[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2550 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2550

 To amend the Professional Boxing Safety Act of 1996, and to establish 
                the United States Boxing Administration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2002

Mr. McCain (for himself and Mr. Dorgan) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Professional Boxing Safety Act of 1996, and to establish 
                the United States Boxing Administration.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Professional 
Boxing Amendments Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--PROFESSIONAL BOXING SAFETY ACT AMENDMENTS

Sec. 101. Amendment of professional boxing safety act of 1996.
Sec. 102. Definitions.
Sec. 103. Purposes.
Sec. 104. Matches in jurisdictions without commissions.
Sec. 105. Safety standards.
Sec. 106. Registration.
Sec. 107. Review.
Sec. 108. Reporting.
Sec. 109. Contract requirements.
Sec. 110. Coercive contracts.
Sec. 111. Sanctioning organizations.
Sec. 112. Required disclosures by sanctioning organizations.
Sec. 113. Required disclosures by promoters.
Sec. 114. Confidentiality.
Sec. 115. Judges and referees.
Sec. 116. Medical registry.
Sec. 117. Recognition of tribal law.
Sec. 118. Establishment of United States Boxing Administration.
Sec. 119. Effective date.

           TITLE I--PROFESSIONAL BOXING SAFETY ACT AMENDMENTS

SEC. 101. 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. 102. DEFINITIONS.

    (a) In General.--Section 2 (15 U.S.C. 6301) is amended to read as 
follows:

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Bout agreement.--The term `bout agreement' means a 
        contract between a promoter and a boxer which requires the 
        boxer to participate in a professional boxing match with a 
        designated opponent on a particular date.
            ``(2) Boxer.--The term `boxer' means an individual who 
        fights in a professional boxing match.
            ``(3) Boxing commission.--The term `boxing commission' 
        means an entity authorized under State or tribal law to 
        regulate professional boxing matches.
            ``(4) Boxer registry.--The term `boxer registry' means any 
        entity certified by the Association of Boxing Commissions for 
        the purposes of maintaining records and identification of 
        boxers.
            ``(5) Boxing service provider.--The term `boxing service 
        provider' means a promoter, manager, sanctioning body, 
        licensee, or matchmaker.
            ``(6) Contract provision.--The term `contract provision' 
        means any legal obligation between a boxer and a boxing service 
        provider.
            ``(7) 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).
            ``(8) Licensee.--The term `licensee' means an individual 
        who serves as a trainer, second, or cut man for a boxer.
            ``(9) Local boxing authority.--The term `local boxing 
        authority' means--
                    ``(A) any agency of a State, or of a political 
                subdivision of a State, that has authority under the 
                laws of the State to regulate professional boxing; and
                    ``(B) any agency of an Indian tribe that is 
                authorized by the Indian tribe or the governing body of 
                the Indian tribe to regulate professional boxing on 
                Indian lands.
            ``(10) Manager.--The term `manager' means a person 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 the 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.
            ``(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' term does not include a boxing 
        contest that is regulated by a duly recognized amateur sports 
        organization, as approved by the Administration.
            ``(14) Promoter.--The term `promoter' means the person 
        primarily responsible for organizing, promoting, and producing 
        a professional boxing match. The term `promoter' does not 
        include a hotel, casino, resort, or other commercial 
        establishment hosting or sponsoring a professional boxing match 
        unless--
                    ``(A) the hotel, casino, resort, or other 
                commercial establishment is primarily responsible for 
                organizing, promoting, and producing the match; and
                    ``(B) there is no other person primarily 
                responsible for organizing, promoting, and producing 
                the match.
            ``(15) Promotional agreement.--The term `promotional 
        agreement' means a contract between a promoter and a boxer 
        under which the boxer grants to a promoter the exclusive right 
        to secure and arrange all professional boxing matches requiring 
        the boxer's services for--
                    ``(A) a prescribed period of time; or
                    ``(B) a prescribed number of professional boxing 
                matches.
            ``(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) Effective date of the contract.--The term `effective 
        date of the contract' means the day upon which a boxer becomes 
        legally bound by the contract.
            ``(18) 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.
            ``(19) Suspension.--The term `suspension' includes within 
        its meaning the revocation of a boxing license.
            ``(20) 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)).
            ``(21) United States Boxing Administration.--The terms 
        `United States Boxing Administration' and `Administration' 
        means the United States Boxing Administration established by 
        section 202.''.
    (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, an 
Indian tribe shall establish a boxing commission--
            ``(1) to regulate professional boxing matches held within 
        the reservation under the jurisdiction of that tribal 
        organization; and
            ``(2) to carry out that regulation or enter into a contract 
        with a boxing commission to carry out that regulation.
    ``(b) Standards and Licensing.--If a tribal organization regulates 
professional boxing matches pursuant to subsection (a), the tribal 
organization 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 standards and requirements 
        of a State in which the Indian lands are located; or
            ``(2) the most recently published version of the 
        recommended regulatory guidelines published by the United 
        States Boxing Administration.''.

