[Congressional Record Volume 150, Number 139 (Wednesday, December 8, 2004)]
[Senate]
[Pages S12071-S12083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4086. Mr. FRIST (for Mr. McCain (for himself and Mr. Cornyn)) 
proposed an amendment to the bill S. 2603, to amend section 227 of the 
Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition 
on junk fax transmissions; as follows:

                          TITLE I--JUNK FAXES

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Junk Fax Prevention Act of 
     2004''.

     SEC. 102. PROHIBITION ON FAX TRANSMISSIONS CONTAINING 
                   UNSOLICITED ADVERTISEMENTS.

       (a) Prohibition.--Section 227(b)(1)(C) of the 
     Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is 
     amended to read as follows:
       ``(C) to use any telephone facsimile machine, computer, or 
     other device to send, to a telephone facsimile machine, an 
     unsolicited advertisement, unless--
       ``(i) the unsolicited advertisement is from a sender with 
     an established business relationship with the recipient;
       ``(ii) in the case of an unsolicited advertisement sent 
     based on the established business relationship to a 
     residential telephone facsimile machine, or, after the date 
     of enactment of the Junk Fax Prevention Act of 2004, in the 
     case of an unsolicited advertisement sent based on the 
     established business relationship to a business telephone 
     facsimile machine, such number was obtained by the sender 
     through--

       ``(I) the voluntary communication of such number, within 
     the context of such established business relationship, from 
     the recipient of the unsolicited advertisement, or
       ``(II) a directory, advertisement, or site on the World 
     Wide Web to which the recipient voluntarily agreed to make 
     available its facsimile number for public distribution; and

       ``(iii) the unsolicited advertisement contains a notice 
     meeting the requirements under paragraph (2)(D), except that 
     the exception under clauses (i) and (ii) shall not apply with 
     respect to an unsolicited advertisement sent to a telephone 
     facsimile machine by a sender to whom a request has been made 
     not to send future unsolicited advertisements to such 
     telephone facsimile machine that complies with the 
     requirements under paragraph (2)(E); or''.
       (b) Definition of Established Business Relationship.--
     Section 227(a) of the Communications Act of 1934 (47 U.S.C. 
     227(a)) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `established business relationship', for 
     purposes only of subsection (b)(1)(C)(i), shall have the 
     meaning given the term in section 64.1200 of title 47, Code 
     of Federal Regulations, as in effect on January 1, 2003, 
     except that--
       ``(A) such term shall include a relationship between a 
     person or entity and a business subscriber subject to the 
     same terms applicable under such section to a relationship 
     between a person or entity and a residential subscriber; and
       ``(B) an established business relationship shall be subject 
     to any time limitation established pursuant to paragraph 
     (2)(G))''.
       (c) Required Notice of Opt-Out Opportunity.--Section 
     227(b)(2) of the Communications Act of 1934 (47 U.S.C. 
     227(b)(2)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) shall provide that a notice contained in an 
     unsolicited advertisement complies with the requirements 
     under this subparagraph only if--
       ``(i) the notice is clear and conspicuous and on the first 
     page of the unsolicited advertisement;
       ``(ii) the notice states that the recipient may make a 
     request to the sender of the unsolicited advertisement not to 
     send any future unsolicited advertisements to a telephone 
     facsimile machine or machines and

[[Page S12072]]

     that failure to comply, within the shortest reasonable time, 
     as determined by the Commission, with such a request meeting 
     the requirements under subparagraph (E) is unlawful;
       ``(iii) the notice sets forth the requirements for a 
     request under subparagraph (E);
       ``(iv) the notice includes--

       ``(I) a domestic contact telephone and facsimile machine 
     number for the recipient to transmit such a request to the 
     sender; and
       ``(II) a cost-free mechanism for a recipient to transmit a 
     request pursuant to such notice to the sender of the 
     unsolicited advertisement; the Commission shall by rule 
     require the sender to provide such a mechanism and may, in 
     the discretion of the Commission and subject to such 
     conditions as the Commission may prescribe, exempt certain 
     classes of small business senders, but only if the Commission 
     determines that the costs to such class are unduly burdensome 
     given the revenues generated by such small businesses;

