1946 (commonly
known as the `Trademark Act of 1946'; 15 U.S.C. 1051 et
seq.).
``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
``(a) Licensing.--
``(1) Requirement for license.--No person may compete in a
professional boxing match
[[Page S11691]]
or serve as a boxing manager, boxing promoter, or sanctioning
organization for a professional boxing match except as
provided in a license granted to that person under this
subsection.
``(2) Application and term.--
``(A) In general.--The Commission shall--
``(i) establish application procedures, forms, and fees;
``(ii) establish and publish appropriate standards for
licenses granted under this section; and
``(iii) issue a license to any person who, as determined by
the Commission, meets the standards established by the
Commission under this title.
``(B) Duration.--A license issued under this section shall
be for a renewable--
``(i) 4-year term for a boxer; and
``(ii) 2-year term for any other person.
``(C) Procedure.--The Commission may issue a license under
this paragraph through boxing commissions or in a manner
determined by the Commission.
``(b) Licensing Fees.--
``(1) Authority.--The Commission may prescribe and charge
reasonable fees for the licensing of persons under this
title. The Commission may set, charge, and adjust varying
fees on the basis of classifications of persons, functions,
and events determined appropriate by the Commission.
``(2) Limitations.--In setting and charging fees under
paragraph (1), the Commission shall ensure that, to the
maximum extent practicable--
``(A) club boxing is not adversely effected;
``(B) sanctioning organizations and promoters pay
comparatively the largest portion of the fees; and
``(C) boxers pay as small a portion of the fees as is
possible.
``(3) Collection.--Fees established under this subsection
may be collected through boxing commissions or by any other
means determined appropriate by the Commission.
``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.
``(a) Requirement for Registry.--The Commission shall
establish and maintain (or authorize a third party to
establish and maintain) a unified national computerized
registry for the collection, storage, and retrieval of
information related to the performance of its duties.
``(b) Contents.--The information in the registry shall
include the following:
``(1) Boxers.--A list of professional boxers and data in
the medical registry established under section 114 of this
Act, which the Commission shall secure from disclosure in
accordance with the confidentiality requirements of section
114(c).
``(2) Other personnel.--Information (pertinent to the sport
of professional boxing) on boxing promoters, boxing
matchmakers, boxing managers, trainers, cut men, referees,
boxing judges, physicians, and any other personnel determined
by the Commission as performing a professional activity for
professional boxing matches.
``SEC. 206. CONSULTATION REQUIREMENTS.
``The Commission shall consult with the Association of
Boxing Commissions--
``(1) before prescribing any regulation or establishing any
standard under the provisions of this title; and
``(2) not less than once each year regarding matters
relating to professional boxing.
``SEC. 207. MISCONDUCT.
``(a) Suspension and Revocation of License or
Registration.--
``(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any license
issued under this title if the Commission finds that--
``(A) the license holder has violated any provision of this
Act;
``(B) there are reasonable grounds for belief that a
standard prescribed by the Commission under this title is not
being met, or that bribery, collusion, intentional losing,
racketeering, extortion, or the use of unlawful threats,
coercion, or intimidation have occurred in connection with a
license; or
``(C) the suspension or revocation is necessary for the
protection of health and safety or is otherwise in the public
interest.
``(2) Period of suspension.--
``(A) In general.--A suspension of a license under this
section shall be effective for a period determined
appropriate by the Commission except as provided in
subparagraph (B).
``(B) Suspension for medical reasons.--In the case of a
suspension or denial of the license of a boxer for medical
reasons by the Commission, the Commission may terminate the
suspension or denial at any time that a physician certifies
that the boxer is fit to participate in a professional boxing
match. The Commission shall prescribe the standards and
procedures for accepting certifications under this
subparagraph.
``(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period
of not less than 1 year.
``(b) Investigations and Injunctions.--
``(1) Authority.--The Commission may--
``(A) conduct any investigation that it considers necessary
to determine whether any person has violated, or is about to
violate, any provision of this Act or any regulation
prescribed under this Act;
``(B) require or permit any person to file with it a
statement in writing, under oath or otherwise as the
Commission shall determine, as to all the facts and
circumstances concerning the matter to be investigated;
``(C) in its discretion, publish information concerning any
violations; and
``(D) investigate any facts, conditions, practices, or
matters to aid in the enforcement of the provisions of this
Act, in the prescribing of regulations under this Act, or in
securing information to serve as a basis for recommending
legislation concerning the matters to which this Act relates.
