[Congressional Record Volume 150, Number 43 (Wednesday, March 31, 2004)]
[Senate]
[Pages S3499-S3510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROFESSIONAL BOXING AMENDMENTS ACT OF 2003
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of calendar No. 98, S. 275.
The PRESIDING OFFICER. The clerk will report the bill by title.
[[Page S3500]]
The assistant legislative clerk read as follows:
A bill (S. 275) to amend the Professional Boxing Safety Act
of 1996, and to establish a United States Boxing
Administration.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
[Strike the part shown in black brackets and insert the part shown in
italic.]
S. 275
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.--The term `promoter' means the person
responsible for organizing, promoting, and producing a
professional boxing match. 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--
[``(A) the premium or other cable or satellite program
service, hotel, casino, resort, or other commercial
establishment has a promotional agreement with a boxer in the
match; or
[``(B) there is another person responsible for organizing,
promoting, and producing the match who is affiliated with the
premium or other cable or satellite program service, hotel,
casino, resort, or other commercial establishment.
[``(16) Promotional agreement.--The term `promotional
agreement' means a contract between a 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
[[Page S3501]]
[``(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 or selected by a
boxing commission.
[[Page S3502]]
[``(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 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;
[``(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.
[[Page S3503]]
[``(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
[[Page S3504]]
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:
[``Section 1. Short title; table of contents.
[``Sec. 2. Definitions.
[``TITLE I--PROFESSIONAL BOXING SAFETY
[``Sec. 101. Purposes.
[``Sec. 102. Approval or sanction requirement.
[``Sec. 103. Safety standards.
[``Sec. 104. Registration.
[``Sec. 105. Review.
[``Sec. 106. Reporting.
[``Sec. 107. Contract requirements.
[``Sec. 108. Protection from coercive contracts.
[``Sec. 109. Sanctioning organizations.
[``Sec. 110. Required disclosures to state boxing commissions by
sanctioning organizations.
[``Sec. 111. Required disclosures 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.]
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 that 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 Administration 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.
[[Page S3505]]
``(12) Matchmaker.--The term `matchmaker' means a person
that proposes, selects, and arranges for 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 a 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) 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 temporary 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)).''.
(b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is
amended to read as follows:
``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN
LANDS.
``(a) In General.--Notwithstanding any other provision of
law, a tribal organization may establish a boxing commission
to regulate professional boxing matches held on Indian land
under the jurisdiction of that tribal organization.
``(b) Standards and Licensing.--A tribal organization that
establishes a boxing commission shall, by tribal ordinance or
resolution, establish and provide for the implementation of
health and safety standards, licensing requirements, and
other requirements relating to the conduct of professional
boxing matches that are at least as restrictive as--
``(1) the otherwise applicable requirements of the State in
which the Indian land on which the professional boxing match
is held is located; or
``(2) the guidelines established by the United States
Boxing Administration.
``(c) Application of Act to Boxing Matches on Tribal
Lands.--The provisions of this Act apply to professional
boxing matches held on tribal lands to the same extent and in
the same way as they apply to professional boxing matches
held in any State.''.
SEC. 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 in
good standing 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. ''.
(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 and Identification Cards To Be
Sent to Administration.--A boxing commission shall furnish a
copy of each registration received under subsection (a), and
each identification card issued under subsection (b), to the
Administration.''.
SEC. 8. REVIEW.
Section 7 (15 U.S.C. 6306) is amended--
(1) by striking ``that, except as provided in subsection
(b), no'' in subsection (a)(2) and inserting ``that no'';
(2) by striking paragraphs (3) and (4) of subsection (a)
and inserting the following:
``(3) Procedures to review a summary suspension when a
hearing before the boxing commission is requested by a boxer,
licensee, manager, matchmaker, promoter, or other boxing
service provider which provides an opportunity for that
person to present evidence.'';
(3) by striking subsection (b); and
(4) by striking ``(a) Procedures.--''.
SEC. 9. REPORTING.
Section 8 (15 U.S.C. 6307) is amended--
(1) by striking ``48 business hours'' and inserting ``2
business days'';
(2) by striking ``bxoing'' and inserting ``boxing''; and
(3) by striking ``each boxer registry.'' and inserting
``the 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
the heading of subsection (b); and
(3) 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
[[Page S3506]]
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 to the sanctioning organization; and
``(4) apply the objective criteria for ratings required
under subsection (a) in considering any such appeal.