       ``(v) the telephone and facsimile machine numbers and the 
     cost-free mechanism set forth pursuant to clause (iv) permit 
     an individual or business to make such a request during 
     regular business hours; and
       ``(vi) the notice complies with the requirements of 
     subsection (d);''.
       (d) Request To Opt-Out of Future Unsolicited 
     Advertisements.--Section 227(b)(2) of the Communications Act 
     of 1934 (47 U.S.C. 227(b)(2)), as amended by subsection (c), 
     is further amended by adding at the end the following:
       ``(E) shall provide, by rule, that a request not to send 
     future unsolicited advertisements to a telephone facsimile 
     machine complies with the requirements under this 
     subparagraph only if--
       ``(i) the request identifies the telephone number or 
     numbers of the telephone facsimile machine or machines to 
     which the request relates;
       ``(ii) the request is made to the telephone or facsimile 
     number of the sender of such an unsolicited advertisement 
     provided pursuant to subparagraph (D)(iv) or by any other 
     method of communication as determined by the Commission; and
       ``(iii) the person making the request has not, subsequent 
     to such request, provided express invitation or permission to 
     the sender, in writing or otherwise, to send such 
     advertisements to such person at such telephone facsimile 
     machine;''.
       (e) Authority To Establish Nonprofit Exception.--Section 
     227(b)(2) of the Communications Act of 1934 (47 U.S.C. 
     227(b)(2)), as amended by subsections (c) and (d), is further 
     amended by adding at the end the following:
       ``(F) may, in the discretion of the Commission and subject 
     to such conditions as the Commission may prescribe, allow 
     professional or trade associations that are tax-exempt 
     nonprofit organizations to send unsolicited advertisements to 
     their members in furtherance of the association's tax-exempt 
     purpose that do not contain the notice required by paragraph 
     (1)(C)(ii), except that the Commission may take action under 
     this subparagraph only--
       ``(i) by regulation issued after public notice and 
     opportunity for public comment; and
       ``(ii) if the Commission determines that such notice 
     required by paragraph (1)(C)(ii) is not necessary to protect 
     the ability of the members of such associations to stop such 
     associations from sending any future unsolicited 
     advertisements; and''.
       (f) Authority To Establish Time Limit on Established 
     Business Relationship Exception.--Section 227(b)(2) of the 
     Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended 
     by subsections (c), (d), and (e) of this section, is further 
     amended by adding at the end the following:
       ``(G)(i) may, consistent with clause (ii), limit the 
     duration of the existence of an established business 
     relationship to a period after the last occurrence of an 
     action sufficient to establish such a relationship, but only 
     if--
       ``(I) the Commission determines that the existence of the 
     exception under paragraph (1)(C) relating to an established 
     business relationship has resulted in a significant number of 
     complaints to the Commission regarding the sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(II) upon review of such complaints referred to in 
     subclause (I), the Commission has reason to believe that a 
     significant number of such complaints involve unsolicited 
     advertisements that were sent on the basis of an established 
     business relationship that was longer in duration than the 
     Commission believes is consistent with the reasonable 
     expectations of consumers;
       ``(III) the Commission determines that the costs to senders 
     of demonstrating the existence of an established business 
     relationship within a specified period of time do not 
     outweigh the benefits to recipients of establishing a 
     limitation on such established business relationship; and
       ``(IV) the Commission determines that, with respect to 
     small businesses, the costs are not unduly burdensome, given 
     the revenues generated by small businesses, and taking into 
     account the number of specific complaints to the Commission 
     regarding the sending of unsolicited advertisements to 
     telephone facsimile machines by small businesses; and
       ``(ii) may not commence a proceeding to determine whether 
     to limit the duration of the existence of an established 
     business relationship before the expiration of the 3-year 
     period that begins on the date of the enactment of the Junk 
     Fax Prevention Act of 2004.''.
       (g) Unsolicited Advertisement.--Section 227(a)(5) of the 
     Communications Act of 1934, as so redesignated by subsection 
     (b)(1), is amended by inserting ``, in writing or otherwise'' 
     before the period at the end.
       (h) Regulations.--Except as provided in section 
     227(b)(2)(G)(ii) of the Communications Act of 1934 (as added 
     by subsection (f)), not later than 270 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall issue regulations to implement the amendments made by 
     this section.