``(2) Powers.--
``(A) In general.--For the purpose of any investigation
under paragraph (1) or any other proceeding under this
title--
``(i) any officer designated by the Commission may
administer oaths and affirmations, subpoena or otherwise
compel the attendance of witnesses, take evidence, and
require the production of any books, papers, correspondence,
memoranda, or other records the Commission considers relevant
or material to the inquiry; and
``(ii) the provisions of sections 6002 and 6004 of title
18, United States Code, shall apply.
``(B) Witnesses and evidence.--The attendance of witnesses
and the production of any documents under subparagraph (A)
may be required from any place in the United States,
including Indian land, at any designated place of hearing.
``(3) Enforcement of subpoenas.--
``(A) Civil action.--In case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Commission may
file an action in any district court of the United States
within the jurisdiction of which an investigation or
proceeding is carried out, or where that person resides or
carries on business, to enforce the attendance and testimony
of witnesses and the production of books, papers,
correspondence, memorandums, and other records. The court may
issue an order requiring the person to appear before the
Commission to produce records, if so ordered, or to give
testimony concerning the matter under investigation or in
question.
``(B) Failure to obey.--Any failure to obey an order issued
by a court under subparagraph (A) may be punished as contempt
of that court.
``(C) Process.--All process in any contempt case under
subparagraph (A) may be served in the judicial district in
which the person is an inhabitant or in which the person may
be found.
``(4) Evidence of criminal misconduct.--
``(A) In general.--No person may be excused from attending
and testifying or from producing books, papers, contracts,
agreements, and other records and documents before the
Commission, in obedience to the subpoena of the Commission,
or in any cause or proceeding instituted by the Commission,
on the ground that the testimony or evidence, documentary or
otherwise, required of that person may tend to incriminate
the person or subject the person to a penalty or forfeiture.
``(B) Limited immunity.--No individual may be prosecuted or
subject to any penalty or forfeiture for, or on account of,
any transaction, matter, or thing concerning the matter about
which that individual is compelled, after having claimed a
privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that the
individual so testifying shall not be exempt from prosecution
and punishment for perjury committed in so testifying.
``(5) Injunctive relief.--If the Commission determines that
any person is engaged or about to engage in any act or
practice that constitutes a violation of any provision of
this Act, or of any regulation prescribed under this Act, the
Commission may bring an action in the appropriate district
court of the United States, the United States District Court
for the District of Columbia, or the United States courts of
any territory or other place subject to the jurisdiction of
the United States, to enjoin the act or practice, and upon a
proper showing, the court shall grant without bond a
permanent or temporary injunction or restraining order.
``(6) Mandamus.--Upon application of the Commission, the
district courts of the United States, the United States
District Court for the District of Columbia, and the United
States courts of any territory or other place subject to the
jurisdiction of the United States, shall have jurisdiction to
issue writs of mandamus commanding any person to comply with
the provisions of this Act or any order of the Commission.
``(c) Intervention in Civil Actions.--
``(1) In general.--The Commission, on behalf of the public
interest, may intervene of right as provided under rule 24(a)
of the Federal Rules of Civil Procedure in any civil action
relating to professional boxing filed in a district court of
the United States.
``(2) Amicus filing.--The Commission may file a brief in
any action filed in a court of the United States on behalf of
the public interest in any case relating to professional
boxing.
``(d) Hearings by Commission.--Hearings conducted by the
Commission under this Act shall be public and may be held
before any officer of the Commission. The Commission shall
keep appropriate records of the hearings.
``SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.
``(a) Noninterference.--Nothing in this Act prohibits any
boxing commission from exercising any of its powers, duties,
or functions with respect to the regulation or supervision of
professional boxing or professional boxing matches to the
extent not inconsistent with the provisions of this Act.
``(b) Minimum Standards.--Nothing in this Act prohibits any
boxing commission from enforcing local standards or
requirements
[[Page S11692]]
that exceed the minimum standards or requirements promulgated
by the Commission under this Act.
``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.
``Any employee of any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality may be detailed to the Commission, upon the
request of the Commission, on a reimbursable or
nonreimbursable basis, with the consent of the appropriate
authority having jurisdiction over the employee. While so
detailed, an employee shall continue to receive the
compensation provided pursuant to law for the employee's
regular position of employment and shall retain, without
interruption, the rights and privileges of that employment.
