[Congressional Record Volume 148, Number 67 (Wednesday, May 22, 2002)]
[Senate]
[Pages S4721-S4725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Dorgan):
  S. 2550. A bill to amend the Professional Boxing Safety Act of 1966, 
and to establish the United States Boxing Administration; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCain. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2550

       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

[[Page S4722]]

     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--'';

[[Page S4723]]

       (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 insert ``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.

       ``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

[[Page S4724]]

     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

[[Page S4725]]

     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--
       ``(A) the date on which the license expires; or
       ``(B) 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.
                                 ______