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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2603 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2603

_______________________________________________________________________

                                 AN ACT

 
To amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) 
         relating to the prohibition on junk fax transmissions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                          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 
                        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.
    (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.
            ``(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--
                            ``(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 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--
                            ``(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:

                ``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--ARTISTS' RIGHTS AND THEFT PREVENTION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Artists' Rights and Theft 
Prevention Act of 2004'' or the ``ART Act''.

SEC. 302. 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. 303. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL 
              DISTRIBUTION.

    (a) Prohibited Acts.--Section 506(a) of title 17, United States 
Code, is amended to read as follows:
    ``(a) Criminal Infringement.--
            ``(1) In general.--Any person who willfully infringes a 
        copyright shall be punished as provided under section 2319 of 
        title 18, if the infringement was committed--
                    ``(A) for purposes of commercial advantage or 
                private financial gain;
                    ``(B) by the reproduction or distribution, 
                including by electronic means, during any 180-day 
                period, of 1 or more copies or phonorecords of 1 or 
                more copyrighted works, which have a total retail value 
                of more than $1,000; or
                    ``(C) by the distribution of a work being prepared 
                for commercial distribution, by making it available on 
                a computer network accessible to members of the public, 
                if such person knew or should have known that the work 
                was intended for commercial distribution.
            ``(2) Evidence.--For purposes of this subsection, evidence 
        of reproduction or distribution of a copyrighted work, by 
        itself, shall not be sufficient to establish willful 
        infringement of a copyright.
            ``(3) Definition.--In this subsection, the term `work being 
        prepared for commercial distribution' means--
                    ``(A) a computer program, a musical work, a motion 
                picture or other audiovisual work, or a sound 
                recording, if at the time of unauthorized 
                distribution--
                            ``(i) the copyright owner has a reasonable 
                        expectation of commercial distribution; and
                            ``(ii) the copies or phonorecords of the 
                        work have not been commercially distributed; or
                    ``(B) a motion picture, if at the time of 
                unauthorized distribution, the motion picture--
                            ``(i) has been made available for viewing 
                        in a motion picture exhibition facility; and
                            ``(ii) has not been made available in 
                        copies for sale to the general public in the 
                        United States in a format intended to permit 
                        viewing outside a motion picture exhibition 
                        facility.''.
    (b) Criminal Penalties.--Section 2319 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Whoever'' and inserting ``Any 
                person who''; and
                    (B) by striking ``and (c) of this section'' and 
                inserting ``, (c), and (d)'';
            (2) in subsection (b), by striking ``section 506(a)(1)'' 
        and inserting ``section 506(a)(1)(A)'';
            (3) in subsection (c), by striking ``section 506(a)(2) of 
        title 17, United States Code'' and inserting ``section 
        506(a)(1)(B) of title 17'';
            (4) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (5) by adding after subsection (c) the following:
    ``(d) Any person who commits an offense under section 506(a)(1)(C) 
of title 17--
            ``(1) shall be imprisoned not more than 3 years, fined 
        under this title, or both;
            ``(2) shall be imprisoned not more than 5 years, fined 
        under this title, or both, if the offense was committed for 
        purposes of commercial advantage or private financial gain;
            ``(3) shall be imprisoned not more than 6 years, fined 
        under this title, or both, if the offense is a second or 
        subsequent offense; and
            ``(4) shall be imprisoned not more than 10 years, fined 
        under this title, or both, if the offense is a second or 
        subsequent offense under paragraph (2).''; and
            (6) in subsection (f), as redesignated--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the term `financial gain' has the meaning given the 
        term in section 101 of title 17; and
            ``(4) the term `work being prepared for commercial 
        distribution' has the meaning given the term in section 506(a) 
        of title 17.''.

SEC. 304. 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. 305. 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 IV--EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO 
                       CONTENT IN MOTION PICTURES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Family Movie Act of 2004''.

SEC. 402. 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.
    ``(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 V--NATIONAL FILM PRESERVATION

  Subtitle A--Reauthorization of the National Film Preservation Board

SEC. 501. SHORT TITLE.

    This subtitle may be cited as the ``National Film Preservation Act 
of 2004''.

SEC. 502. 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. 611. SHORT TITLE.

    This subtitle may be cited as the ``National Film Preservation 
Foundation Reauthorization Act of 2004''.

SEC. 612. 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 VII--PRESERVATION OF ORPHAN WORKS

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Preservation of Orphan Works 
Act''.

SEC. 702. 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 VIII--ANTICOUNTERFEIT-ING PROVISIONS AND FRAUDULENT ONLINE 
                           IDENTITY SANCTIONS

               Subtitle A--Anticounterfeiting Provisions

SEC. 801. SHORT TITLE.

    This subtitle may be cited as the ``Anticounterfeiting Act of 
2004''.

SEC. 802. 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
            ``(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. 803. 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. 811. SHORT TITLE.

    This subtitle may be cited as the ``Fraudulent Online Identity 
Sanctions Act''.

SEC. 812. 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. 813. 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. 814. AMENDMENT TO TITLE 18, UNITED STATES CODE.

    (a) Sentencing Enhancement.--Section 3559 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(f)(1) If a defendant who is convicted of a felony offense (other 
than offense of which an element is the false registration of a domain 
name) knowingly falsely registered a domain name and knowingly used 
that domain name in the course of that offense, the maximum 
imprisonment otherwise provided by law for that offense shall be 
doubled or increased by 7 years, whichever is less.
    ``(2) As used in this subsection--
            ``(A) the term `falsely registers' means registers in a 
        manner that prevents the effective identification of or contact 
        with the person who registers; and
            ``(B) the term `domain name' has the meaning given that 
        term in section 45 of the Act entitled `An Act to provide for 
        the registration and protection of trademarks used in commerce, 
        to carry out the provisions of certain international 
        conventions, and for other purposes' approved July 5, 1946 
        (commonly referred to as the `Trademark Act of 1946') (15 
        U.S.C. 1127).''.
    (b) United States Sentencing Commission.--
            (1) Directive.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission shall 
        review and amend the sentencing guidelines and policy 
        statements to ensure that the applicable guideline range for a 
        defendant convicted of any felony offense carried out online 
        that may be facilitated through the use of a domain name 
        registered with materially false contact information is 
        sufficiently stringent to deter commission of such acts.
            (2) Requirements.--In carrying out this subsection, the 
        Sentencing Commission shall provide sentencing enhancements for 
        anyone convicted of any felony offense furthered through 
        knowingly providing or knowingly causing to be provided 
        materially false contact information to a domain name 
        registrar, domain name registry, or other domain name 
        registration authority in registering, maintaining, or renewing 
        a domain name used in connection with the violation.
            (3) Definition.--For purposes of this subsection, the term 
        ``domain name'' has the meaning given that term in section 45 
        of the Act entitled ``An Act to provide for the registration 
        and protection of trademarks used in commerce, to carry out the 
        provisions of certain international conventions, and for other 
        purposes'', approved July 5, 1946 (commonly referred to as the 
        ``Trademark Act of 1946''; 15 U.S.C. 1127).

SEC. 815. 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 IX--COOPERATIVE RESEARCH AND TECHNOLOGY ENHANCEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Cooperative Research and 
Technology Enhancement (CREATE) Act of 2004''.

SEC. 902. 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. 903. 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.

            Passed the Senate December 8, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2603

_______________________________________________________________________

                                 AN ACT

To amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) 
         relating to the prohibition on junk fax transmissions.
```