[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 275 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 275

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2003

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 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

        Sec. 1. Short title; table of contents.
        Sec. 2. Amendment of Professional Boxing Safety Act of 1996.
        Sec. 3. Definitions.
        Sec. 4. Purposes.
        Sec. 5. USBA approval, or ABC or commission sanction, required 
                            for matches.
        Sec. 6. Safety standards.
        Sec. 7. Registration.
        Sec. 8. Review.
        Sec. 9. Reporting.
        Sec. 10. Contract requirements.
        Sec. 11. Coercive contracts.
        Sec. 12. Sanctioning organizations.
        Sec. 13. Required disclosures by sanctioning organizations.
        Sec. 14. Required disclosures by promoters.
        Sec. 15. Judges and referees.
        Sec. 16. Medical registry.
        Sec. 17. Conflicts of interest.
        Sec. 18. Enforcement.
        Sec. 19. Repeal of deadwood.
        Sec. 20. Recognition of tribal law.
        Sec. 21. Establishment of United States Boxing Administration.
        Sec. 22. Effective date.

SEC. 2. 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. 3. DEFINITIONS.

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

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Administration.--The term `Administration' means the 
        United States Boxing Administration.
            ``(2) 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.
            ``(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 Association of Boxing Commissions 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, second, or cut man for a boxer.
            ``(10) 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.
            ``(11) 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.
            ``(12) Matchmaker.--The term `matchmaker' means a person 
        that proposes, selects, and arranges the boxers to participate 
        in a professional boxing match.
            ``(13) 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.
            ``(14) 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 Administration.
            ``(15) Promoter.--
                    ``(A) In general.--The term `promoter' means the 
                person responsible for organizing, promoting, and 
                producing a professional boxing match.
                    ``(B) Non-application to certain entities.--The 
                term `promoter' does not include a premium or other 
                cable or satellite program service, hotel, casino, 
                resort, or other commercial establishment hosting or 
                sponsoring a professional boxing match unless it--
                            ``(i) is responsible for organizing, 
                        promoting, and producing the match; and
                            ``(ii) has a promotional agreement with a 
                        boxer in that match.
                    ``(C) Entities engaging in promotional activities 
                through an affiliate.--Notwithstanding subparagraph 
                (B), an entity described in that subparagraph shall be 
                considered to be a promoter if the person responsible 
                for organizing, promoting, and producing a professional 
                boxing match--
                            ``(i) is directly or indirectly under the 
                        control of, under common control with, or 
                        acting at the direction of that entity; and
                            ``(ii) organizes, promotes, and produces 
                        the match at the direction or request of the 
                        entity.
            ``(16) Promotional agreement.--The term `promotional 
        agreement' means a contract between any person and a boxer 
        under which the boxer grants to that person the 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.
            ``(17) 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.
            ``(18) 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.
            ``(19) 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.
            ``(20) Suspension.--The term `suspension' includes within 
        its meaning the revocation of a boxing license.
            ``(21) 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) Contract With a Boxing Commission.--A tribal organization 
that does not establish a boxing commission shall execute a contract 
with the Association of Boxing Commissions, or a boxing commission that 
is a member of the Association of Boxing Commissions, to regulate any 
professional boxing match held on Indian land under the jurisdiction of 
that tribal organization. If the match is regulated by the Association 
of Boxing Commissions, the match shall be regulated in accordance with 
the guidelines established by the United States Boxing Administration. 
If the match is regulated by a boxing commission from a State other 
than the State within the borders of which the Indian land is located, 
the match shall be regulated in accordance with the applicable 
requirements of the State where the match is held.
    ``(c) 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 Administration.''.

SEC. 4. PURPOSES.

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

SEC. 5. USBA 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 Administration; and
            ``(2) is supervised by the Association of Boxing 
        Commissions or 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 
        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;
            ``(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 assurances in writing to the Administration and the 
supervising boxing commission 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. 6. 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 
        the Administration.''.

SEC. 7. 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 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 Administration.--A boxing 
commission shall furnish a copy of each registration received under 
subsection (a) to the Administration.''.

SEC. 8. 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. 9. 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 Administration.''.

SEC. 10. CONTRACT REQUIREMENTS.

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

``SEC. 9. CONTRACT REQUIREMENTS.

    ``(a) In General.--The Administration, 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) Administration.--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 
        Administration, 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. 11. 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. 12. 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 2003, the 
Administration shall develop guidelines for objective and consistent 
written criteria for the rating of professional boxers based on 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.
    ``(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 Administration;
            ``(3) provide the boxer an opportunity to appeal the 
        ratings change; and
            ``(4) apply the objective criteria for ratings required 
        under subsection (a) in considering any such appeal.
    ``(c) Challenge of Rating.--If a sanctioning organization receives 
an inquiry from a boxer challenging that organization's rating of the 
boxer, it shall (except to the extent otherwise required by the 
Administration), within 7 days after receiving the request--
            ``(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 Administration.''.

