[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[Senate]
[Pages S11805-S11813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4074. Mr. McCAIN proposed an amendment to the bill S. 3021, to 
provide for the protection of intellectual property rights, and for 
other purposes; as follows:

                  TITLE II--PROFESSIONAL BOXING SAFETY

     SEC. 201. 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. 201. Short title; table of contents.

[[Page S11806]]

Sec. 202. Amendment of Professional Boxing Safety Act of 1996.
Sec. 203. Definitions.
Sec. 204. Purposes.
Sec. 205. United States Boxing Commission approval, or ABC or 
              commission sanction, required for matches.
Sec. 206. Safety standards.
Sec. 207. Registration.
Sec. 208. Review.
Sec. 209. Reporting.
Sec. 210. Contract requirements.
Sec. 211. Coercive contracts.
Sec. 212. Sanctioning organizations.
Sec. 213. Required disclosures by sanctioning organizations.
Sec. 214. Required disclosures by promoters and broadcasters.
Sec. 215. Judges and referees.
Sec. 216. Medical registry.
Sec. 217. Conflicts of interest.
Sec. 218. Enforcement.
Sec. 219. Repeal of deadwood.
Sec. 220. Recognition of tribal law.
Sec. 221. Establishment of United States Boxing Commission.
Sec. 222. Study and report on definition of promoter.
Sec. 223. Effective date.

     SEC. 202. 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. 203. 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 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. 204. PURPOSES.

       Section 3(2) (15 U.S.C. 6302(2)) is amended by striking 
     ``State''.

     SEC. 205. 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. 206. 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

[[Page S11807]]

     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. 207. 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. 208. 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. 209. 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. 210. 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. 211. COERCIVE CONTRACTS.

       Section 10 (15 U.S.C. 6307b) is amended--
       (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. 212. 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. 213. 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. 214. 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

[[Page S11808]]

     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. 215. 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. 216. 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. 217. 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--
       ``(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. 218. 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. 219. REPEAL OF DEADWOOD.

       Section 20 (15 U.S.C. 6311) is repealed.

     SEC. 220. 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. 221. 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

[[Page S11809]]

     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 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.

[[Page S11810]]

       ``(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 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'';

[[Page S11811]]

       (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. 222. 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. 223. 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 221(a) of this title, shall take 
     effect 1 year after the date of enactment of this Act.
                                 ______
                                 
  SA 4075. Mr. McCAIN (for Ms. Collins) proposed an amendment to the 
bill S. 2657, to amend part III of title 5, United States Code, to 
provide for the establishment of programs under which supplemental 
dental and vision benefits are made available to Federal employees, 
retirees, and their dependents, to expand the contracting authority of 
the Office of Personnel Management, and for other purposes; as follows:

       On page 3, line 10, insert ``or an employee organization 
     defined under section 8901(8)'' after ``companies)''.
       On page 8, line 9, insert ``area'' after ``delivery''.
       On page 12, line 15, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 13, line 1, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 15, line 4, insert ``or an employee organization 
     defined under section 8901(8)'' after ``companies)''.
       On page 19, line 20, ``area'' after ``delivery''.
       On page 23, line 25, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 24, line 11, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 25, line 18, strike all through page 26, line 19.
       On page 26, line 20, strike ``SEC. 7.'' and insert ``SEC. 
     6.''.
       On page 27, line 7, strike ``SEC. 8.'' and insert ``SEC. 
     7.''.
                                 ______
                                 
  SA 4076. Mr. STEVENS proposed an amendment to the concurrent 
resolution H. Con. Res. 528, Official Title Not Available; as follows:

       Strike Section 222 of Title II of Division H.
                                 ______
                                 
  SA 4077. Mr. FRIST (for Ms. Collins (for herself and Mr. Bingaman)) 
proposed an amendment to the bill S. 2635, to establish an 
intergovernmental grant program to identify and develop homeland 
security information, equipment, capabilities, technologies, and 
services to further the homeland security needs of the United States 
and to address the homeland security needs of Federal, State, and local 
governments; as follows:

       On page 9, line 10, after ``institution,'' insert 
     ``Department of Energy national laboratory,''.
                                 ______
                                 