SEC. 103. PURPOSES.

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

SEC. 104. MATCHES IN JURISDICTIONS WITHOUT COMMISSIONS.

    (a) In General.--Section 4 (15 U.S.C. 6303) is amended to read as 
follows:

``SEC. 4. BOXING MATCHES IN JURISDICTIONS WITHOUT BOXING COMMISSIONS.

    ``(a) In General.--No person may arrange, promote, organize, 
produce, or fight in a professional boxing match in a State or on 
Indian land unless the match--
            ``(1) is approved by the United States Boxing 
        Administration; and
            ``(2) is supervised by a boxing commission that is a member 
        of the Association of Boxing Commissions.
    ``(b) Approval Presumed.--For purposes of subsection (a), the 
Administration shall be presumed to have approved any match other 
than--
            ``(1) a match with respect to which the Administration has 
        notified the supervising boxing commission that it does not 
        approve;
            ``(2) a match advertised to the public as a championship 
        match; or
            ``(3) a match scheduled for 10 rounds or more.
    ``(c) Notification; Assurances.--Each promoter who intends to hold 
a professional boxing match in a State that does not have a boxing 
commission shall, not later than 14 days before the intended date of 
that match, provide in writing to the Administration and the 
supervising boxing commission, assurances that all applicable 
requirements of this Act will be met with respect to that professional 
boxing match.''.
    (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is repealed.

SEC. 105. 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 Administration.'';
            (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 
        Administration.''.

SEC. 106. 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 United States Boxing 
        Administration, 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 To Be Sent to USBA.--A boxing commission 
shall furnish a copy of each registration received under subsection (a) 
to the United States Boxing Administration.''.

SEC. 107. REVIEW.

    Section 7 (15 U.S.C. 6306) is amended--
            (1) 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.'';
            (2) by striking subsection (b); and
            (3) by striking ``(a) Procedures.--''.

SEC. 108. REPORTING.

    Section 8 (15 U.S.C. 6307) is amended--
            (1) by striking ``48 business hours'' and inserting ``2 
        business days''; and
            (2) by striking ``each boxer registry.'' and inserting 
        ``the United States Boxing Administration.''.

SEC. 109. CONTRACT REQUIREMENTS.

    Section 9 (15 U.S.C. 6307a) is amended to read as follows:

``SEC. 9. CONTRACT REQUIREMENTS.

    ``(a) In General.--The United States Boxing Administration, in 
consultation with the Association of Boxing Commissions, shall develop 
guidelines for minimum contractual provisions that should be included 
in bout agreements and boxer-manager contracts. Each boxing commission 
shall ensure that these minimal contractual provisions are present in 
any such agreement or contract submitted to it.
    ``(b) Filing Requirement.--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.
    ``(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 and the Administration.''.

SEC. 110. 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 
        subsection (b).

SEC. 111. SANCTIONING ORGANIZATIONS.