``(c) Challenge of Rating.--If, after disposing with an
appeal under subsection (b)(3), a sanctioning organization
receives a petition from a boxer challenging that
organization's rating of the boxer, it shall (except to the
extent otherwise required by the Administration), within 7
days after receiving the petition--
``(1) provide to the boxer a written explanation under
penalty of perjury of the organization's rating criteria, its
rating of the boxer, and the rationale or basis for its
rating (including a response to any specific questions
submitted by the boxer); and
``(2) submit a copy of its explanation to the Association
of Boxing Commissions and the Administration.''.
(b) Conforming Amendments.--Section 18(e) (15 U.S.C.
6309(e)) is amended--
(1) by striking ``Federal Trade Commission,'' in the
subsection heading and inserting ``United States Boxing
Administration''; and
(2) by striking ``Federal Trade Commission,'' in paragraph
(1) and inserting ``United States Boxing 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 Administration, and, if requested,
to the boxing commission in the State or on Indian land
responsible for regulating the match, a statement of--'';
(2) by striking ``will assess'' in paragraph (1) and
inserting ``has assessed, or will assess,''; and
(3) by striking ``will receive'' in paragraph (2) and
inserting ``has received, or will receive,''.
SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS.
Section 13 (15 U.S.C. 6307e) is amended--
(1) by striking so much of subsection (a) as precedes
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
Administration, and, if requested, to the boxing commission
in the State or on Indian land responsible for regulating the
match--'';
(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 the match shall provide to
each boxer participating in the match with whom the promoter
has a promotional agreement 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,
directly or indirectly, 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) (15 U.S.C. 6308(a)) is amended--
(1) by striking ``enforces State'' and inserting ``enforces
State or Tribal'';
(2) by inserting ``no officer or employee of the
Administration,'' after ``laws,''; and
(3) by striking ``as described in section 4.'' and
inserting `` or under the jurisdiction of another tribal
organization.''.
SEC. 18. ENFORCEMENT.
Section 18 (15 U.S.C. 6309) is amended--
(1) by striking ``(a) Injunctions.--'' in subsection (a)
and inserting ``(a) Actions by Attorney General.--'';
(2) by 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;
``(C) is selected on the basis of training, experience, and
qualifications and without regard to political party
affiliation; and
``(D) is a United States citizen.
``(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, each of whom 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 functions of the
Administration are--
[[Page S3507]]
``(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 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;
``(9) procure the temporary and intermittent services of
experts and consultants to the extent authorized by section
3109(b) of title 5, United States Code, at rates the
Administration determines to be reasonable; and
``(10) promulgate rules, regulations, and guidance, and
take any other action necessary and proper to accomplish the
purposes of, and consistent with, the provisions of this
title.
``(c) Prohibitions.--The 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 or
exchange of any goods or services, or to promote any
exhibition, performance, or sporting event, shall be subject
to suit in a civil action by the 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 licensee has violated any provision of this Act;
``(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 suspension or revocation is necessary for the
protection of health and safety or is otherwise in the public
interest.
``(2) Period of suspension.--
``(A) In general.--A suspension of a license under this
section shall be effective for a period determined
appropriate by the 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.
``(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period
of not less than 1 year.
``(b) Investigations and Injunctions.--
``(1) Authority.--The 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 Act or any regulation
prescribed under this Act;
``(B) require or permit any person to file with it a
statement in writing, under oath or otherwise as the
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
Act, in the prescribing of regulations under this Act, or in
securing information to serve as a basis for recommending
legislation concerning the matters to which this Act relates.
``(2) Powers.--
``(A) In general.--For the purpose of any investigation
under paragraph (1), or any other proceeding under this Act,
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 district court of the United States
within the jurisdiction of which an investigation or
proceeding is carried out, or where that person resides or
carries on business, to enforce the attendance and testimony
of witnesses and the production of books, papers,
correspondence, memorandums, and other records. The court may
issue an order requiring the person to appear before the
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
[[Page S3508]]
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 Act, or of any regulation prescribed under this Act, 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 Act 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
district court of the United States.
``(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 Act shall be public and may be
held before any officer of the Administration. The
Administration shall keep appropriate records of the
hearings.
``SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.
``(a) Noninterference.--Nothing in this Act 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 Act.
``(b) Minimum Standards.--Nothing in this Act prohibits any
local boxing authority from enforcing local standards or
requirements that exceed the minimum standards or
requirements promulgated by the Administration under this
Act.
``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.