``SEC. 210. REPORTS.
``(a) Annual Report.--The Commission shall submit a report
on its activities to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Commerce each year. The annual report shall
include--
``(1) a detailed discussion of the activities of the
Commission for the year covered by the report; and
``(2) an overview of the licensing and enforcement
activities of the State and tribal organization boxing
commissions.
``(b) Public Report.--The Commission shall annually issue
and publicize a report of the Commission on the progress made
at Federal and State levels and on Indian lands in the reform
of professional boxing, which shall include comments on
issues of continuing concern to the Commission.
``(c) First Annual Report on the Commission.--The first
annual report under this title shall be submitted not later
than 2 years after the effective date of this title.
``SEC. 211. INITIAL IMPLEMENTATION.
``(a) Temporary Exemption.--The requirements for licensing
under this title do not apply to a person for the performance
of an activity as a boxer, boxing judge, or referee, or the
performance of any other professional activity in relation to
a professional boxing match, if the person is licensed by a
boxing commission to perform that activity as of the
effective date of this title.
``(b) Expiration.--The exemption under subsection (a) with
respect to a license issued by a boxing commission expires on
the earlier of--
``(A) the date on which the license expires; or
``(B) the date that is 2 years after the date of the
enactment of the Professional Boxing Amendments Act of 2004.
``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for the Commission for each fiscal year such sums as may be
necessary for the Commission to perform its functions for
that fiscal year.
``(b) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, United States Code,
any fee collected under this title--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which
the fee is imposed;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed; and
``(3) shall remain available until expended.''.
(b) Conforming Amendments.--
(1) PBSA.--The Professional Boxing Safety Act of 1996, as
amended by this Act, is further amended--
(A) by striking section 1 and inserting the following:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the
`Professional Boxing Safety Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Section 1. Short title; table of contents.
``Sec. 2. Definitions.
``TITLE I--PROFESSIONAL BOXING SAFETY
``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by
sanctioning organizations.
``Sec. 111. Required disclosures by promoters and broadcasters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.
``TITLE II--UNITED STATES BOXING COMMISSION
``Sec. 201. Purpose.
``Sec. 202. United States Boxing Commission.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with boxing commissions
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';
(B) by inserting before section 3 the following:
``TITLE I--PROFESSIONAL BOXING SAFETY'';
(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101
through 118, respectively;
(D) by striking subsection (a) of section 113, as
redesignated, and inserting the following:
``(a) In General.--Except to the extent required in a
legal, administrative, or judicial proceeding, a boxing
commission, an Attorney General, or the Commission may not
disclose to the public any matter furnished by a promoter
under section 111.'';
(E) by striking ``section 13'' in subsection (b) of section
113, as redesignated, and inserting ``section 111'';
(F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in
paragraph (1) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114,'';
(G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in
paragraph (2) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114'';
(H) by striking ``section 17(a)'' in subsection (b)(3) of
section 116, as redesignated, and inserting ``section
115(a)'';
(I) by striking ``section 10'' in subsection (e)(3) of
section 116, as redesignated, and inserting ``section 108'';
and
(J) by striking ``of this Act'' each place it appears in
sections 101 through 120, as redesignated, and inserting ``of
this title''.
(2) Compensation of members.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Members of the United States Boxing Commission.''.
SEC. 722. STUDY AND REPORT ON DEFINITION OF PROMOTER.
(a) Study.--The United States Boxing Commission shall
conduct a study on how the term ``promoter'' should be
defined for purposes of the Professional Boxing Safety Act.
(b) Hearings.--As part of that study, the Commission shall
hold hearings and solicit testimony at those hearings from
boxers, managers, promoters, premium, cable, and satellite
program service providers, hotels, casinos, resorts, and
other commercial establishments that host or sponsor
professional boxing matches, and other interested parties
with respect to the definition of that term as it is used in
the Professional Boxing Safety Act.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the study conducted under
subsection (a). The report shall--
(1) set forth a proposed definition of the term
``promoter'' for purposes of the Professional Boxing Safety
Act; and
(2) describe the findings, conclusions, and rationale of
the Commission for the proposed definition, together with any
recommendations of the Commission, based on the study.
SEC. 723. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect on the date
of enactment of this Act.