    (a) In General.--Section 11 (15 U.S.C. 6307c) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Objective Criteria.--Within 1 year after the date of 
enactment of the Professional Boxing Amendments Act of 2002, the United 
States Boxing Administration, in consultation with the Association of 
Boxing Commissions, shall develop guidelines for objective and 
consistent written criteria for the rating of professional boxers which 
shall include the athletic merits of the boxers. Within 90 days after 
the Administration's promulgation of the guidelines, each sanctioning 
organization shall adopt the guidelines and follow them.'';
            (2) by striking so much of subsection (b) as precedes 
        paragraph (1) and inserting the following:
    ``(b) Appeals Process.--If a sanctioning organization receives a 
request from a boxer questioning that organization's rating of the 
boxer, it shall (except to the extent otherwise required by the United 
States Boxing Administration), within 7 days after receiving the 
request--'';
            (3) by inserting ``rating'' before ``criteria'' in 
        subsection (b)(1);
            (4) by striking ``and'' after the semicolon in subsection 
        (c)(1);
            (5) by striking ``an association to which at least a 
        majority of the State boxing commissions belong.'' in 
        subsection (c)(2) and inserting ``the boxer and the 
        Administration.;'';
            (6) by adding at the end of subsection (c) the following:
            ``(3) provides the boxer an opportunity to appeal the 
        ratings change; and
            ``(4) applies the objective criteria for ratings required 
        under subsection (a) in considering any such appeal.''; and
            (7) by striking ``rating;'' in subsection (d)(1)(C) and 
        inserting ``rating, which incorporates the objective criteria 
        for ratings required under subsection (a);''.
    (b) Technical Amendment.--Section 11(d)(1) (15 U.S.C. 6307c(d)(1)) 
is amended by striking ``ABC--'' and inserting ``Association of Boxing 
Commissions--''.

SEC. 112. 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 for that match 
        shall provide to the boxing commission in the State or on the 
        Indian lands responsible for regulating the match a 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. 113. REQUIRED DISCLOSURES BY PROMOTERS.

    Section 13 (15 U.S.C. 6307e) is amended--
            (1) by striking the matter in subsection (a) preceding 
        paragraph (1) and inserting the following:
    ``(a) Disclosures to the Boxing Commissions.--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 boxing 
commission in the State responsible for regulating the match and the 
Administration--'';
            (2) by striking ``writing,'' in subsection (a)(1) and 
        inserting ``writing, other than a bout agreement previously 
        provided to the commission,'';
            (3) by striking ``all fees, charges, and expenses that will 
        be'' in subsection (a)(3)(A) and inserting ``a statement of all 
        fees, charges, and expenses that have been, or will be,'';
            (4) 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 any boxer participating in that match with whom 
        the promoter has a promotional agreement shall provide to each 
        boxer participating in the match--''; and
            (5) by striking ``match;'' in subsection (b)(1) and 
        inserting ``match, or that the promoter has paid, or agreed to 
        pay, to any other person in connection with the match;''.

SEC. 114. CONFIDENTIALITY.

    Section 15 (15 U.S.C. 6307g) is repealed.

SEC. 115. 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 inserting ``or Indian lands'' after ``State''; and
            (3) 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 United States 
Boxing Administration.
    ``(c) Sanctioning Organization To Provide List.--A sanctioning 
organization--
            ``(1) shall provide a list of judges and referees deemed 
        qualified by that organization to a boxing commission; but
            ``(2) may not influence, or attempt to influence, a boxing 
        commission's selection of a judge or referee for a professional 
        boxing match except by providing such a list.
    ``(d) Assignment of Nonresident Judges and Referees.--A boxing 
commission may assign judges and referees who reside outside that 
commission's State or tribal land if the judge or referee is licensed 
by a boxing commission.
    ``(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 lands 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 Administration.''.
    (b) Conforming Amendments.--
            (1) Section 14 (15 U.S.C. 6307f) is repealed.
            (2) Section 18(b)(2) (15 U.S.C. 6309(b)(2)) is amended by 
        striking ``14,''.

SEC. 116. 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 Administration, in consultation with the 
Association of Boxing Commissions, shall establish and maintain, or 
certify a third party entity to establish and maintain, a medical 
registry that contains comprehensive medical records and medical 
suspensions for every licensed boxer.
    ``(b) Content; Submission.--The Administration 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 Administration shall establish 
confidentiality standards for the disclosure of personally identifiable 
information to sanctioning organizations that will--
            ``(1) protect the health and safety of boxers by making 
        relevant information available to the organizations for use but 
        not public disclosure; and
            ``(2) ensure that the privacy of the boxers is 
        protected.''.

SEC. 117. RECOGNITION OF TRIBAL LAW.

    Section 22 (15 U.S.C. 6313) is amended--
            (1) by inserting ``OR TRIBAL'' in the section heading after 
        ``STATE''; and
            (2) by inserting ``or Indian tribe'' after ``State''.

SEC. 118. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.

    The Act is amended by adding at the end the following:

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

``Sec. 201. Purpose.
``Sec. 202. Establishment of United States Boxing Administration.
``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 local boxing authorities.
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.

``SEC. 201. PURPOSE.

    ``The purpose of this title is to protect the health and safety of 
boxers and to ensure fairness in the sport.

