S.Amdt. 4075Senate108th Congress (2003-2005)
To make technical and conforming amendments.
Sponsored by 
Sen. Susan M. Collins (R-ME)
Sen. Susan M. Collins (R-ME)Submitted November 20, 2004
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Senate amendment submitted
November 20, 2004
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Senate amendment submitted
November 20, 2004
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Senate amendment proposed (on the floor): Amendment SA 4075 proposed by Senator McCain for Senator Collins.(consideration: CR S11694; text: CR S11694)
November 20, 2004
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Senate amendment agreed to: Amendment SA 4075 agreed to in Senate by Unanimous Consent.
November 20, 2004
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Amendment SA 4075 proposed by Senator McCain for Senator Collins. (consideration: CR S11694; text: CR S11694) To make technical and conforming amendments.
November 20, 2004
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Amendment SA 4075 agreed to in Senate by Unanimous Consent.
November 20, 2004
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Submitted
TEXT OF AMENDMENTS
SA 4074. Mr. McCAIN proposed an amendment to the bill S. 3021, to
provide for the protection of intellectual property rights, and for
other purposes; as follows:
TITLE II--PROFESSIONAL BOXING SAFETY
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the
``Professional Boxing Amendments Act of 2004''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. 201. Short title; table of contents.
[[Page S11806]]
Sec. 202. Amendment of Professional Boxing Safety Act of 1996.
Sec. 203. Definitions.
Sec. 204. Purposes.
Sec. 205. United States Boxing Commission approval, or ABC or
commission sanction, required for matches.
Sec. 206. Safety standards.
Sec. 207. Registration.
Sec. 208. Review.
Sec. 209. Reporting.
Sec. 210. Contract requirements.
Sec. 211. Coercive contracts.
Sec. 212. Sanctioning organizations.
Sec. 213. Required disclosures by sanctioning organizations.
Sec. 214. Required disclosures by promoters and broadcasters.
Sec. 215. Judges and referees.
Sec. 216. Medical registry.
Sec. 217. Conflicts of interest.
Sec. 218. Enforcement.
Sec. 219. Repeal of deadwood.
Sec. 220. Recognition of tribal law.
Sec. 221. Establishment of United States Boxing Commission.
Sec. 222. Study and report on definition of promoter.
Sec. 223. Effective date.
SEC. 202. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF
1996.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Professional Boxing Safety Act of 1996
(15 U.S.C. 6301 et seq.).
SEC. 203. DEFINITIONS.
(a) In General.--Section 2 (15 U.S.C. 6301) is amended to
read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Commission.--The term `Commission' means the United
States Boxing Commission.
``(2) Bout agreement.--The term `bout agreement' means a
contract between a promoter and a boxer that requires the
boxer to participate in a professional boxing match for a
particular date.
``(3) Boxer.--The term `boxer' means an individual who
fights in a professional boxing match.
``(4) Boxing commission.--The term `boxing commission'
means an entity authorized under State or tribal law to
regulate professional boxing matches.
``(5) Boxer registry.--The term `boxer registry' means any
entity certified by the Commission for the purposes of
maintaining records and identification of boxers.
``(6) Boxing service provider.--The term `boxing service
provider' means a promoter, manager, sanctioning body,
licensee, or matchmaker.
``(7) Contract provision.--The term `contract provision'
means any legal obligation between a boxer and a boxing
service provider.
``(8) Indian lands; indian tribe.--The terms `Indian lands'
and `Indian tribe' have the meanings given those terms by
paragraphs (4) and (5), respectively, of section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703).
``(9) Licensee.--The term `licensee' means an individual
who serves as a trainer, corner man, second, or cut man for a
boxer.
``(10) Manager.--The term `manager' means a person other
than a promoter who, under contract, agreement, or other
arrangement with a boxer, undertakes to control or
administer, directly or indirectly, a boxing-related matter
on behalf of that boxer, including a person who is a booking
agent for a boxer.
``(11) Matchmaker.--The term `matchmaker' means a person
that proposes, selects, and arranges for boxers to
participate in a professional boxing match.
``(12) Physician.--The term `physician' means a doctor of
medicine legally authorized to practice medicine by the State
in which the physician performs such function or action and
who has training and experience in dealing with sports
injuries, particularly head trauma.
``(13) Professional boxing match.--The term `professional
boxing match' means a boxing contest held in the United
States between individuals for financial compensation. The
term `professional boxing match' does not include a boxing
contest that is regulated by a duly recognized amateur sports
organization, as approved by the Commission.
``(14) Promoter.--The term `promoter'--
``(A) means the person primarily responsible for
organizing, promoting, and producing a professional boxing
match; but
``(B) does not include a hotel, casino, resort, or other
commercial establishment hosting or sponsoring a professional
boxing match unless--
``(i) the hotel, casino, resort, or other commercial
establishment is primarily responsible for organizing,
promoting, and producing the match; and
``(ii) there is no other person primarily responsible for
organizing, promoting, and producing the match.
``(15) Promotional agreement.--The term `promotional
agreement' means a contract, for the acquisition of rights
relating to a boxer's participation in a professional boxing
match or series of boxing matches (including the right to
sell, distribute, exhibit, or license the match or matches),
with--
``(A) the boxer who is to participate in the match or
matches; or
``(B) the nominee of a boxer who is to participate in the
match or matches, or the nominee is an entity that is owned,
controlled or held in trust for the boxer unless that nominee
or entity is a licensed promoter who is conveying a portion
of the rights previously acquired.
``(16) State.--The term `State' means each of the 50
States, Puerto Rico, the District of Columbia, and any
territory or possession of the United States, including the
Virgin Islands.
``(17) Sanctioning organization.--The term `sanctioning
organization' means an organization, other than a boxing
commission, that sanctions professional boxing matches, ranks
professional boxers, or charges a sanctioning fee for
professional boxing matches in the United States--
``(A) between boxers who are residents of different States;
or
``(B) that are advertised, otherwise promoted, or broadcast
(including closed circuit television) in interstate commerce.
``(18) Suspension.--The term `suspension' includes within
its meaning the temporary revocation of a boxing license.
``(19) Tribal organization.--The term `tribal organization'
has the same meaning as in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l)).''.
(b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is
amended to read as follows:
``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN
LANDS.
``(a) In General.--Notwithstanding any other provision of
law, a tribal organization may establish a boxing commission
to regulate professional boxing matches held on Indian land
under the jurisdiction of that tribal organization.
``(b) Standards and Licensing.--A tribal organization that
establishes a boxing commission shall, by tribal ordinance or
resolution, establish and provide for the implementation of
health and safety standards, licensing requirements, and
other requirements relating to the conduct of professional
boxing matches that are at least as restrictive as--
``(1) the otherwise applicable requirements of the State in
which the Indian land on which the professional boxing match
is held is located; or
``(2) the guidelines established by the United States
Boxing Commission.
``(c) Application of Act to Boxing Matches on Tribal
Lands.--The provisions of this Act apply to professional
boxing matches held on tribal lands to the same extent and in
the same way as they apply to professional boxing matches
held in any State.''.
SEC. 204. PURPOSES.
Section 3(2) (15 U.S.C. 6302(2)) is amended by striking
``State''.
SEC. 205. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR
COMMISSION SANCTION, REQUIRED FOR MATCHES.
(a) In General.--Section 4 (15 U.S.C. 6303) is amended to
read as follows:
``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.
``(a) In General.--No person may arrange, promote,
organize, produce, or fight in a professional boxing match
within the United States unless the match--
``(1) is approved by the Commission; and
``(2) is held in a State, or on tribal land of a tribal
organization, that regulates professional boxing matches in
accordance with standards and criteria established by the
Commission.