``Any employee of any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality may be detailed to the 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--
``(1) a detailed discussion of the activities of the
Administration for the year covered by the report; and
``(2) an overview of the licensing and enforcement
activities of the State and tribal organization boxing
commissions.
``(b) Public Report.--The 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 of 1996, 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 by 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 subsection (a) of section 113, as
redesignated, and inserting the following:
``(a) In General.--Except to the extent required in a
legal, administrative, or judicial proceeding, a boxing
commission, an Attorney General, or the Administration may
not disclose to the public any matter furnished by a promoter
under section 111.'';
(E) by striking ``section 13'' in subsection (b) of section
113, as redesignated, and inserting ``section 111'';
(F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in
paragraph (1) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114,'';
(G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in
paragraph (2) of section 116(b), as redesignated, and
inserting ``107, 108, 109, 110, 111, or 114'';
(H) by striking ``section 17(a)'' in subsection (b)(3) of
section 116, as redesignated, and inserting ``section
115(a)'';
(I) by striking ``section 10'' in subsection (e)(3) of
section 116, as redesignated, and inserting ``section 108'';
and
(J) by striking ``of this Act'' each place it appears in
sections 101 through 120, as redesignated, and inserting ``of
this title''.
(2) Compensation of 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 of
1996, as added by section 21(a) of this Act, shall take
effect 1 year after the date of enactment of this Act.
The ACTING PRESIDENT pro tempore. The Democratic whip.
Mr. REID. Mr. President, this legislation has been long in coming.
Senator McCain and I have worked on this for months. I think it is a
tremendous step forward. It is a perfect example of how we have to
cooperate with each other. This is not everything that Senator McCain
wanted, it is not everything I wanted, but it is legislation that now
is going to pass the Senate. It is something that has been needed for
some time. It is the Professional Boxing Safety Act, but it also will
take a very
[[Page S3509]]
close look at promoters, including those who are the networks, HBO,
Showtime. It sets up a national boxing commission. It is important.
This is a multimillion-dollar industry, and it needs Federal
oversight as a result of deaths that occur with boxers. We had a death
of a person from Nevada who went to Utah to fight. He had been knocked
out 21 times. He went to Utah to fight and got knocked out again and
died.
As many of my colleagues know, I come to my work on boxing with a
perspective that was formed both inside and outside the ring. Before I
entered the political arena, I personally was a boxer. I also worked
ringside as a judge in hundreds of fights, in all weight classes, and
have judged championship fights. As a lawyer in private practice, I
also represented professional fighters.
My State of Nevada hosts most of the premier boxing matches in the
world. Nevada's state-of-the-art resorts provide fight venues that are
unmatched in any other part of the world, and Nevadans take great pride
in the historical role the State has played in boxing. The Nevada State
Athletic commission is the most respected boxing commission in the
world. It has led our country and the world in implementing terms of
boxing safety and ethical treatment of fighters, promoters, and
ringside personnel. Nevada's commission, under the outstanding
direction of Marc Ratner, serves as a model for a national commission
and has guided my work on this legislation.
Is there a need for the establishment of a national commission
patterned after Nevada's commission to regulate boxing throughout the
United States? The answer is a yes.
Last July, a boxer named Brad Rone fought in Utah and died at the age
of 35. While Brad lived in Las Vegas, he had been banned from fighting
in Nevada for more than three years. The Nevada Commission felt that he
was at risk of getting seriously injured every time he stepped into the
ring. Unfortunately, this ban didn't prevent him from fighting in other
States. So despite the fact that he lost 26 consecutive fights, Brad
was allowed to step into the ring in Utah to fight Billy Zumbrun. After
only one uneventful round of what was to be an eight-round fight, Brad
passed out and died. He wasn't knocked out. He was hit once and started
to walk away and collapsed. An autopsy later revealed that Brad
technically died of a heart attack, but many acknowledge that the
continual physical abuse inside the ring contributed to his untimely
death.
Unfortunately, the rules governing professional boxing and the
enforcement of those rules vary widely among States. This legislation
today will help avoid future tragedies like Brad's, and ensure a
vibrant future for the sport of boxing and the Nation's boxers. If this
legislation had been enacted before Brad's death, it would have
required that his fights be approved by a Federal Commission after
either his 10th defeat or fifth consecutive knockout.
This bill creates the United States Boxing Commission, USBC. The USBC
will prescribe and enforce uniform regulations for professional boxing
in order to protect the health and safety of boxers and ensure fairness
in the sport. While it will not supercede States with higher standards,
like Nevada, it will establish minimum standards and conformity for all
States. The USBC will also have the ability to defer its authority to
States with strong commissions when deemed appropriate.