  SA 4078. Mr. FRIST (for Mr. Inouye) proposed an amendment to the bill 
S. 2488, to establish a program within the National Oceanic and 
Atmospheric Administration and the United States Coast Guard to help 
identify, assess, reduce, and prevent marine debris and its adverse 
impacts on the marine environment and navigation safety, in 
coordination with non-Federal entities, and for other purposes; as 
follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marine Debris Research 
     Prevention and Reduction Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) The oceans, which comprise nearly three quarters of the 
     Earth's surface, are an important source of food and provide 
     a wealth of other natural products that are important to the 
     economy of the United States and the world.
       (2) Ocean and coastal areas are regions of remarkably high 
     biological productivity, are of considerable importance for a 
     variety of recreational and commercial activities, and 
     provide a vital means of transportation.
       (3) Ocean and coastal resources are limited and susceptible 
     to change as a direct and indirect result of human 
     activities, and such changes can impact the ability of the 
     ocean to provide the benefits upon which the Nation depends.
       (4) Marine debris, including plastics, derelict fishing 
     gear, and a wide variety of other objects, has a harmful and 
     persistent effect on marine flora and fauna and can have 
     adverse impacts on human health.
       (5) Marine debris is also a hazard to navigation, putting 
     mariners and rescuers, their vessels, and consequently the 
     marine environment at risk, and can cause economic loss due 
     to entanglement of vessel systems.
       (6) Modern plastic materials persist for decades in the 
     marine environment and therefore pose the greatest potential 
     for long-term damage to the marine environment.
       (7) Insufficient knowledge and data on the source, 
     movement, and effects of plastics and other marine debris in 
     marine ecosystems has hampered efforts to develop effective 
     approaches for addressing marine debris.
       (8) Lack of resources, inadequate attention to this issue, 
     and poor coordination at the Federal level has undermined the 
     development and implementation of a Federal program to 
     address marine debris, both domestically and internationally.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish programs within the National Oceanic and 
     Atmospheric Administration and the United States Coast Guard 
     to help identify, determine sources of, assess, reduce, and 
     prevent marine debris and its adverse impacts on the marine 
     environment and navigation safety, in coordination with other 
     Federal and non-Federal entities;
       (2) to re-establish the Inter-agency Marine Debris 
     Coordinating Committee to ensure a coordinated government 
     response across Federal agencies;
       (3) to develop a Federal information clearinghouse to 
     enable researchers to study the sources, scale and impact of 
     marine debris more efficiently; and
       (4) to take appropriate action in the international 
     community to prevent marine debris and reduce concentrations 
     of existing debris on a global scale.

     SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.

       (a) Establishment of Program.--There is established, within 
     the National Oceanic and Atmospheric Administration, a Marine 
     Debris Prevention and Removal Program to reduce and prevent 
     the occurrence and adverse impacts of marine debris on the 
     marine environment and navigation safety.
       (b) Program Components.--Through the Marine Debris 
     Prevention and Removal Program, the Under Secretary for 
     Oceans and Atmosphere (Under Secretary) shall carry out the 
     following activities:
       (1) Mapping, identification, impact assessment, removal, 
     and prevention.--The Under Secretary shall, in consultation 
     with relevant Federal agencies, undertake marine debris 
     mapping, identification, impact assessment, prevention, 
     and removal efforts, with a focus on marine debris posing 
     a threat to living marine resources (particularly 
     endangered or protected species) and navigation safety, 
     including--
       (A) the establishment of a process, building on existing 
     information sources maintained by Federal agencies such as 
     the Environmental Protection Agency and the Coast Guard, for 
     cataloguing and maintaining an inventory of marine debris and 
     its impacts found in the United States navigable waters and 
     the United States exclusive economic zone, including 
     location, material, size, age, and origin, and impacts on 
     habitat, living marine resources, human health, and 
     navigation safety;
       (B) measures to identify the origin, location, and 
     projected movement of marine debris within the United States 
     navigable waters, the United States exclusive economic zone, 
     and the high seas, including the use of oceanographic, 
     atmospheric, satellite, and remote sensing data; and
       (C) development and implementation of strategies, methods, 
     priorities, and a plan for preventing and removing marine 
     debris from United States navigable waters and within