``(b) Approval Presumed.--
``(1) In general.--For purposes of subsection (a), the
Commission shall be presumed to have approved any match other
than--
``(A) a match with respect to which the Commission has been
informed of an alleged violation of this Act and with respect
to which it has notified the supervising boxing commission
that it does not approve;
``(B) a match advertised to the public as a championship
match;
``(C) a match scheduled for 10 rounds or more; or
``(D) a match in which 1 of the boxers has--
``(i) suffered 10 consecutive defeats in professional
boxing matches; or
``(ii) has been knocked out 5 consecutive times in
professional boxing matches.
``(2) Delegation of approval authority.--Notwithstanding
paragraph (1), the Commission shall be presumed to have
approved a match described in subparagraph (B), (C), or (D)
of paragraph (1) if--
``(A) the Commission has delegated in writing its approval
authority with respect to that match to a boxing commission;
and
``(B) the boxing commission has approved the match.
``(3) Knocked-out defined.--Except as may be otherwise
provided by the Commission by rule, in paragraph (1)(D)(ii),
the term `knocked out' means knocked down and unable to
continue after a count of 10 by the referee or stopped from
continuing because of a technical knockout.''.
(b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is
repealed.
SEC. 206. SAFETY STANDARDS.
Section 5 (15 U.S.C. 6304) is amended--
(1) by striking ``requirements or an alternative
requirement in effect under regulations of a boxing
commission that provides equivalent protection of the health
and safety of boxers:'' and inserting ``requirements:'';
(2) by adding at the end of paragraph (1) ``The examination
shall include testing for
[[Page S11807]]
infectious diseases in accordance with standards established
by the Commission.'';
(3) by striking paragraph (2) and inserting the following:
``(2) An ambulance continuously present on site.'';
(4) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following:
``(3) Emergency medical personnel with appropriate
resuscitation equipment continuously present on site.''; and
(5) by striking ``match.'' in paragraph (5), as
redesignated, and inserting ``match in an amount prescribed
by the Commission.''.
SEC. 207. REGISTRATION.
Section 6 (15 U.S.C. 6305) is amended--
(1) by inserting ``or Indian tribe'' after ``State'' the
second place it appears in subsection (a)(2);
(2) by striking the first sentence of subsection (c) and
inserting ``A boxing commission shall, in accordance with
requirements established by the Commission, make a health and
safety disclosure to a boxer when issuing an identification
card to that boxer.'';
(3) by striking ``should'' in the second sentence of
subsection (c) and inserting ``shall, at a minimum,''; and
(4) by adding at the end the following:
``(d) Copy of Registration and Identification Cards To Be
Sent to Commission.--A boxing commission shall furnish a copy
of each registration received under subsection (a), and each
identification card issued under subsection (b), to the
Commission.''.
SEC. 208. REVIEW.
Section 7 (15 U.S.C. 6306) is amended--
(1) by striking ``that, except as provided in subsection
(b), no'' in subsection (a)(2) and inserting ``that no'';
(2) by striking paragraphs (3) and (4) of subsection (a)
and inserting the following:
``(3) Procedures to review a summary suspension when a
hearing before the boxing commission is requested by a boxer,
licensee, manager, matchmaker, promoter, or other boxing
service provider which provides an opportunity for that
person to present evidence.'';
(3) by striking subsection (b); and
(4) by striking ``(a) Procedures.--''.
SEC. 209. REPORTING.
Section 8 (15 U.S.C. 6307) is amended--
(1) by striking ``48 business hours'' and inserting ``2
business days'';
(2) by striking ``bxoing'' and inserting ``boxing''; and
(3) by striking ``each boxer registry.'' and inserting
``the Commission.''.
SEC. 210. CONTRACT REQUIREMENTS.
Section 9 (15 U.S.C. 6307a) is amended to read as follows:
``SEC. 9. CONTRACT REQUIREMENTS.
``(a) In General.--The Commission, in consultation with the
Association of Boxing Commissions, shall develop guidelines
for minimum contractual provisions that shall be included in
each bout agreement, boxer-manager contract, and promotional
agreement. Each boxing commission shall ensure that these
minimal contractual provisions are present in any such
agreement or contract submitted to it.
``(b) Filing and Approval Requirements.--
``(1) Commission.--A manager or promoter shall submit a
copy of each boxer-manager contract and each promotional
agreement between that manager or promoter and a boxer to the
Commission, and, if requested, to the boxing commission with
jurisdiction over the bout.
``(2) Boxing commission.--A boxing commission may not
approve a professional boxing match unless a copy of the bout
agreement related to that match has been filed with it and
approved by it.
``(c) Bond or Other Surety.--A boxing commission may not
approve a professional boxing match unless the promoter of
that match has posted a surety bond, cashier's check, letter
of credit, cash, or other security with the boxing commission
in an amount acceptable to the boxing commission.''.
SEC. 211. COERCIVE CONTRACTS.
Section 10 (15 U.S.C. 6307b) is amended--
(1) by striking paragraph (3) of subsection (a);
(2) by inserting ``or elimination'' after ``mandatory'' in
the heading of subsection (b); and
(3) by inserting ``or elimination'' after ``mandatory'' in
subsection (b).
SEC. 212. SANCTIONING ORGANIZATIONS.
(a) In General.--Section 11 (15 U.S.C. 6307c) is amended to
read as follows:
``SEC. 11. SANCTIONING ORGANIZATIONS.
``(a) Objective Criteria.--Within 1 year after the date of
enactment of the Professional Boxing Amendments Act of 2004,
the Commission shall develop guidelines for objective and
consistent written criteria for the rating of professional
boxers based on the athletic merits and professional record
of the boxers. Within 90 days after the Commission's
promulgation of the guidelines, each sanctioning organization
shall adopt the guidelines and follow them.
``(b) Notification of Change in Rating.--A sanctioning
organization shall, with respect to a change in the rating of
a boxer previously rated by such organization in the top 10
boxers--
``(1) post a copy, within 7 days after the change, on its
Internet website or home page, if any, including an
explanation of the change, for a period of not less than 30
days;
``(2) provide a copy of the rating change and a thorough
explanation in writing under penalty of perjury to the boxer
and the Commission;
``(3) provide the boxer an opportunity to appeal the
ratings change to the sanctioning organization; and
``(4) apply the objective criteria for ratings required
under subsection (a) in considering any such appeal.
``(c) Challenge of Rating.--If, after disposing with an
appeal under subsection (b)(3), a sanctioning organization
receives a petition from a boxer challenging that
organization's rating of the boxer, it shall (except to the
extent otherwise required by the Commission), within 7 days
after receiving the petition--
``(1) provide to the boxer a written explanation under
penalty of perjury of the organization's rating criteria, its
rating of the boxer, and the rationale or basis for its
rating (including a response to any specific questions
submitted by the boxer); and
``(2) submit a copy of its explanation to the Association
of Boxing Commissions and the Commission for their review.''.
(b) Conforming Amendments.--Section 18(e) (15 U.S.C.
6309(e)) is amended--
(1) by striking ``Federal Trade Commission,'' in the
subsection heading and inserting ``United States Boxing
Commission''; and
(2) by striking ``Federal Trade Commission,'' in paragraph
(1) and inserting ``United States Boxing Commission,''.
SEC. 213. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.
Section 12 (15 U.S.C. 6307d) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting ``Within 7 days after a professional boxing match
of 10 rounds or more, the sanctioning organization, if any,
for that match shall provide to the Commission, and, if
requested, to the boxing commission in the State or on Indian
land responsible for regulating the match, a written
statement of--'';
(2) by striking ``will assess'' in paragraph (1) and
inserting ``has assessed, or will assess,''; and
(3) by striking ``will receive'' in paragraph (2) and
inserting ``has received, or will receive,''.
SEC. 214. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.