``SEC. 202. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.

    ``(a) The United States Boxing Administration is established as an 
administration of the Department of Labor.
    ``(b) Administrator.--
            ``(1) Appointment.--The Administration shall be headed by 
        an Administrator, appointed by the President, by and with the 
        advice and consent of the Senate.
            ``(2) Qualifications.--The Administrator shall be--
                    ``(A) an individual with experience in a field 
                directly related to professional sports; and
                    ``(B) selected on the basis of the individual's 
                training, experience, and qualifications and without 
                regard to party affiliation.
            ``(3) Compensation.--Section 5315 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``The Administrator of the United States Boxing 
        Administration.''.
    ``(c) Assistant Administrator; General Counsel.--The Administration 
shall have an Assistant Administrator and a General Counsel, who shall 
be appointed by the Administrator. The Assistant Administrator shall--
            ``(1) serve as Administrator in the absence of the 
        Administrator or in the event of a vacancy in that office; and
            ``(2) carry out such duties as the Administrator may 
        assign.
    ``(d) Staff.--The Administration shall have such additional staff 
as may be necessary to carry out the functions of the Administration.

``SEC. 203. FUNCTIONS.

    ``(a) Primary Function.--The primary function of the Administration 
is to protect the health, safety, and general interests of boxers 
consistent with the provisions of this Act.
    ``(b) Specific Functions.--The Administrator shall--
            ``(1) administer title I of this Act;
            ``(2) except as otherwise determined by the Administration, 
        oversee all professional boxing matches in the United States;
            ``(3) work with sanctioning organizations, the Association 
        of Boxing Commissions, and 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;
            ``(4) ensure, through the Attorney General, the Federal 
        Trade Commission, and other appropriate officers and agencies 
        of the Federal government, that Federal and State laws 
        applicable to professional boxing matches in the United States 
        are vigorously, effectively, and fairly enforced;
            ``(5) review local boxing authority regulations for 
        professional boxing and provide assistance to such authorities 
        in meeting minimum standards prescribed by the Administration 
        under this title;
            ``(6) 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;
            ``(7) if the Administrator determines it to be appropriate, 
        publish a newspaper, magazine, or other publication consistent 
        with the purposes of the Administration;
            ``(8) 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 
        Administration determines to be reasonable; and
            ``(9) take any other action that is necessary and proper to 
        accomplish the purpose of this title consistent with the 
        provisions of this title.
    ``(c) Prohibitions.--The Administration 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 Administration by, States and Indian tribes 
        that do not comply with requirements of the Administration.
    ``(d) Use of Name.--The Administration shall have the exclusive 
right to use the name `United States Boxing Administration'. Any person 
who, without the permission of the Administration, uses that name or 
any other exclusive name, trademark, emblem, symbol, or insignia of the 
Administration for the purpose of inducing the sale 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 Administration 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, serve as a boxing manager, boxing 
        promoter, sanctioning organization, or broadcast 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 Administration shall--
                            ``(i) establish an application procedure, 
                        form, and fee;
                            ``(ii) establish appropriate standards for 
                        licenses granted under this section; and
                            ``(iii) issue a license to any person who, 
                        as determined by the Administration, meets the 
                        standards established by the Administration 
                        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 Administration may issue a 
                license under this paragraph through local boxing 
                authorities or in a manner determined by the 
                Administration.
    ``(b) Licensing Fees.--
            ``(1) Authority.--The Administration may prescribe and 
        charge fees for the licensing of persons under this title. The 
        Administration may set, charge, and adjust varying fees on the 
        basis of classifications of persons, functions, and events 
        determined appropriate by the Administration.
            ``(2) Amounts.--The amounts of fees prescribed for a fiscal 
        year under this subsection shall be set at levels estimated, 
when set, to yield collections in any total amount that is not more 
than 10 percent of the total budget of the Administration for that 
fiscal year.
            ``(3) Limitations.--In setting and charging fees under 
        paragraph (1), the Administration shall ensure that, to the 
        maximum extent practicable--
                    ``(A) club boxing is not adversely effected;
                    ``(B) sanctioning organizations and promoters pay 
                the largest portion of the fees; and
                    ``(C) boxers pay as small a portion of the fees as 
                is possible.
            ``(4) Collection.--Fees established under this subsection 
        may be collected through local boxing authorities or by any 
        other means determined appropriate by the Administration. Fees 
        paid by boxing promoters may be derived from gross receipts 
        from professional boxing matches.
            ``(5) Deposit of collections.--Moneys received from fees 
        established under this section shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Administration.