SEC. 13. 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 
        Indian land responsible for regulating the match, and to the 
        Administration, 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. 14. 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 Boxing Commissions and Administration.--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 or on Indian land responsible for 
regulating the match, and to 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 inserting ``a statement of'' before ``all'' in 
        subsection (a)(3)(B);
            (5) by inserting ``a statement of'' before ``any'' in 
        subsection (a)(3)(C);
            (6) 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 that match shall provide to each boxer 
        participating in the match a statement of--''; and
            (7) 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;''.

SEC. 15. 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 Administration.
    ``(c) Sanctioning Organization Not To Influence Selection 
Process.--A sanctioning organization--
            ``(1) may provide a list of judges and referees deemed 
        qualified by that organization to a boxing commission; but
            ``(2) shall 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 Indian land if the judge or referee is licensed 
by a boxing commission in the United States.
    ``(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 Administration.''.
    (b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
repealed.

SEC. 16. 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 
denials or 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 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. 17. CONFLICTS OF INTEREST.

    Section 17(a) is amended by inserting ``no officer or employee of 
the Administration,'' after ``laws,''.

SEC. 18. ENFORCEMENT.

    Section 18 (15 U.S.C. 6309) is amended--
            (1) by striking ``(a) Injunction.--'' in subsection (a) and 
        inserting ``(a) Actions by Attorney General.--'';
            (2) by inserting ``or criminal'' after ``civil'' in 
        subsection (a);
            (3) by inserting ``any officer or employee of the 
        Administration,'' after ``laws,'' in subsection (b)(3);
            (4) by inserting ``has engaged in or'' after 
        ``organization'' in subsection (c);
            (5) by inserting ``or criminal'' after ``civil'' in 
        subsection (c);
            (6) by striking ``fines'' in subsection (c)(3) and 
        inserting ``sanctions''; and
            (7) by striking ``boxer'' in subsection (d) and inserting 
        ``person''.

SEC. 19. REPEAL OF DEADWOOD.

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

SEC. 20. 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. 21. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.

    (a) In General.--The Act is amended by adding at the end the 
following:

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

``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. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.

    ``(a) In General.--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 an 
        individual who--
                    ``(A) has extensive experience in professional 
                boxing activities or in a field directly related to 
                professional sports;
                    ``(B) is of outstanding character and recognized 
                integrity; and
                    ``(C) is selected on the basis of 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.''.
            ``(4) Term of office.--The Administrator shall serve for a 
        term of 4 years.
    ``(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, in the event of the inability of the 
        Administrator to carry out the functions 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 Functions.--The primary function of the 
Administration 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 Administrator shall--
            ``(1) administer title I of this Act;
            ``(2) promulgate uniform standards for professional boxing 
        in consultation with the boxing commissions of the several 
        States and tribal organizations;
            ``(3) except as otherwise determined by the Administration, 
        oversee all professional boxing matches in the United States;
            ``(4) work with 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;
            ``(5) ensure, through the Attorney General, 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 local boxing authority regulations for 
        professional boxing and provide assistance to such authorities 
        in meeting minimum standards prescribed by the Administration 
        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 Administrator determines it to be appropriate, 
        publish a newspaper, magazine, or other publication and 
        establish and maintain a website 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, boxing commissions 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 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 Administration 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 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 reasonable 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) 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.
            ``(3) Collection.--Fees established under this subsection 
        may be collected through local boxing authorities or by any 
        other means determined appropriate by the Administration.

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

    ``(a) Requirement for Registry.--The Administration, in 
consultation with the Association of Boxing Commissions, 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 Administration 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 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;
                    ``(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; or
                    ``(C) the licensee has violated any provision of 
                this Act.
            ``(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 or denial of the license of a boxer for 
                medical reasons by the Administration, the 
                Administration 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 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, including Indian land, at any designated 
                place of hearing.
            ``(3) Enforcement of subpoenas.--
                    ``(A) Civil action.--In case of contumacy by, or 
                refusal to obey a subpoena issued to, any person, the 
                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 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 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.
    ``(c) 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.
    ``(d) Hearings by Administration.--Hearings conducted by the 
Administration under this title shall be public and may be held before 
any officer of the Administration or before a boxing commission that is 
a member of the Association of Boxing Commissions. 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, which shall include comments 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 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 2003.

``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.''.
    (b) Conforming Amendments.--
            (1) PBSA.--The Professional Boxing Safety Act or 1966, as 
        amended by this Act, is further amended--
                    (A) by amending section 1 to read as follows:

``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:

        ``Sec. 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 for promoters.
        ``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 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.'';
                    (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 ``section 13'' each place it 
                appears in section 113, as redesignated, and inserting 
                ``section 111'';
                    (E) by striking ``section 4.'' in section 117(a), 
                as redesignated, and inserting ``section 102.'';
                    (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 Administrator.--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.''.

SEC. 22. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act 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 or 1996, as added by 
section 21(a) of this Act, shall take effect 1 year after the date of 
enactment of this Act.
                                 <all>