Section 13 (15 U.S.C. 6307e) is amended--
(1) by striking ``promoters.'' in the section caption and
inserting ``promoters and broadcasters.'';
(2) by striking so much of subsection (a) as precedes
paragraph (1) and inserting the following:
``(a) Disclosures to Boxing Commissions and the
Commission.--Within 7 days after a professional boxing match
of 10 rounds or more, the promoter of any boxer participating
in that match shall provide to the Commission, and, if
requested, to the boxing commission in the State or on Indian
land responsible for regulating the match--'';
(3) by striking ``writing,'' in subsection (a)(1) and
inserting ``writing, other than a bout agreement previously
provided to the commission,'';
(4) by striking ``all fees, charges, and expenses that will
be'' in subsection (a)(3)(A) and inserting ``a written
statement of all fees, charges, and expenses that have been,
or will be,'';
(5) by inserting ``a written statement of'' before ``all''
in subsection (a)(3)(B);
(6) by inserting ``a statement of'' before ``any'' in
subsection (a)(3)(C);
(7) by striking the matter in subsection (b) following
``Boxer.--'' and preceding paragraph (1) and inserting
``Within 7 days after a professional boxing match of 10
rounds or more, the promoter of the match shall provide to
each boxer participating in the bout or match with whom the
promoter has a bout or promotional agreement a statement
of--'';
(8) by striking ``match;'' in subsection (b)(1) and
inserting ``match, and that the promoter has paid, or agreed
to pay, to any other person in connection with the match;'';
and
(9) by adding at the end the following:
``(d) Required Disclosures by Broadcasters.--
``(1) In general.--A broadcaster that owns the television
broadcast rights for a professional boxing match of 10 rounds
or more shall, within 7 days after that match, provide to the
Commission--
``(A) a statement of any advance, guarantee, or license fee
paid or owed by the broadcaster to a promoter in connection
with that match;
``(B) a copy of any contract executed by or on behalf of
the broadcaster with--
``(i) a boxer who participated in that match; or
``(ii) the boxer's manager, promoter, promotional company,
or other representative or the owner or representative of the
site of the match; and
``(C) a list identifying sources of income received from
the broadcast of the match.
``(2) Copy to boxing commission.--Upon request from the
boxing commission in the State or Indian land responsible for
regulating a match to which paragraph (1) applies, a
broadcaster shall provide the information described in
paragraph (1) to that boxing commission.
``(3) Confidentiality.--The information provided to the
Commission or to a boxing commission pursuant to this
subsection shall
[[Page S11808]]
be confidential and not revealed by the Commission or a
boxing commission, except that the Commission may publish an
analysis of the data in aggregate form or in a manner which
does not disclose confidential information about identifiable
broadcasters.
``(4) Television broadcast rights.--In paragraph (1), the
term `television broadcast rights' means the right to
broadcast the match, or any part thereof, via a broadcast
station, cable service, or multichannel video programming
distributor as such terms are defined in section 3(5),
602(6), and 602(13) of the Communications Act of 1934 (47
U.S.C. 153(5), 602(6), and 602(13), respectively).''.
SEC. 215. JUDGES AND REFEREES.
(a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
(1) by inserting ``(a) Licensing and Assignment
Requirement.--'' before ``No person'';
(2) by striking ``certified and approved'' and inserting
``selected'';
(3) by inserting ``or Indian lands'' after ``State''; and
(4) by adding at the end the following:
``(b) Championship and 10-Round Bouts.--In addition to the
requirements of subsection (a), no person may arrange,
promote, organize, produce, or fight in a professional boxing
match advertised to the public as a championship match or in
a professional boxing match scheduled for 10 rounds or more
unless all referees and judges participating in the match
have been licensed by the Commission.
``(c) Role of Sanctioning Organization.--A sanctioning
organization may provide a list of judges and referees deemed
qualified by that organization to a boxing commission, but
the boxing commission shall select, license, and appoint the
judges and referees participating in the match.
``(d) Assignment of Nonresident Judges and Referees.--A
boxing commission may assign judges and referees who reside
outside that commission's State or Indian land.
``(e) Required Disclosure.--A judge or referee shall
provide to the boxing commission responsible for regulating a
professional boxing match in a State or on Indian land a
statement of all consideration, including reimbursement for
expenses, that the judge or referee has received, or will
receive, from any source for participation in the match. If
the match is scheduled for 10 rounds or more, the judge or
referee shall also provide such a statement to the
Commission.''.
(b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is
repealed.
SEC. 216. MEDICAL REGISTRY.
The Act is amended by inserting after section 13 (15 U.S.C.
6307e) the following:
``SEC. 14. MEDICAL REGISTRY.
``(a) In General.--The Commission shall establish and
maintain, or certify a third party entity to establish and
maintain, a medical registry that contains comprehensive
medical records and medical denials or suspensions for every
licensed boxer.
``(b) Content; Submission.--The Commission shall
determine--
``(1) the nature of medical records and medical suspensions
of a boxer that are to be forwarded to the medical registry;
and
``(2) the time within which the medical records and medical
suspensions are to be submitted to the medical registry.
``(c) Confidentiality.--The Commission shall establish
confidentiality standards for the disclosure of personally
identifiable information to boxing commissions that will--
``(1) protect the health and safety of boxers by making
relevant information available to the boxing commissions for
use but not public disclosure; and
``(2) ensure that the privacy of the boxers is
protected.''.
SEC. 217. CONFLICTS OF INTEREST.
Section 17 (15 U.S.C. 6308) is amended--
(1) by striking ``enforces State boxing laws,'' in
subsection (a) and inserting ``implements State or tribal
boxing laws, no officer or employee of the Commission,'';
(2) by striking ``belong to,'' and inserting ``hold office
in,'' in subsection (a);
(3) by striking the last sentence of subsection (a);
(4) by striking subsection (b) and inserting the following:
``(b) Boxers.--A boxer may not own or control, directly or
indirectly, an entity that promotes the boxer's bouts if that
entity is responsible for--
``(1) executing a bout agreement or promotional agreement
with the boxer's opponent; or
``(2) providing any payment or other compensation to--
``(A) the boxer's opponent for participation in a bout with
the boxer;
``(B) the boxing commission that will regulate the bout; or
``(C) ring officials who officiate at the bout.''.
SEC. 218. ENFORCEMENT.
Section 18 (15 U.S.C. 6309) is amended--
(1) by striking ``(a) Injunctions.--'' in subsection (a)
and inserting ``(a) Actions by Attorney General.--'';
(2) by striking ``enforces State boxing laws,'' in
subsection (b)(3) and inserting ``implements State or tribal
boxing laws, any officer or employee of the Commission,'';
(3) by inserting ``has engaged in or'' after
``organization'' in subsection (c);
(4) by striking ``subsection (b)'' in subsection (c)(3) and
inserting ``subsection (b), a civil penalty, or''; and
(5) by striking ``boxer'' in subsection (d) and inserting
``person''.
SEC. 219. REPEAL OF DEADWOOD.
Section 20 (15 U.S.C. 6311) is repealed.
SEC. 220. RECOGNITION OF TRIBAL LAW.
Section 22 (15 U.S.C. 6313) is amended--
(1) by insert ``or tribal'' in the section heading after
``state''; and
(2) by inserting ``or Indian tribe'' after ``State''.
SEC. 221. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) In General.--The Act is amended by adding at the end
the following:
``TITLE II--UNITED STATES BOXING COMMISSION
``SEC. 201. PURPOSE.
``The purpose of this title is to protect the health,
safety, and welfare of boxers and to ensure fairness in the
sport of professional boxing.
``SEC. 202. UNITED STATES BOXING COMMISSION.
``(a) In General.--The United States Boxing Commission is
established as a commission within the Department of
Commerce.
``(b) Members.--
``(1) In general.--The Commission shall consist of 3
members appointed by the President, by and with the advice
and consent of the Senate.