``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

    ``(a) Requirement for Registry.--The Administration shall 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 14 of this Act, 
        which the Administration shall secure from disclosure in 
        accordance with the confidentiality requirements of section 
        14(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 Administration as performing a professional activity for 
        professional boxing matches.

``SEC. 206. CONSULTATION REQUIREMENTS.

    ``The Administration shall consult with local boxing authorities--
            ``(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 Administration may, after notice and 
        opportunity for a hearing, suspend or revoke any license issued 
        under this title if the Administration finds that--
                    ``(A) the suspension or revocation is necessary for 
                the protection of health and safety or is otherwise in 
                the public interest; or
                    ``(B) there are reasonable grounds for belief that 
                a standard prescribed by the Administration 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.
            ``(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 Administration except as provided in 
                subparagraph (B).
                    ``(B) Suspension for medical reasons.--In the case 
                of a suspension of the license of a boxer for medical 
                reasons, the Administration may terminate the 
                suspension at any time that a physician certifies that 
                the boxer is fit to participate in a professional 
                boxing match. The Administration shall prescribe the 
                standards and procedures for accepting certifications 
                under this subparagraph.
    ``(b) Investigations and Injunctions.--
            ``(1) Authority.--The Administration 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 title or 
                any regulation prescribed under this title;
                    ``(B) require or permit any person to file with it 
                a statement in writing, under oath or otherwise as the 
                Administration 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 title, in the prescribing of regulations under 
                this title, or in securing information to serve as a 
                basis for recommending legislation concerning the 
                matters to which this title relates.
            ``(2) Powers.--
                    ``(A) In general.--For the purpose of any 
                investigation under paragraph (1), or any other 
                proceeding under this title, any officer designated by 
                the Administration may administer oaths and 
                affirmations, subpoena or otherwise compel the 
                attendance of witnesses, take evidence, and require the 
                production of any books, papers, correspondence, 
                memorandums, or other records which the Administration 
                considers relevant or material to the inquiry.
                    ``(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 or any State 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 
                Administration may file an action in any 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 
                Administration 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 Administration, in obedience to 
                the subpoena of the Administration, or in any cause or 
                proceeding instituted by the Administration, 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 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 Administration determines 
        that any person is engaged or about to engage in any act or 
        practice that constitutes a violation of any provision of this 
        title, or of any regulation prescribed under this title, the 
        Administration 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 Administration, 
        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 title or any order of the 
        Administration.
    ``(d) Intervention in Civil Actions.--
            ``(1) In general.--The Administration, 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 United States 
        district court.
            ``(2) Amicus filing.--The Administration 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.
    ``(e) Hearings by Administration.--Hearings conducted by the 
Administration under this title may be public and may be held before 
any officer of the Administration or before a State boxing commission. 
The Administration shall keep appropriate records of the hearings.

``SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.

    ``(a) Noninterference.--Nothing in this title prohibits any local 
boxing authority 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 title.
    ``(b) Minimum Standards.--Nothing in this title prohibits any local 
boxing authority from enforcing local standards or requirements that 
exceed the minimum standards or requirements promulgated by the 
Administration under this title.

``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 Administration, upon the request of the 
Administration, 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 Administration 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 the following:
            ``(1) A detailed discussion of the activities of the 
        Administration for the year covered by the report.
            ``(2) A description of the local boxing authority of each 
        State and Indian tribe.
    ``(b) Public Report.--The Administration shall annually issue and 
publicize a report of the Administration on the progress made at 
Federal and State levels and on Indian lands in the reform of 
professional boxing and commenting on issues of continuing concern to 
the Administration.
    ``(c) First Annual Report on the Administration.--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 State or Indian tribe 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 State or Indian tribe expires on the earlier 
of--
            ``(1) the date on which the license expires; or
            ``(2) the date that is 2 years after the date of the 
        enactment of this Act.

``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated for the 
Administration for each fiscal year such sums as may be necessary for 
the Administration 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.''.

SEC. 119. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act shall take effect 
one year after the date of the enactment of this Act, except that the 
provisions of sections 202, 203, and 204 of title II of the 
Professional Boxing Safety Act of 1996, as added by section 118 of this 
Act, shall take effect on the date of enactment of this Act.
                                 <all>