[[Page S11812]]

     the United States exclusive economic zone, including 
     development of local or regional protocols for removal of 
     derelict fishing gear.
       (2) Reducing and preventing loss of gear.--The Under 
     Secretary shall improve efforts and actively seek to prevent 
     and reduce fishing gear losses, as well as to reduce adverse 
     impacts of such gear on living marine resources and 
     navigation safety, including--
       (A) research and development of alternatives to gear posing 
     threats to the marine environment, and methods for marking 
     gear used in specific fisheries to enhance the tracking, 
     recovery, and identification of lost and discarded gear; and
       (B) development of voluntary or mandatory measures to 
     reduce the loss and discard of fishing gear, and to aid its 
     recovery, such as incentive programs, reporting loss and 
     recovery of gear, observer programs, toll-free reporting 
     hotlines, computer-based notification forms, and providing 
     adequate and free disposal recepticals at ports.
       (3) Outreach.--The Under Secretary shall undertake outreach 
     and education of the public and other stakeholders, such as 
     the fishing industry, fishing gear manufacturers, and other 
     marine-dependent industries, on sources of marine debris, 
     threats associated with marine debris and approaches to 
     identify, determine sources of, assess, reduce, and prevent 
     marine debris and its adverse impacts on the marine 
     environment and navigational safety. Including outreach and 
     education activities through public-private initiatives. The 
     Under Secretary shall coordinate outreach and education 
     activities under this paragraph with any outreach programs 
     conducted under section 2204 of the Marine Plastic Pollution 
     Research and Control Act of 1987 (33 U.S.C. 1915).
       (c) Grants.--
       (1) In general.--The Under Secretary shall provide 
     financial assistance, in the form of grants, through the 
     Marine Debris Prevention and Removal Program for projects to 
     accomplish the purposes of this Act.
       (2) 50 percent matching requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     Federal funds for any project under this section may not 
     exceed 50 percent of the total cost of such project. For 
     purposes of this subparagraph, the non-Federal share of 
     project costs may be provided by in-kind contributions and 
     other noncash support.
       (B) Waiver.--The Under Secretary may waive all or part of 
     the matching requirement under subparagraph (A) if the Under 
     Secretary determines that no reasonable means are available 
     through which applicants can meet the matching requirement 
     and the probable benefit of such project outweighs the public 
     interest in such matching requirement.
       (3) Amounts paid and services rendered under consent.--
       (A) Consent decrees and orders.--The non-Federal share of 
     the cost of a project carried out under this Act may include 
     money paid pursuant to, or the value of any in-kind service 
     performed under, an administrative order on consent or 
     judicial consent decree that will remove or prevent marine 
     debris.
       (B) Other decrees and orders.--The non-Federal share of the 
     cost of a project carried out under this Act may not include 
     any money paid pursuant to, or the value of any in-kind 
     service performed under, any other administrative order or 
     court order.
       (4) Eligibility.--Any natural resource management authority 
     of a State, Federal or other government authority whose 
     activities directly or indirectly affect research or 
     regulation of marine debris, and any educational or 
     nongovernmental institutions with demonstrated expertise in a 
     field related to marine debris, are eligible to submit to the 
     Under Secretary a marine debris proposal under the grant 
     program.
       (5) Grant criteria and guidelines.--Within 180 days after 
     the date of enactment of this Act, the Under Secretary shall 
     promulgate necessary guidelines for implementation of the 
     grant program, including development of criteria and 
     priorities for grants. Such priorities may include proposals 
     that would reduce new sources of marine debris and provide 
     additional benefits to the public, such as recycling of 
     marine debris or use of biodegradable materials. In 
     developing those guidelines, the Under Secretary shall 
     consult with--
       (A) the Interagency Marine Debris Committee;
       (B) regional fishery management councils established under 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1801 et seq.);
       (C) State, regional, and local governmental entities with 
     marine debris experience;
       (D) marine-dependent industries; and
       (E) non-governmental organizations involved in marine 
     debris research, prevention, or removal activities.
       (6) Project review and approval.--The Under Secretary shall 
     review each marine debris project proposal to determine if it 
     meets the grant criteria and supports the goals of the Act. 
     Not later than 120 days after receiving a project proposal 
     under this section, the Under Secretary shall--
       (A) provide for external merit-based peer review of the 
     proposal;
       (B) after considering any written comments and 
     recommendations based on the review, approve or disapprove 
     the proposal; and
       (C) provide written notification of that approval or 
     disapproval to the person who submitted the proposal.
       (7) Project reporting.--Each grantee under this section 
     shall provide periodic reports as required by the Under 
     Secretary. Each report shall include all information required 
     by the Under Secretary for evaluating the progress and 
     success in meeting its stated goals, and impact on the marine 
     debris problem.