``(2) Qualifications.--
``(A) In general.--Each member of the Commission shall be a
citizen of the United States who--
``(i) has extensive experience in professional boxing
activities or in a field directly related to professional
sports;
``(ii) is of outstanding character and recognized
integrity; and
``(iii) is selected on the basis of training, experience,
and qualifications and without regard to political party
affiliation.
``(B) Specific qualifications for certain members.--At
least 1 member of the Commission shall be a former member of
a local boxing authority. If practicable, at least 1 member
of the Commission shall be a physician or other health care
professional duly licensed as such.
``(C) Disinterested persons.--No member of the Commission
may, while serving as a member of the Commission--
``(i) be engaged as a professional boxer, boxing promoter,
agent, fight manager, matchmaker, referee, judge, or in any
other capacity in the conduct of the business of professional
boxing;
``(ii) have any pecuniary interest in the earnings of any
boxer or the proceeds or outcome of any boxing match; or
``(iii) serve as a member of a boxing commission.
``(3) Bipartisan membership.--Not more than 2 members of
the Commission may be members of the same political party.
``(4) Geographic balance.--Not more than 2 members of the
Commission may be residents of the same geographic region of
the United States when appointed to the Commission. For
purposes of the preceding sentence, the area of the United
States east of the Mississippi River is a geographic region,
and the area of the United States west of the Mississippi
River is a geographic region.
``(5) Terms.--
``(A) In general.--The term of a member of the Commission
shall be 3 years.
``(B) Reappointment.--Members of the Commission may be
reappointed to the Commission.
``(C) Midterm vacancies.--A member of the Commission
appointed to fill a vacancy in the Commission occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed for the
remainder of that unexpired term.
``(D) Continuation pending replacement.--A member of the
Commission may serve after the expiration of that member's
term until a successor has taken office.
``(6) Removal.--A member of the Commission may be removed
by the President only for cause.
``(c) Executive Director.--
``(1) In general.--The Commission shall employ an Executive
Director to perform the administrative functions of the
Commission under this Act, and such other functions and
duties of the Commission as the Commission shall specify.
``(2) Discharge of functions.--Subject to the authority,
direction, and control of the Commission the Executive
Director shall carry out the functions and duties of the
Commission under this Act.
``(d) General Counsel.--The Commission shall employ a
General Counsel to provide legal counsel and advice to the
Executive Director and the Commission in the performance of
its functions under this Act, and to carry out such other
functions and duties as the Commission shall specify.
``(e) Staff.--The Commission shall employ such additional
staff as the Commission considers appropriate to assist the
Executive Director and the General Counsel in carrying out
the functions and duties of the Commission under this Act.
``(f) Compensation.--
``(1) Members of commission.--
``(A) In general.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission.
``(B) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
[[Page S11809]]
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
``(2) Executive director and staff.--The Commission shall
fix the compensation of the Executive Director, the General
Counsel, and other personnel of the Commission. The rate of
pay for the Executive Director, the General Counsel, and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title 5,
United States Code.
``SEC. 203. FUNCTIONS.
``(a) Primary Functions.--The primary functions of the
Commission are--
``(1) to protect the health, safety, and general interests
of boxers consistent with the provisions of this Act; and
``(2) to ensure uniformity, fairness, and integrity in
professional boxing.
``(b) Specific Functions.--The Commission shall--
``(1) administer title I of this Act;
``(2) promulgate uniform standards for professional boxing
in consultation with the Association of Boxing Commissions;
``(3) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United States;
``(4) work with the boxing commissions of the several
States and tribal organizations--
``(A) to improve the safety, integrity, and professionalism
of professional boxing in the United States;
``(B) to enhance physical, medical, financial, and other
safeguards established for the protection of professional
boxers; and
``(C) to improve the status and standards of professional
boxing in the United States;
``(5) ensure, in cooperation with the Attorney General (who
shall represent the Commission in any judicial proceeding
under this Act), the chief law enforcement officer of the
several States, and other appropriate officers and agencies
of Federal, State, and local government, that Federal and
State laws applicable to professional boxing matches in the
United States are vigorously, effectively, and fairly
enforced;
``(6) review boxing commission regulations for professional
boxing and provide assistance to such authorities in meeting
minimum standards prescribed by the Commission under this
title;
``(7) serve as the coordinating body for all efforts in the
United States to establish and maintain uniform minimum
health and safety standards for professional boxing;
``(8) if the Commission determines it to be appropriate,
publish a newspaper, magazine, or other publication and
establish and maintain a website consistent with the purposes
of the Commission;
``(9) procure the temporary and intermittent services of
experts and consultants to the extent authorized by section
3109(b) of title 5, United States Code, at rates the
Commission determines to be reasonable; and
``(10) promulgate rules, regulations, and guidance, and
take any other action necessary and proper to accomplish the
purposes of, and consistent with, the provisions of this
title.
``(c) Prohibitions.--The Commission may not--
``(1) promote boxing events or rank professional boxers; or
``(2) provide technical assistance to, or authorize the use
of the name of the Commission by, boxing commissions that do
not comply with requirements of the Commission.
``(d) Use of Name.--The Commission shall have the exclusive
right to use the name `United States Boxing Commission'. Any
person who, without the permission of the Commission, uses
that name or any other exclusive name, trademark, emblem,
symbol, or insignia of the Commission for the purpose of
inducing the sale or exchange of any goods or services, or to
promote any exhibition, performance, or sporting event, shall
be subject to suit in a civil action by the Commission for
the remedies provided in the Act of July 5, 1946 (commonly
known as the `Trademark Act of 1946'; 15 U.S.C. 1051 et
seq.).
``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
``(a) Licensing.--
``(1) Requirement for license.--No person may compete in a
professional boxing match or serve as a boxing manager,
boxing promoter, or sanctioning organization for a
professional boxing match except as provided in a license
granted to that person under this subsection.
``(2) Application and term.--
``(A) In general.--The Commission shall--
``(i) establish application procedures, forms, and fees;
``(ii) establish and publish appropriate standards for
licenses granted under this section; and
``(iii) issue a license to any person who, as determined by
the Commission, meets the standards established by the
Commission under this title.
``(B) Duration.--A license issued under this section shall
be for a renewable--
``(i) 4-year term for a boxer; and
``(ii) 2-year term for any other person.
``(C) Procedure.--The Commission may issue a license under
this paragraph through boxing commissions or in a manner
determined by the Commission.
``(b) Licensing Fees.--
``(1) Authority.--The Commission may prescribe and charge
reasonable fees for the licensing of persons under this
title. The Commission may set, charge, and adjust varying
fees on the basis of classifications of persons, functions,
and events determined appropriate by the Commission.
``(2) Limitations.--In setting and charging fees under
paragraph (1), the Commission shall ensure that, to the
maximum extent practicable--
``(A) club boxing is not adversely effected;
``(B) sanctioning organizations and promoters pay
comparatively the largest portion of the fees; and
``(C) boxers pay as small a portion of the fees as is
possible.
``(3) Collection.--Fees established under this subsection
may be collected through boxing commissions or by any other
means determined appropriate by the Commission.
``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.
``(a) Requirement for Registry.--The Commission shall
establish and maintain (or authorize a third party to
establish and maintain) a unified national computerized
registry for the collection, storage, and retrieval of
information related to the performance of its duties.
``(b) Contents.--The information in the registry shall
include the following:
``(1) Boxers.--A list of professional boxers and data in
the medical registry established under section 114 of this
Act, which the Commission shall secure from disclosure in
accordance with the confidentiality requirements of section
114(c).
``(2) Other personnel.--Information (pertinent to the sport
of professional boxing) on boxing promoters, boxing
matchmakers, boxing managers, trainers, cut men, referees,
boxing judges, physicians, and any other personnel determined
by the Commission as performing a professional activity for
professional boxing matches.