     SEC. 103. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

       Section 227 of the Communications Act of 1934 (47 U.S.C. 
     227) is amended by adding at the end the following:
       ``(g) Junk Fax Enforcement Report.--The Commission shall 
     submit an annual report to Congress regarding the enforcement 
     during the past year of the provisions of this section 
     relating to sending of unsolicited advertisements to 
     telephone facsimile machines, which report shall include--
       ``(1) the number of complaints received by the Commission 
     during such year alleging that a consumer received an 
     unsolicited advertisement via telephone facsimile machine in 
     violation of the Commission's rules;
       ``(2) the number of citations issued by the Commission 
     pursuant to section 503 during the year to enforce any law, 
     regulation, or policy relating to sending of unsolicited 
     advertisements to telephone facsimile machines;
       ``(3) the number of notices of apparent liability issued by 
     the Commission pursuant to section 503 during the year to 
     enforce any law, regulation, or policy relating to sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(4) for each notice referred to in paragraph (3)--
       ``(A) the amount of the proposed forfeiture penalty 
     involved;
       ``(B) the person to whom the notice was issued;
       ``(C) the length of time between the date on which the 
     complaint was filed and the date on which the notice was 
     issued; and
       ``(D) the status of the proceeding;
       ``(5) the number of final orders imposing forfeiture 
     penalties issued pursuant to section 503 during the year to 
     enforce any law, regulation, or policy relating to sending of 
     unsolicited advertisements to telephone facsimile machines;
       ``(6) for each forfeiture order referred to in paragraph 
     (5)--
       ``(A) the amount of the penalty imposed by the order;
       ``(B) the person to whom the order was issued;
       ``(C) whether the forfeiture penalty has been paid; and
       ``(D) the amount paid;
       ``(7) for each case in which a person has failed to pay a 
     forfeiture penalty imposed by such a final order, whether the 
     Commission referred such matter for recovery of the penalty; 
     and
       ``(8) for each case in which the Commission referred such 
     an order for recovery--
       ``(A) the number of days from the date the Commission 
     issued such order to the date of such referral;
       ``(B) whether an action has been commenced to recover the 
     penalty, and if so, the number of days from the date the 
     Commission referred such order for recovery to the date of 
     such commencement; and
       ``(C) whether the recovery action resulted in collection of 
     any amount, and if so, the amount collected.''.

     SEC. 104. GAO STUDY OF JUNK FAX ENFORCEMENT.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study regarding complaints received by 
     the Federal Communications Commission concerning unsolicited 
     advertisements sent to telephone facsimile machines, which 
     study shall determine--
       (1) the mechanisms established by the Commission to 
     receive, investigate, and respond to such complaints;
       (2) the level of enforcement success achieved by the 
     Commission regarding such complaints;
       (3) whether complainants to the Commission are adequately 
     informed by the Commission of the responses to their 
     complaints; and
       (4) whether additional enforcement measures are necessary 
     to protect consumers, including recommendations regarding 
     such additional enforcement measures.
       (b) Additional Enforcement Remedies.--In conducting the 
     analysis and making the recommendations required under 
     subsection (a)(4), the Comptroller General shall specifically 
     examine--
       (1) the adequacy of existing statutory enforcement actions 
     available to the Commission;
       (2) the adequacy of existing statutory enforcement actions 
     and remedies available to consumers;
       (3) the impact of existing statutory enforcement remedies 
     on senders of facsimiles;
       (4) whether increasing the amount of financial penalties is 
     warranted to achieve greater deterrent effect; and
       (5) whether establishing penalties and enforcement actions 
     for repeat violators or abusive violations similar to those 
     established under section 1037 of title 18, United States 
     Code, would have a greater deterrent effect.

[[Page S12073]]

       (c) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study under this section to 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

                  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.
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.

[[Page S12074]]

       ``(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 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--

[[Page S12075]]

       ``(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. 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

[[Page S12076]]

     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 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--

[[Page S12077]]

       ``(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 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:

[[Page S12078]]

                ``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. 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.

                    TITLE III--INTELLECTUAL PROPERTY

     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.''.

     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--

[[Page S12079]]

       ``(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 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.

[[Page S12080]]

       ``(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:
       ``(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

[[Page S12081]]

       ``(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' 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).''.

[[Page S12082]]

       (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.
                                 ______
                                 
  SA 4087. Mr. FRIST (for Mr. Bingaman (for himself and Mr. Feingold)) 
proposed an amendment to the resolution S. Res. 387, commemorating the 
40th Anniversary of the Wilderness Act; as follows:

       Strike the preamble and insert the following:
       Whereas September 3, 2004, marked the 40th Anniversary of 
     the enactment of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     which gave to the people of the United States an enduring 
     resource of natural heritage as part of the National 
     Wilderness Preservation System;
       Whereas American explorers Meriwether Lewis, William Clark, 
     and Sergeant York, and Native American guide Sacajawea helped 
     the United States recognize the expanse of American 
     wilderness;
       Whereas Native American leaders such as Kiowa Chief 
     Santanta, Chief Luther Standing Bear, and Chief Seattle 
     recognized that the land involved was not in fact ``wild'', 
     but existed as the land should be;
       Whereas great American writers such as Ralph Waldo Emerson, 
     Mary Austin, Henry David Thoreau, George Perkins Marsh, 
     Isabella L. Bird, and John Muir joined poets like William 
     Cullen Bryant, and painters such as Thomas Cole, Frederic 
     Church, Frederic Remington, Albert Bierstadt, Georgia 
     O'Keefe, and Thomas Moran to define the United States' 
     distinct cultural value of wild nature and unique concept of 
     wilderness;
       Whereas national leaders such as President Theodore 
     Roosevelt reveled in outdoor pursuits and sought diligently 
     to preserve those opportunities for molding individual 
     character, shaping a nation's destiny, striving for balance, 
     and ensuring the wisest use of natural resources, to provide 
     the greatest good for the greatest many;
       Whereas luminaries in the conservation movement, such as 
     scientist Aldo Leopold, forester Bob Marshall, writer Howard 
     Zahniser, teacher Sigurd Olson, biologists Olaus, Margaret 
     (Mardy), and Adolph Murie, conservation leader Celia Hunter, 
     and conservationist David Brower believed that the people of 
     the United States could have the boldness to project into the 
     eternity of the future some of the wilderness that has come 
     from the eternity of the past;
       Whereas Senator Hubert H. Humphrey, a Democrat from 
     Minnesota, and Representative John Saylor, a Republican from 
     Pennsylvania, originally introduced the legislation with 
     strong bipartisan support in both bodies of Congress;
       Whereas with the help of their colleagues, including 
     cosponsors Gaylord Nelson, William Proxmire, Clinton P. 
     Anderson, and Henry ``Scoop'' M. Jackson, and other 
     conservation allies, including Secretary of the Interior 
     Stewart L. Udall and Representative Morris K. Udall, Senator 
     Humphrey and Representative Saylor toiled 8 years to secure 
     nearly unanimous passage of the legislation, 78 to 8 in the 
     Senate, and 373 to 1 in the House of Representatives;
       Whereas critical support in the Senate for the Wilderness 
     Act came from 3 Senators who still serve in the Senate as of 
     2004: Senator Robert C. Byrd, Senator Daniel Inouye, and 
     Senator Edward M. Kennedy;
       Whereas President John F. Kennedy, who came into office in 
     1961 with enactment of wilderness legislation part of his 
     administration's agenda, was assassinated before he could 
     sign a bill into law;
       Whereas 4 wilderness champions, Aldo Leopold, Olaus Murie, 
     Bob Marshall, and Howard Zahniser, sadly, also passed away 
     before seeing the fruits of their labors ratified by Congress 
     and sent to the President;
       Whereas President Lyndon B. Johnson signed into law the 
     Wilderness Act in the Rose Garden on September 3, 1964, 
     establishing a system of wilderness heritage as President 
     Kennedy and the conservation community had so ardently 
     envisioned and eloquently articulated;
       Whereas now, as a consequence of wide popular support, the 
     people of the United States have a system of places wild and 
     free for the permanent good of the whole people of this great 
     Nation;
       Whereas over the past 40 years the system for protecting an 
     enduring resource of wilderness has been built upon by 
     subsequent Presidents, successive leaders of Congress, and 
     experts in the land managing agencies within the Departments 
     of the Interior and Agriculture;
       Whereas today that system is 10 times larger than when 
     first established;
       Whereas the Wilderness Act instituted an unambiguous 
     national policy to recognize the natural heritage of the 
     United States as a resource of value and to protect that 
     wilderness for future generations to use and enjoy as 
     previous and current generations have had the opportunity to 
     do;
       Whereas since 1964, when the first 9,000,000 acres of 
     wilderness were included by Congress, more than 110 
     additional laws have been passed to build the National 
     Wilderness Preservation System to its current size of 
     106,000,000 acres;
       Whereas wild places protected in perpetuity can currently 
     be found and enjoyed in 44 of the Nation's 50 States;
       Whereas this wealth of the heritage of the United States 
     can be seen today from Alaska to Florida in over 650 units, 
     from Fire Island in New York's Long Island South Shore and 
     Ohio's West Sister Island in Lake Erie, to far larger Mojave 
     in eastern California and Idaho's River of No Return;
       Whereas President Gerald R. Ford stated that the National 
     Wilderness Preservation System ``serves a basic need of all 
     Americans, even those who may never visit a wilderness area--
     the preservation of a vital element of our natural heritage'' 
     and that, ``wilderness preservation ensures that a central 
     facet of our Nation can still be realized, not just 
     remembered''; and
       Whereas President Gerald R. Ford has joined with President 
     Jimmy Carter and more than 100 other prominent United States 
     citizens as honored members of Americans

[[Page S12083]]

     for Wilderness, a committee formed to celebrate this national 
     achievement: Now, therefore, be it
                                 ______
                                 
  SA 4088. Mr. FRIST (for Mr. Roberts) proposed an amendment to the 
bill H.R. 2121, to amend the Eisenhower Exchange Fellowship Act of 1990 
to authorize additional appropriations for the Eisenhower Exchange 
Fellowship Program Trust Fund, and for other purposes; as follows:

       On page 4, on lines 5 and 6, strike ``for fiscal year 
     2004''.

                          ____________________