(b) 1-Year Delay for Certain Title II Provisions.--Sections
205 through 212 of the Professional Boxing Safety Act of
1996, as added by section 721(a) of this title, shall take
effect 1 year after the date of enactment of this Act.
Mr. HATCH. Mr. President, I commend my esteemed colleagues in the
Senate for passing S. 3021, the Family Entertainment and Copyright Act
of 2004, which I introduced today with the senior Senator from Vermont.
This important legislation is actually a package of several smaller
intellectual property bills that the House and Senate have been working
to enact over the past 2 years. This bill strengthens the intellectual
property laws that are vital to the ongoing growth of our economy. In
addition to important clarifications to U.S. intellectual property
laws, this bill also contains the Family Movie Act, introduced by
Representative Lamar Smith, the Chairman of the House subcommittee with
jurisdiction over intellectual property legislation.
Title I of this Act, the Artists' Rights and Theft Prevention Act of
2003, the ART Act, contains a slightly modified version of S. 1932,
authored by my colleagues Senators Cornyn and Feinstein, that passed
the Senate by unanimous consent earlier this Congress. This bill will
close two significant gaps in our copyright laws that are feeding some
of the piracy now rampant on the Internet. First, it criminalizes
attempts to camcord movies off of theater screens. These camcorded
copies of new movies now appear on filesharing networks almost
contemporaneously with the theatrical release
[[Page S11693]]
of a film. Several states have already taken steps to criminalize this
activity, but providing a uniform Federal law, instead of a patchwork
of State criminal statutes, will assist law enforcement officials in
combating the theft and redistribution of valuable intellectual
property embodied in newly-released motion pictures. Second, the bill
will create a pre-registration system that will permit criminal
penalties and statutory damage awards. This will also provide a tool
for law enforcement officials combating the growing problem of music
and movies being distributed on filesharing networks and circulating on
the Internet before they are even released. Obviously, the increasingly
frequent situation of copyrighted works being distributed illegally via
the Internet before they are even made available for sale to the public
severely undercuts the ability of copyright holders to receive fair and
adequate compensation for their works.
Title II of this Act, the Family Movie Act of 2004, resolves some
ongoing disputes about e legality of so-called ``jump-and-skip''
technologies that companies like Clearplay in my home state of Utah
have developed to permit family-friendly viewing of films that may
contain objectionable content. The Family Movie Act creates a narrowly-
defined safe-harbor clarifying that distributors of such technologies
will not face liability for copyright or trademark infringement,
provided that they comply with the requirements of the Act. Throughout
the 108th Congress, I have been working to resolve this issue with my
colleagues in the Senate and several leaders in the House, including,
most importantly Chairman Smith and Chairman Sensenbrenner. The Family
Movie Act will help to end aggressive litigation threatening the
viability of small companies like Clearplay who are busy creating
innovative technologies for consumers that allow them to tailor their
home viewing experience to their own individual or family preferences.
I thank my friend, the senior Senator from Arizona, for his and his
staff's assistance in drafting this version of the legislation to
resolve concerns that the House version might affect entirely unrelated
disputes about commercial-skipping technology. Apparently, some were
concerned that language in the House bill stating that this particular
safe-harbor provision was not intended to resolve disputes about the
legality of commercial-skipping technologies might be construed by
courts as evidence that Congress believes that such technologies
violate the Copyright Act. -
Courts do not, cannot, and should not construe the Copyright Act's
safe harbors in this way. For example, when Congress created safe-
harbor provisions for certain types of internet service providers, it
did not imply that all others were violating the Copyright Act.
Nevertheless, I am pleased that we were able to find language that
satisfies all so that it is clear the Act's safe-harbor for family-
friendly viewing technologies encode absolutely no judgment whatsoever
about the proper resolution of entirely unrelated disputes about the
legality of commercial-skipping technologies. It would have been tragic
if we had allowed a special-interest dispute about advertising to deny
parents access to technologies that give them and their children the
opportunity to watch movies without being exposed to profanity or
images of rape, sex or murder.