``SEC. 206. CONSULTATION REQUIREMENTS.
``The Commission shall consult with the Association of
Boxing Commissions--
``(1) before prescribing any regulation or establishing any
standard under the provisions of this title; and
``(2) not less than once each year regarding matters
relating to professional boxing.
``SEC. 207. MISCONDUCT.
``(a) Suspension and Revocation of License or
Registration.--
``(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any license
issued under this title if the Commission finds that--
``(A) the license holder has violated any provision of this
Act;
``(B) there are reasonable grounds for belief that a
standard prescribed by the Commission under this title is not
being met, or that bribery, collusion, intentional losing,
racketeering, extortion, or the use of unlawful threats,
coercion, or intimidation have occurred in connection with a
license; or
``(C) the suspension or revocation is necessary for the
protection of health and safety or is otherwise in the public
interest.
``(2) Period of suspension.--
``(A) In general.--A suspension of a license under this
section shall be effective for a period determined
appropriate by the Commission except as provided in
subparagraph (B).
``(B) Suspension for medical reasons.--In the case of a
suspension or denial of the license of a boxer for medical
reasons by the Commission, the Commission may terminate the
suspension or denial at any time that a physician certifies
that the boxer is fit to participate in a professional boxing
match. The Commission shall prescribe the standards and
procedures for accepting certifications under this
subparagraph.
``(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period
of not less than 1 year.
``(b) Investigations and Injunctions.--
``(1) Authority.--The Commission may--
``(A) conduct any investigation that it considers necessary
to determine whether any person has violated, or is about to
violate, any provision of this Act or any regulation
prescribed under this Act;
``(B) require or permit any person to file with it a
statement in writing, under oath or otherwise as the
Commission shall determine, as to all the facts and
circumstances concerning the matter to be investigated;
``(C) in its discretion, publish information concerning any
violations; and
``(D) investigate any facts, conditions, practices, or
matters to aid in the enforcement of the provisions of this
Act, in the prescribing of regulations under this Act, or in
securing information to serve as a basis for recommending
legislation concerning the matters to which this Act relates.
``(2) Powers.--
``(A) In general.--For the purpose of any investigation
under paragraph (1) or any other proceeding under this
title--
``(i) any officer designated by the Commission may
administer oaths and affirmations, subpoena or otherwise
compel the attendance of witnesses, take evidence, and
require the production of any books, papers, correspondence,
memoranda, or other records the Commission considers relevant
or material to the inquiry; and
``(ii) the provisions of sections 6002 and 6004 of title
18, United States Code, shall apply.
``(B) Witnesses and evidence.--The attendance of witnesses
and the production of any documents under subparagraph (A)
may be required from any place in the United States,
including Indian land, at any designated place of hearing.
[[Page S11810]]
``(3) Enforcement of subpoenas.--
``(A) Civil action.--In case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Commission may
file an action in any district court of the United States
within the jurisdiction of which an investigation or
proceeding is carried out, or where that person resides or
carries on business, to enforce the attendance and testimony
of witnesses and the production of books, papers,
correspondence, memorandums, and other records. The court may
issue an order requiring the person to appear before the
Commission to produce records, if so ordered, or to give
testimony concerning the matter under investigation or in
question.
``(B) Failure to obey.--Any failure to obey an order issued
by a court under subparagraph (A) may be punished as contempt
of that court.
``(C) Process.--All process in any contempt case under
subparagraph (A) may be served in the judicial district in
which the person is an inhabitant or in which the person may
be found.
``(4) Evidence of criminal misconduct.--
``(A) In general.--No person may be excused from attending
and testifying or from producing books, papers, contracts,
agreements, and other records and documents before the
Commission, in obedience to the subpoena of the Commission,
or in any cause or proceeding instituted by the Commission,
on the ground that the testimony or evidence, documentary or
otherwise, required of that person may tend to incriminate
the person or subject the person to a penalty or forfeiture.
``(B) Limited immunity.--No individual may be prosecuted or
subject to any penalty or forfeiture for, or on account of,
any transaction, matter, or thing concerning the matter about
which that individual is compelled, after having claimed a
privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that the
individual so testifying shall not be exempt from prosecution
and punishment for perjury committed in so testifying.
``(5) Injunctive relief.--If the Commission determines that
any person is engaged or about to engage in any act or
practice that constitutes a violation of any provision of
this Act, or of any regulation prescribed under this Act, the
Commission may bring an action in the appropriate district
court of the United States, the United States District Court
for the District of Columbia, or the United States courts of
any territory or other place subject to the jurisdiction of
the United States, to enjoin the act or practice, and upon a
proper showing, the court shall grant without bond a
permanent or temporary injunction or restraining order.
``(6) Mandamus.--Upon application of the Commission, the
district courts of the United States, the United States
District Court for the District of Columbia, and the United
States courts of any territory or other place subject to the
jurisdiction of the United States, shall have jurisdiction to
issue writs of mandamus commanding any person to comply with
the provisions of this Act or any order of the Commission.
``(c) Intervention in Civil Actions.--
``(1) In general.--The Commission, on behalf of the public
interest, may intervene of right as provided under rule 24(a)
of the Federal Rules of Civil Procedure in any civil action
relating to professional boxing filed in a district court of
the United States.
``(2) Amicus filing.--The Commission may file a brief in
any action filed in a court of the United States on behalf of
the public interest in any case relating to professional
boxing.
``(d) Hearings by Commission.--Hearings conducted by the
Commission under this Act shall be public and may be held
before any officer of the Commission. The Commission shall
keep appropriate records of the hearings.
``SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.
``(a) Noninterference.--Nothing in this Act prohibits any
boxing commission from exercising any of its powers, duties,
or functions with respect to the regulation or supervision of
professional boxing or professional boxing matches to the
extent not inconsistent with the provisions of this Act.
``(b) Minimum Standards.--Nothing in this Act prohibits any
boxing commission from enforcing local standards or
requirements that exceed the minimum standards or
requirements promulgated by the Commission under this Act.
``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.
``Any employee of any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality may be detailed to the Commission, upon the
request of the Commission, on a reimbursable or
nonreimbursable basis, with the consent of the appropriate
authority having jurisdiction over the employee. While so
detailed, an employee shall continue to receive the
compensation provided pursuant to law for the employee's
regular position of employment and shall retain, without
interruption, the rights and privileges of that employment.
``SEC. 210. REPORTS.
``(a) Annual Report.--The Commission shall submit a report
on its activities to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Commerce each year. The annual report shall
include--
``(1) a detailed discussion of the activities of the
Commission for the year covered by the report; and
``(2) an overview of the licensing and enforcement
activities of the State and tribal organization boxing
commissions.
``(b) Public Report.--The Commission shall annually issue
and publicize a report of the Commission on the progress made
at Federal and State levels and on Indian lands in the reform
of professional boxing, which shall include comments on
issues of continuing concern to the Commission.
``(c) First Annual Report on the Commission.--The first
annual report under this title shall be submitted not later
than 2 years after the effective date of this title.
``SEC. 211. INITIAL IMPLEMENTATION.
``(a) Temporary Exemption.--The requirements for licensing
under this title do not apply to a person for the performance
of an activity as a boxer, boxing judge, or referee, or the
performance of any other professional activity in relation to
a professional boxing match, if the person is licensed by a
boxing commission to perform that activity as of the
effective date of this title.
``(b) Expiration.--The exemption under subsection (a) with
respect to a license issued by a boxing commission expires on
the earlier of--
``(A) the date on which the license expires; or
``(B) the date that is 2 years after the date of the
enactment of the Professional Boxing Amendments Act of 2004.
``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for the Commission for each fiscal year such sums as may be
necessary for the Commission to perform its functions for
that fiscal year.