     SEC. 4. COAST GUARD PROGRAM.

       The Commandant of the Coast Guard shall, in cooperation 
     with the Under Secretary, undertake measures to reduce 
     violations of MARPOL Annex V and the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.) with respect to the 
     discard of plastics and other garbage from vessels. The 
     measures shall include--
       (1) the development of a strategy to improve monitoring and 
     enforcement of current laws, as well as recommendations for 
     statutory or regulatory changes to improve compliance and for 
     the development of any appropriate amendments to MARPOL;
       (2) regulations to address implementation gaps with respect 
     to the requirement of MARPOL Annex V and section 6 of the Act 
     to Prevent Pollution from Ships (33 U.S.C. 1905) that all 
     United States ports and terminals maintain receptacles for 
     disposing of plastics and other garbage, which may include 
     measures to ensure that a sufficient quantity of such 
     facilities exist at all such ports and terminals, 
     requirements for logging the waste received, and for Coast 
     Guard comparison of vessel and port log books to determine 
     compliance;
       (3) regulations to close record keeping gaps, which may 
     include requiring fishing vessels under 400 gross tons 
     entering United States ports to maintain records subject to 
     Coast Guard inspection on the disposal of plastics and other 
     garbage, that, at a minimum, include the time, date, type of 
     garbage, quantity, and location of discharge by latitude and 
     longitude or, if discharged on land, the name of the port 
     where such material is offloaded for disposal;
       (4) regulations to improve ship-board waste management, 
     which may include expanding to smaller vessels existing 
     requirements to maintain ship-board receptacles and maintain 
     a ship-board waste management plan, taking into account 
     potential economic impacts and technical feasibility;
       (5) the development, through outreach to commercial vessel 
     operators and recreational boaters, of a voluntary reporting 
     program, along with the establishment of a central reporting 
     location, for incidents of damage to vessels caused by marine 
     debris, as well as observed violations of existing laws and 
     regulations relating to disposal of plastics and other marine 
     debris; and
       (6) a voluntary program encouraging United States flag 
     vessels to inform the Coast Guard of any ports in other 
     countries that lack adequate port reception facilities for 
     garbage.

     SEC. 5. INTERAGENCY COORDINATION.

       (a) Interagency Marine Debris Committee Established.--There 
     is established an Interagency Committee on Marine Debris to 
     coordinate a comprehensive program of marine debris research 
     and activities among Federal agencies, in cooperation and 
     coordination with non-governmental organizations, industry, 
     universities, and research institutions, State governments, 
     Indian tribes, and other nations, as appropriate, and to 
     foster cost-effective mechanisms to identify, determine 
     sources of, assess, reduce, and prevent marine debris, and 
     its adverse inpact on the marine environment and navigational 
     safety, including the joint funding of research and 
     mitigation and prevention strategies.
       (b) Membership.--The Committee shall include a senior 
     official from--
       (1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the chairperson of the Committee;
       (2) the United States Coast Guard;
       (3) the Environmental Protection Agency;
       (4) the United States Navy;
       (5) the Maritime Administration of the Department of 
     Transportation;
       (6) the National Aeronautics and Space Administration;
       (7) the U.S. Fish and Wildlife Service;
       (8) the Department of State;
       (9) the Marine Mammal Commission; and
       (10) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       (c) Meetings.--The Committee shall meet at least twice a 
     year to provide a public, interagency forum to ensure the 
     coordination of national and international research, 
     monitoring, education, and regulatory actions addressing the 
     persistent marine debris problem.
       (d) Definition.--The Committee shall develop and promulgate 
     through regulation a definition of the term ``marine 
     debris''.
       (e) Reporting.--
       (1) Interagency report on marine debris impacts and 
     strategies.--Not later than 12 months after the date of the 
     enactment of this Act, the Committee, through the 
     chairperson, and in cooperation with the coastal States, 
     Indian tribes, local governments, and non-governmental 
     organizations, shall complete and submit to the Congress a 
     report identifying the source of marine debris, examining the 
     ecological and economic impact of marine debris, alternatives 
     for reducing, mitigating, preventing, and controlling the