Title III of this Act, the National Film Preservation Act of 2004,
will reauthorize the National Film Preservation Board and the National
Film Preservation Foundation. These entities have worked successfully
to recognize and preserve historically or culturally significant films,
often by providing the grants and expertise that enable local
historical societies to protect and preserve historically significant
films for the local communities for which they are most important. This
fine work will ensure that the history of the 20th century will be
preserved and available to future generations. As a conservative
Senator from a socially-conservative-state, I occasionally take a few
swings at the movie industry for the quality and content of the motion
pictures they are currently creating, but I will note for the record
that I commend efforts to ensure that important artistic, cultural, and
historically-significant films are preserved for future generations,
and I commend the Senator from Vermont for his perseverance in
reauthorizing federal funds to continue this important effort.
Title IV of this Act, the Preservation of Orphan Works Act, also
ensures the preservation of valuable historic records by correcting a
technical error that unnecessarily narrows a limitation on the
copyright law applicable to librarians and archivists. This will
strengthen the ability of librarians and archivists to better meet the
needs of both researchers and ordinary individuals and will result in
greater accessibility of important works. I applaud my colleague in the
House, Representative Howard Berman of California, for his efforts on
this bill and am pleased to see it included in this Senate package.
Title V of this Act, the Anticounterfeiting Act of 2004, amends our
criminal and civil anticounterfeiting laws to ensure that these laws
keep pace with the counterfeiters. Traffic in counterfeit copies of
goods protected by American copyrights, patents or trademarks has
become a multi-billion dollar drain on our economy. The proceeds of
this illegal traffic are stolen from legitimate American companies and
then used to fund other criminal enterprises. Unlike several of the
other bills in this package that provide tools for combating music and
movie piracy, the Anticounterfeiting Act is directed primarily toward
combating counterfeiting practices that enable software piracy around
the world.
To combat this counterfeiting, companies are using increasingly
sophisticated authentication features to distinguish genuine,
authorized copies of their products and to protect their customers and
distributors. Now, the counterfeiters are fighting back by
counterfeiting authentication features or by stealing legally produced
authentication features and selling them to counterfeiters. The
Anticounterfeiting Act of 2004 will impose criminal and civil penalties
upon those who traffic in counterfeit or stolen authentication
features. This will ensure that law-enforcement agencies and private
rights-holders can halt criminal traffic in counterfeit or stolen
authentication features before it even creates an illusion of
authenticity that allows counterfeit goods to penetrate legitimate
markets and endanger both the growth of our economy and the personal
safety of our citizens.
Title VI of this Act, the Cooperative Research and Technology
Enhancement Act of 2004, the CREATE Act, will create new opportunities
to innovate when public institutions and private entrepreneurs combine
their respective forms of expertise in collaborative, joint research
efforts. This type of joint private-public research effort is well-
suited to, in the words of President Lincoln, add ``the fuel of
interest to the fire of genius in the production of new and useful
things.'' As a result, we have long realized the enormous value of
these joint research efforts, and we have long realized that their
potential cannot be realized unless their participants can benefit from
the intellectual property rights generated by such research.
Unfortunately, the literal language of Section 102(g) of the Patent
Act suggests that nonpublic information known to some members of a
private-public research team can constitute ``prior art'' that may make
the final results of the team research obvious, and thus not
patentable. Because non-public information does not usually constitute
``prior art'' under the Patent Act, the potentially disparate treatment
of such information creates a disincentive for entrepreneurs and public
institutions to collaborate in joint research efforts.
I believe that we must encourage, not discourage, public institutions
and private entrepreneurs to combine their respective talents in joint
research efforts. Indeed, Congress committed itself to this principle
when it passed the Bayh-Dole amendments to the Patent Act. The CREATE
Act will simply conform the present language of the Patent Act to the
intent that has always animated it. I commend Chairman Smith and his
staff for their efforts on this legislation and am pleased that it has
been made part of this package of bills.
[[Page S11694]]
Before I close, I thank all my colleagues and their staff who made
passage of this bill today possible. In particular, I commend staff of
both Judiciary Committees, including my own staff, Tom Sydnor and Dave
Jones, and also Susan Davies, Chip Roy, Rich Phillips, Dan Fine, Jeff
Miller, Jonathan Schwantes, Jonathan Meyer, Brooke Roberts, Bill
Bailey, Lee Carosi, Jim Hippe, Joseph Gibson, Bill Bailey, Blaine
Merrit, David Whitney, Joe Keeley, Alec French, and Sampak Garg.
Finally, I must note that the bicameral, bipartisan approach to these
bills in particular and to intellectual property issues in general is a
model we should strive to achieve in the 109th Congress.
____________________