``(b) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, United States Code,
any fee collected under this title--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which
the fee is imposed;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed; and
``(3) shall remain available until expended.''.
(b) Conforming Amendments.--
(1) PBSA.--The Professional Boxing Safety Act of 1996, as
amended by this Act, is further amended--
(A) by striking section 1 and inserting the following:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the
`Professional Boxing Safety Act'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Section 1. Short title; table of contents.
``Sec. 2. Definitions.
``TITLE I--PROFESSIONAL BOXING SAFETY
``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by
sanctioning organizations.
``Sec. 111. Required disclosures by promoters and broadcasters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.
``TITLE II--UNITED STATES BOXING COMMISSION
``Sec. 201. Purpose.
``Sec. 202. United States Boxing Commission.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with boxing commissions
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';
(B) by inserting before section 3 the following:
``TITLE I--PROFESSIONAL BOXING SAFETY'';
(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101
through 118, respectively;
(D) by striking subsection (a) of section 113, as
redesignated, and inserting the following:
``(a) In General.--Except to the extent required in a
legal, administrative, or judicial proceeding, a boxing
commission, an Attorney General, or the Commission may not
disclose to the public any matter furnished by a promoter
under section 111.'';
(E) by striking ``section 13'' in subsection (b) of section
113, as redesignated, and inserting ``section 111'';
[[Page S11811]]
(F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in
paragraph (1) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114,'';
(G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in
paragraph (2) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114'';
(H) by striking ``section 17(a)'' in subsection (b)(3) of
section 116, as redesignated, and inserting ``section
115(a)'';
(I) by striking ``section 10'' in subsection (e)(3) of
section 116, as redesignated, and inserting ``section 108'';
and
(J) by striking ``of this Act'' each place it appears in
sections 101 through 120, as redesignated, and inserting ``of
this title''.
(2) Compensation of members.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Members of the United States Boxing Commission.''.
SEC. 222. STUDY AND REPORT ON DEFINITION OF PROMOTER.
(a) Study.--The United States Boxing Commission shall
conduct a study on how the term ``promoter'' should be
defined for purposes of the Professional Boxing Safety Act.
(b) Hearings.--As part of that study, the Commission shall
hold hearings and solicit testimony at those hearings from
boxers, managers, promoters, premium, cable, and satellite
program service providers, hotels, casinos, resorts, and
other commercial establishments that host or sponsor
professional boxing matches, and other interested parties
with respect to the definition of that term as it is used in
the Professional Boxing Safety Act.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the study conducted under
subsection (a). The report shall--
(1) set forth a proposed definition of the term
``promoter'' for purposes of the Professional Boxing Safety
Act; and
(2) describe the findings, conclusions, and rationale of
the Commission for the proposed definition, together with any
recommendations of the Commission, based on the study.
SEC. 223. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect on the date
of enactment of this Act.
(b) 1-Year Delay for Certain Title II Provisions.--Sections
205 through 212 of the Professional Boxing Safety Act of
1996, as added by section 221(a) of this title, shall take
effect 1 year after the date of enactment of this Act.
______
SA 4075. Mr. McCAIN (for Ms. Collins) proposed an amendment to the
bill S. 2657, to amend part III of title 5, United States Code, to
provide for the establishment of programs under which supplemental
dental and vision benefits are made available to Federal employees,
retirees, and their dependents, to expand the contracting authority of
the Office of Personnel Management, and for other purposes; as follows:
On page 3, line 10, insert ``or an employee organization
defined under section 8901(8)'' after ``companies)''.
On page 8, line 9, insert ``area'' after ``delivery''.
On page 12, line 15, strike ``General Accounting Office''
and insert ``Government Accountability Office''.
On page 13, line 1, strike ``General Accounting Office''
and insert ``Government Accountability Office''.
On page 15, line 4, insert ``or an employee organization
defined under section 8901(8)'' after ``companies)''.
On page 19, line 20, ``area'' after ``delivery''.
On page 23, line 25, strike ``General Accounting Office''
and insert ``Government Accountability Office''.
On page 24, line 11, strike ``General Accounting Office''
and insert ``Government Accountability Office''.
On page 25, line 18, strike all through page 26, line 19.
On page 26, line 20, strike ``SEC. 7.'' and insert ``SEC.
6.''.
On page 27, line 7, strike ``SEC. 8.'' and insert ``SEC.
7.''.
______
SA 4076. Mr. STEVENS proposed an amendment to the concurrent
resolution H. Con. Res. 528, Official Title Not Available; as follows:
Strike Section 222 of Title II of Division H.
______
SA 4077. Mr. FRIST (for Ms. Collins (for herself and Mr. Bingaman))
proposed an amendment to the bill S. 2635, to establish an
intergovernmental grant program to identify and develop homeland
security information, equipment, capabilities, technologies, and
services to further the homeland security needs of the United States
and to address the homeland security needs of Federal, State, and local
governments; as follows:
On page 9, line 10, after ``institution,'' insert
``Department of Energy national laboratory,''.
______
SA 4078. Mr. FRIST (for Mr. Inouye) proposed an amendment to the bill
S. 2488, to establish a program within the National Oceanic and
Atmospheric Administration and the United States Coast Guard to help
identify, assess, reduce, and prevent marine debris and its adverse
impacts on the marine environment and navigation safety, in
coordination with non-Federal entities, and for other purposes; as
follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Research
Prevention and Reduction Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The oceans, which comprise nearly three quarters of the
Earth's surface, are an important source of food and provide
a wealth of other natural products that are important to the
economy of the United States and the world.
(2) Ocean and coastal areas are regions of remarkably high
biological productivity, are of considerable importance for a
variety of recreational and commercial activities, and
provide a vital means of transportation.
(3) Ocean and coastal resources are limited and susceptible
to change as a direct and indirect result of human
activities, and such changes can impact the ability of the
ocean to provide the benefits upon which the Nation depends.
(4) Marine debris, including plastics, derelict fishing
gear, and a wide variety of other objects, has a harmful and
persistent effect on marine flora and fauna and can have
adverse impacts on human health.
(5) Marine debris is also a hazard to navigation, putting
mariners and rescuers, their vessels, and consequently the
marine environment at risk, and can cause economic loss due
to entanglement of vessel systems.
(6) Modern plastic materials persist for decades in the
marine environment and therefore pose the greatest potential
for long-term damage to the marine environment.
(7) Insufficient knowledge and data on the source,
movement, and effects of plastics and other marine debris in
marine ecosystems has hampered efforts to develop effective
approaches for addressing marine debris.
(8) Lack of resources, inadequate attention to this issue,
and poor coordination at the Federal level has undermined the
development and implementation of a Federal program to
address marine debris, both domestically and internationally.
(b) Purposes.--The purposes of this Act are--
(1) to establish programs within the National Oceanic and
Atmospheric Administration and the United States Coast Guard
to help identify, determine sources of, assess, reduce, and
prevent marine debris and its adverse impacts on the marine
environment and navigation safety, in coordination with other
Federal and non-Federal entities;
(2) to re-establish the Inter-agency Marine Debris
Coordinating Committee to ensure a coordinated government
response across Federal agencies;
(3) to develop a Federal information clearinghouse to
enable researchers to study the sources, scale and impact of
marine debris more efficiently; and
(4) to take appropriate action in the international
community to prevent marine debris and reduce concentrations
of existing debris on a global scale.
SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.
(a) Establishment of Program.--There is established, within
the National Oceanic and Atmospheric Administration, a Marine
Debris Prevention and Removal Program to reduce and prevent
the occurrence and adverse impacts of marine debris on the
marine environment and navigation safety.