[[Page S11813]]

     harmful affects of marine debris, the social and economic 
     costs and benefits of such alternatives, and recommendations 
     regarding both domestic and international marine debris 
     issues.
       (2) Contents.--The report submitted under paragraph (1) 
     shall provide recommendations on--
       (A) establishing priority areas for action to address 
     leading problems relating to marine debris;
       (B) developing an effective strategy and approaches to 
     preventing, reducing, removing, and disposing of marine 
     debris, including through private-public partnerships;
       (C) providing appropriate infrastructure for effective 
     implementation and enforcement of measures to prevent and 
     remove marine debris, especially the discard and loss of 
     fishing gear;
       (D) establishing effective and coordinated education and 
     outreach activities; and
       (E) ensuring Federal cooperation with, and assistance to, 
     the coastal States (as defined in section 304(4) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))), 
     Indian tribes, and local governments in the identification, 
     determination of sources, prevention, reduction, management, 
     mitigation, and control of marine debris and its adverse 
     impacts.
       (3) Annual progress reports.--Not later than 2 years after 
     the date of the enactment of this Act, and every year 
     thereafter, the Committee, through the chairperson, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives a report that evaluates 
     United States and international progress in meeting the 
     purposes of this Act. The report shall include--
       (A) the status of implementation of the recommendations of 
     the Committee and analysis of their effectiveness;
       (B) a summary of the marine debris inventory to be 
     maintained by the National Oceanic and Atmospheric 
     Administration;
       (C) a review of the National Oceanic and Atmospheric 
     Administration program authorized by section 3 of this Act, 
     including projects funded and accomplishments relating to 
     reduction and prevention of marine debris;
       (D) a review of United States Coast Guard programs and 
     accomplishments relating to marine debris removal, including 
     enforcement and compliance with MARPOL requirements; and
       (E) estimated Federal and non-Federal funding provided for 
     marine debris and recommendations for priority funding needs.
       (f) Monitoring.--The Secretary of Commerce, acting through 
     the Administrator of the National Oceanic and Atmospheric 
     Administration and in cooperation with the Administrator of 
     the Environmental Protection Agecny, shall utilize the marine 
     debris data derived under this Act and title V of the Marine 
     Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
     2801 et seq.) to assist--
       (1) the Committee in ensuring coordination of research, 
     monitoring, education, and regulatory actions; and
       (2) the United States Coast Guard in assessing the 
     effectiveness of this Act and the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.) in ensuring compliance 
     under section 2201 of the Marine Plastic Pollution Research 
     and Control Act of 1987 (33 U.S.C. 1913).
       (g) Conforming Amendment.--Section 2203 of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1914) is repealed.

     SEC. 6. INTERNATIONAL COOPERATION.

       The Interagency Marine Debris Committee shall develop a 
     strategy and pursue in the International Maritime 
     Organization and other appropriate international and regional 
     forums, international action to reduce the incidence of 
     marine debris, including--
       (1) the inclusion of effective and enforceable marine 
     debris prevention and removal measures in international and 
     regional agreements, including fisheries agreements and 
     maritime agreements;
       (2) measures to strengthen and to improve compliance with 
     MARPOL Annex V;
       (3) national reporting and information requirements that 
     will assist in improving information collection, 
     identification and monitoring of marine debris;
       (4) the establishment of an international database, 
     consistent with the information clearinghouse established 
     under section 7, that will provide current information on 
     location, source, prevention, and removal of marine debris;
       (5) the establishment of public-private partnerships and 
     funding sources for pilot programs that will assist in 
     implementation and compliance with marine debris requirements 
     in international agreements and guidelines;
       (6) the identification of possible amendments to and 
     provisions in the International Maritime Organization 
     Guidelines for the Implementation of Annex V of MARPOL for 
     potential inclusion in Annex V; and
       (7) when appropriate assist the responsible Federal agency 
     in bilateral negotiations to effectively enforce marine 
     debris prevention.

     SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.

       The Under Secretary, in coordination with the Committee, 
     shall maintain a Federal information clearinghouse on marine 
     debris that will be available to researchers and other 
     interested parties to improve source identification, data 
     sharing, and monitoring efforts through collaborative 
     research and open sharing of data. The clearinghouse shall 
     include--
       (1) standardized protocols to map locations of commercial 
     fishing and aquaculture activities using Geographic 
     Information System techniques;
       (2) a world-wide database which describes fishing gear and 
     equipment, and fishing practices, including information on 
     gear types and specifications;
       (3) guidance on the identification of types of fishing gear 
     fragments and their sources developed in consultation with 
     persons of relevant expertise; and
       (4) the data on mapping and identification of marine debris 
     to be developed pursuant to section 3(b)(1) of this Act.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce.
       (2) Committee.--The term ``Committee'' means the 
     Interagency Marine Debris Committee established by section 5 
     of this Act.
       (3) United states exclusive economic zone.--The term 
     ``United States exclusive economic zone'' means the zone 
     established by Presidential Proclamation Numbered 5030, dated 
     March 10, 1983, including the ocean waters of the areas 
     referred to as ``eastern special areas'' in Article 3(1) of 
     the Agreement between the United States of America and the 
     Union of Soviet Socialist Republics on the Maritime Boundary, 
     signed June 1, 1990.
       (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
     ``Annex 5'', and ``Convention'' have the meaning given those 
     terms in paragraphs (3) and (4) of section 2(a) of the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901(a)).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each fiscal 
     year 2005 through 2009
       (1) to the Secretary of Commerce for the purpose of 
     carrying out sections 3 and 7 of this Act, $10,000,000, of 
     which no more than 10 percent may be for administrative 
     costs; and
       (2) to the Secretary of the Department in which the Coast 
     Guard is operating, for the use of the Commandant of the 
     Coast Guard in carrying out sections 4 and 6 of this Act, 
     $5,000,000, of which no more than 10 percent may be used for 
     administrative costs.
       Amend the title so as to read: ``A Bill To establish a 
     program within the National Oceanic and Atmospheric 
     Administration and the United States Coast Guard to help 
     identify, determine sources of, assess, reduce, and prevent 
     marine debris and its adverse impacts on the marine 
     environment and navigation safety, in coordination with non-
     Federal entities, and for other purposes.
                                 ______
                                 
  SA 4079. Mr. FRIST proposed an amendment to the concurrent resolution 
H. Con. Res. 529, Official Title Not Available; as follows:

       On page 1, line 2, strike from ``that'' through the end of 
     page 2, line 9 and insert in lieu thereof the following:
       ``When the House adjourns on Wednesday, November 24, 2004, 
     on a motion offered pursuant to this concurrent resolution by 
     its Majority Leader or his designee, it stand adjourned until 
     2 p.m. on Monday, December 6, 2004, or until the time of any 
     reassembly pursuant to section 2 of this concurrent 
     resolution, whichever occurs first; and when the Senate 
     recesses or adjourns from Saturday, November 20, 2004, 
     through Wednesday, November 24, 2004, on a motion offered 
     pursuant to this concurrent resolution by its Majority Leader 
     or his designee, it stand recessed or adjourned until noon on 
     Monday, December 6, 2004, or Tuesday, December 7, 2004, or 
     until such other time as may be specified by the Majority 
     Leader or his designee in the motion to recess or adjourn, or 
     until the time of reassembly pursuant to section 2 of this 
     concurrent resolution, whichever occurs first.''

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