(b) Program Components.--Through the Marine Debris
Prevention and Removal Program, the Under Secretary for
Oceans and Atmosphere (Under Secretary) shall carry out the
following activities:
(1) Mapping, identification, impact assessment, removal,
and prevention.--The Under Secretary shall, in consultation
with relevant Federal agencies, undertake marine debris
mapping, identification, impact assessment, prevention,
and removal efforts, with a focus on marine debris posing
a threat to living marine resources (particularly
endangered or protected species) and navigation safety,
including--
(A) the establishment of a process, building on existing
information sources maintained by Federal agencies such as
the Environmental Protection Agency and the Coast Guard, for
cataloguing and maintaining an inventory of marine debris and
its impacts found in the United States navigable waters and
the United States exclusive economic zone, including
location, material, size, age, and origin, and impacts on
habitat, living marine resources, human health, and
navigation safety;
(B) measures to identify the origin, location, and
projected movement of marine debris within the United States
navigable waters, the United States exclusive economic zone,
and the high seas, including the use of oceanographic,
atmospheric, satellite, and remote sensing data; and
(C) development and implementation of strategies, methods,
priorities, and a plan for preventing and removing marine
debris from United States navigable waters and within
[[Page S11812]]
the United States exclusive economic zone, including
development of local or regional protocols for removal of
derelict fishing gear.
(2) Reducing and preventing loss of gear.--The Under
Secretary shall improve efforts and actively seek to prevent
and reduce fishing gear losses, as well as to reduce adverse
impacts of such gear on living marine resources and
navigation safety, including--
(A) research and development of alternatives to gear posing
threats to the marine environment, and methods for marking
gear used in specific fisheries to enhance the tracking,
recovery, and identification of lost and discarded gear; and
(B) development of voluntary or mandatory measures to
reduce the loss and discard of fishing gear, and to aid its
recovery, such as incentive programs, reporting loss and
recovery of gear, observer programs, toll-free reporting
hotlines, computer-based notification forms, and providing
adequate and free disposal recepticals at ports.
(3) Outreach.--The Under Secretary shall undertake outreach
and education of the public and other stakeholders, such as
the fishing industry, fishing gear manufacturers, and other
marine-dependent industries, on sources of marine debris,
threats associated with marine debris and approaches to
identify, determine sources of, assess, reduce, and prevent
marine debris and its adverse impacts on the marine
environment and navigational safety. Including outreach and
education activities through public-private initiatives. The
Under Secretary shall coordinate outreach and education
activities under this paragraph with any outreach programs
conducted under section 2204 of the Marine Plastic Pollution
Research and Control Act of 1987 (33 U.S.C. 1915).
(c) Grants.--
(1) In general.--The Under Secretary shall provide
financial assistance, in the form of grants, through the
Marine Debris Prevention and Removal Program for projects to
accomplish the purposes of this Act.
(2) 50 percent matching requirement.--
(A) In general.--Except as provided in subparagraph (B),
Federal funds for any project under this section may not
exceed 50 percent of the total cost of such project. For
purposes of this subparagraph, the non-Federal share of
project costs may be provided by in-kind contributions and
other noncash support.
(B) Waiver.--The Under Secretary may waive all or part of
the matching requirement under subparagraph (A) if the Under
Secretary determines that no reasonable means are available
through which applicants can meet the matching requirement
and the probable benefit of such project outweighs the public
interest in such matching requirement.
(3) Amounts paid and services rendered under consent.--
(A) Consent decrees and orders.--The non-Federal share of
the cost of a project carried out under this Act may include
money paid pursuant to, or the value of any in-kind service
performed under, an administrative order on consent or
judicial consent decree that will remove or prevent marine
debris.
(B) Other decrees and orders.--The non-Federal share of the
cost of a project carried out under this Act may not include
any money paid pursuant to, or the value of any in-kind
service performed under, any other administrative order or
court order.
(4) Eligibility.--Any natural resource management authority
of a State, Federal or other government authority whose
activities directly or indirectly affect research or
regulation of marine debris, and any educational or
nongovernmental institutions with demonstrated expertise in a
field related to marine debris, are eligible to submit to the
Under Secretary a marine debris proposal under the grant
program.
(5) Grant criteria and guidelines.--Within 180 days after
the date of enactment of this Act, the Under Secretary shall
promulgate necessary guidelines for implementation of the
grant program, including development of criteria and
priorities for grants. Such priorities may include proposals
that would reduce new sources of marine debris and provide
additional benefits to the public, such as recycling of
marine debris or use of biodegradable materials. In
developing those guidelines, the Under Secretary shall
consult with--
(A) the Interagency Marine Debris Committee;
(B) regional fishery management councils established under
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.);
(C) State, regional, and local governmental entities with
marine debris experience;
(D) marine-dependent industries; and
(E) non-governmental organizations involved in marine
debris research, prevention, or removal activities.
(6) Project review and approval.--The Under Secretary shall
review each marine debris project proposal to determine if it
meets the grant criteria and supports the goals of the Act.
Not later than 120 days after receiving a project proposal
under this section, the Under Secretary shall--
(A) provide for external merit-based peer review of the
proposal;
(B) after considering any written comments and
recommendations based on the review, approve or disapprove
the proposal; and
(C) provide written notification of that approval or
disapproval to the person who submitted the proposal.
(7) Project reporting.--Each grantee under this section
shall provide periodic reports as required by the Under
Secretary. Each report shall include all information required
by the Under Secretary for evaluating the progress and
success in meeting its stated goals, and impact on the marine
debris problem.
SEC. 4. COAST GUARD PROGRAM.
The Commandant of the Coast Guard shall, in cooperation
with the Under Secretary, undertake measures to reduce
violations of MARPOL Annex V and the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.) with respect to the
discard of plastics and other garbage from vessels. The
measures shall include--
(1) the development of a strategy to improve monitoring and
enforcement of current laws, as well as recommendations for
statutory or regulatory changes to improve compliance and for
the development of any appropriate amendments to MARPOL;
(2) regulations to address implementation gaps with respect
to the requirement of MARPOL Annex V and section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) that all
United States ports and terminals maintain receptacles for
disposing of plastics and other garbage, which may include
measures to ensure that a sufficient quantity of such
facilities exist at all such ports and terminals,
requirements for logging the waste received, and for Coast
Guard comparison of vessel and port log books to determine
compliance;
(3) regulations to close record keeping gaps, which may
include requiring fishing vessels under 400 gross tons
entering United States ports to maintain records subject to
Coast Guard inspection on the disposal of plastics and other
garbage, that, at a minimum, include the time, date, type of
garbage, quantity, and location of discharge by latitude and
longitude or, if discharged on land, the name of the port
where such material is offloaded for disposal;
(4) regulations to improve ship-board waste management,
which may include expanding to smaller vessels existing
requirements to maintain ship-board receptacles and maintain
a ship-board waste management plan, taking into account
potential economic impacts and technical feasibility;
(5) the development, through outreach to commercial vessel
operators and recreational boaters, of a voluntary reporting
program, along with the establishment of a central reporting
location, for incidents of damage to vessels caused by marine
debris, as well as observed violations of existing laws and
regulations relating to disposal of plastics and other marine
debris; and
(6) a voluntary program encouraging United States flag
vessels to inform the Coast Guard of any ports in other
countries that lack adequate port reception facilities for
garbage.
SEC. 5. INTERAGENCY COORDINATION.
(a) Interagency Marine Debris Committee Established.--There
is established an Interagency Committee on Marine Debris to
coordinate a comprehensive program of marine debris research
and activities among Federal agencies, in cooperation and
coordination with non-governmental organizations, industry,
universities, and research institutions, State governments,
Indian tribes, and other nations, as appropriate, and to
foster cost-effective mechanisms to identify, determine
sources of, assess, reduce, and prevent marine debris, and
its adverse inpact on the marine environment and navigational
safety, including the joint funding of research and
mitigation and prevention strategies.
(b) Membership.--The Committee shall include a senior
official from--
(1) the National Oceanic and Atmospheric Administration,
who shall serve as the chairperson of the Committee;
(2) the United States Coast Guard;
(3) the Environmental Protection Agency;
(4) the United States Navy;
(5) the Maritime Administration of the Department of
Transportation;
(6) the National Aeronautics and Space Administration;
(7) the U.S. Fish and Wildlife Service;
(8) the Department of State;
(9) the Marine Mammal Commission; and
(10) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Secretary of Commerce determines appropriate.
(c) Meetings.--The Committee shall meet at least twice a
year to provide a public, interagency forum to ensure the
coordination of national and international research,
monitoring, education, and regulatory actions addressing the
persistent marine debris problem.
(d) Definition.--The Committee shall develop and promulgate
through regulation a definition of the term ``marine
debris''.
(e) Reporting.--
(1) Interagency report on marine debris impacts and
strategies.--Not later than 12 months after the date of the
enactment of this Act, the Committee, through the
chairperson, and in cooperation with the coastal States,
Indian tribes, local governments, and non-governmental
organizations, shall complete and submit to the Congress a
report identifying the source of marine debris, examining the
ecological and economic impact of marine debris, alternatives
for reducing, mitigating, preventing, and controlling the
[[Page S11813]]
harmful affects of marine debris, the social and economic
costs and benefits of such alternatives, and recommendations
regarding both domestic and international marine debris
issues.
(2) Contents.--The report submitted under paragraph (1)
shall provide recommendations on--
(A) establishing priority areas for action to address
leading problems relating to marine debris;
(B) developing an effective strategy and approaches to
preventing, reducing, removing, and disposing of marine
debris, including through private-public partnerships;
(C) providing appropriate infrastructure for effective
implementation and enforcement of measures to prevent and
remove marine debris, especially the discard and loss of
fishing gear;
(D) establishing effective and coordinated education and
outreach activities; and
(E) ensuring Federal cooperation with, and assistance to,
the coastal States (as defined in section 304(4) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))),
Indian tribes, and local governments in the identification,
determination of sources, prevention, reduction, management,
mitigation, and control of marine debris and its adverse
impacts.
(3) Annual progress reports.--Not later than 2 years after
the date of the enactment of this Act, and every year
thereafter, the Committee, through the chairperson, shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives a report that evaluates
United States and international progress in meeting the
purposes of this Act. The report shall include--
(A) the status of implementation of the recommendations of
the Committee and analysis of their effectiveness;
(B) a summary of the marine debris inventory to be
maintained by the National Oceanic and Atmospheric
Administration;
(C) a review of the National Oceanic and Atmospheric
Administration program authorized by section 3 of this Act,
including projects funded and accomplishments relating to
reduction and prevention of marine debris;
(D) a review of United States Coast Guard programs and
accomplishments relating to marine debris removal, including
enforcement and compliance with MARPOL requirements; and
(E) estimated Federal and non-Federal funding provided for
marine debris and recommendations for priority funding needs.
(f) Monitoring.--The Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration and in cooperation with the Administrator of
the Environmental Protection Agecny, shall utilize the marine
debris data derived under this Act and title V of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.) to assist--
(1) the Committee in ensuring coordination of research,
monitoring, education, and regulatory actions; and
(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.) in ensuring compliance
under section 2201 of the Marine Plastic Pollution Research
and Control Act of 1987 (33 U.S.C. 1913).
(g) Conforming Amendment.--Section 2203 of the Marine
Plastic Pollution Research and Control Act of 1987 (33 U.S.C.
1914) is repealed.
SEC. 6. INTERNATIONAL COOPERATION.
The Interagency Marine Debris Committee shall develop a
strategy and pursue in the International Maritime
Organization and other appropriate international and regional
forums, international action to reduce the incidence of
marine debris, including--
(1) the inclusion of effective and enforceable marine
debris prevention and removal measures in international and
regional agreements, including fisheries agreements and
maritime agreements;
(2) measures to strengthen and to improve compliance with
MARPOL Annex V;
(3) national reporting and information requirements that
will assist in improving information collection,
identification and monitoring of marine debris;
(4) the establishment of an international database,
consistent with the information clearinghouse established
under section 7, that will provide current information on
location, source, prevention, and removal of marine debris;
(5) the establishment of public-private partnerships and
funding sources for pilot programs that will assist in
implementation and compliance with marine debris requirements
in international agreements and guidelines;
(6) the identification of possible amendments to and
provisions in the International Maritime Organization
Guidelines for the Implementation of Annex V of MARPOL for
potential inclusion in Annex V; and
(7) when appropriate assist the responsible Federal agency
in bilateral negotiations to effectively enforce marine
debris prevention.
SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.
The Under Secretary, in coordination with the Committee,
shall maintain a Federal information clearinghouse on marine
debris that will be available to researchers and other
interested parties to improve source identification, data
sharing, and monitoring efforts through collaborative
research and open sharing of data. The clearinghouse shall
include--
(1) standardized protocols to map locations of commercial
fishing and aquaculture activities using Geographic
Information System techniques;
(2) a world-wide database which describes fishing gear and
equipment, and fishing practices, including information on
gear types and specifications;
(3) guidance on the identification of types of fishing gear
fragments and their sources developed in consultation with
persons of relevant expertise; and
(4) the data on mapping and identification of marine debris
to be developed pursuant to section 3(b)(1) of this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Oceans and Atmosphere of the
Department of Commerce.
(2) Committee.--The term ``Committee'' means the
Interagency Marine Debris Committee established by section 5
of this Act.
(3) United states exclusive economic zone.--The term
``United States exclusive economic zone'' means the zone
established by Presidential Proclamation Numbered 5030, dated
March 10, 1983, including the ocean waters of the areas
referred to as ``eastern special areas'' in Article 3(1) of
the Agreement between the United States of America and the
Union of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990.
(4) MARPOL; annex v; convention.--The terms ``MARPOL'',
``Annex 5'', and ``Convention'' have the meaning given those
terms in paragraphs (3) and (4) of section 2(a) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1901(a)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal
year 2005 through 2009
(1) to the Secretary of Commerce for the purpose of
carrying out sections 3 and 7 of this Act, $10,000,000, of
which no more than 10 percent may be for administrative
costs; and
(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the
Coast Guard in carrying out sections 4 and 6 of this Act,
$5,000,000, of which no more than 10 percent may be used for
administrative costs.
Amend the title so as to read: ``A Bill To establish a
program within the National Oceanic and Atmospheric
Administration and the United States Coast Guard to help
identify, determine sources of, assess, reduce, and prevent
marine debris and its adverse impacts on the marine
environment and navigation safety, in coordination with non-
Federal entities, and for other purposes.
______
SA 4079. Mr. FRIST proposed an amendment to the concurrent resolution
H. Con. Res. 529, Official Title Not Available; as follows:
On page 1, line 2, strike from ``that'' through the end of
page 2, line 9 and insert in lieu thereof the following:
``When the House adjourns on Wednesday, November 24, 2004,
on a motion offered pursuant to this concurrent resolution by
its Majority Leader or his designee, it stand adjourned until
2 p.m. on Monday, December 6, 2004, or until the time of any
reassembly pursuant to section 2 of this concurrent
resolution, whichever occurs first; and when the Senate
recesses or adjourns from Saturday, November 20, 2004,
through Wednesday, November 24, 2004, on a motion offered
pursuant to this concurrent resolution by its Majority Leader
or his designee, it stand recessed or adjourned until noon on
Monday, December 6, 2004, or Tuesday, December 7, 2004, or
until such other time as may be specified by the Majority
Leader or his designee in the motion to recess or adjourn, or
until the time of reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.''
____________________