Among other things, the USBC will maintain a national computerized
registry for the collection of specific information on professional
boxers and boxing personnel as well as certify for each boxing match
the participating boxers' medical histories. It will require sites to
have both an ambulance and emergency medical personnel with
resuscitation equipment continuously present. There are some places
today that have only one ambulance. Once a boxer is hurt, and the
ambulance takes him away, there is no remaining personnel or equipment
for the other fights on the card. This poses unnecessary and sometimes
fatal risks to boxers and ring personnel. The USBC will also review
plans submitted by all State athletic commissions for uniformity.
This uniformity will discontinue the use of forum shopping that we
witnessed in 2002 with the Mike Tyson v. Lennox Lewis fight. That fight
was originally scheduled to take place in Las Vegas, but the Nevada
State Athletic Commission declined to grant Tyson a license to fight
because of his violent behavior, both inside and outside the ring. The
Association of Boxing Commissions, ABC, recommended that other State
commissions honor Nevada's decision not to let Tyson fight. However,
the ABC acts only as a quasi-federal agency and has no enforcement
authority. Obviously, the ABC's recommendation was ignored, as Tyson
was permitted to fight Lewis in Tennessee.
Another important problem this legislation begins to remedy is
broadcasters acting as de facto fight promoters. Broadcasters who
effectively operate as promoters ought to be held to the same standards
and scrutiny as traditional promoters. They should be regulated in the
same manner. This is only fair. Many broadcasters control when the
fighters fight, who they fight, where they fight, and how much they are
paid. This is the role of the promoter, and the media companies are
acting as the fighters' de facto promoters. However, despite the fact
that these companies are acting as promoters, they are not regulated by
boxing commissions. While traditional promoters are regulated under the
Muhammad Ali Boxing Reform Act, Ali Act, and State athletic commission
laws, the media companies have been virtually free from regulation.
This legislation will require the broadcaster to make certain
disclosures to the USBC similar to what promoters must do. Broadcasters
will have to provide to the USBC statements of fees paid and owed to
promoters, copies of all contracts, and a list of the sources of income
they receive from the broadcast of the match.
Additionally, the bill requires the USBC to study for one year the
definition of a promoter and report back to Congress their proposed
revised definition, speculatively, to include broadcasters as
appropriate. When Congress enacted the Ali Act, one of the main goals
was to protect boxers from being unfairly treated by promoters. The Ali
Act provided contractual reforms that prevented exploitive business
practices that at that time allowed for coercive and lengthy contracts
tying a fighter to a promoter for years. Today, many fighters are
entering into promotional agreements directly with the broadcaster.
Thus, in order to really give the Ali Act any weight, it is necessary
that those who are conducting the business of a promoter comply with
the regulations set forth in the Ali Act. The broadcasters should not
evade the restrictions placed on promoters by the Ali Act simply by
slipping through some technical loopholes.
The USBC should focus on two particular issues when making this
important promoters decision. Both, I believe, strongly suggest that
broadcasters be included in the promoter definition. First, it should
examine the situation that exists when a broadcaster or network hires
another individual or entity as the per se ``promoter'' to stage a
boxing event. While the broadcaster pays this local promoter a fee, the
broadcaster contracts to retain the boxer's rights to the fight, for
example, the right to sell, distribute, exhibit, or license the match
or in some cases several matches, and retains the right to choose
dates, sites, and opponents. In this scenario, the broadcaster is
really acting as a de facto promoter and should be subject to the
regulations and disclosure requirements imposed by the Ali Act.
However, since the local promoter is contractually charged with
complying with federal and state laws, he is the only one required
under current law to file financial disclosures with the boxer. The
broadcaster who hires this local promoter does not have to disclose to
the fighter how much the broadcaster is earning for the fight. Since
conventional promoters determine when a fighter fights, where he
fights, who he fights and how much he is paid, the broadcaster is doing
all the work of a promoter yet circumventing the requirements of the
Ali Act. It is the fighter who is left in the dark.
This situation I have described is illustrated by the roles of HBO
and Showtime in the Lennox Lewis vs. Mike Tyson fight. Lewis was under
contract to HBO and Tyson was under
[[Page S3510]]
contract to Showtime. These two media companies signed an agreement to
promote the Lewis/Tyson fight and a possible rematch. However, neither
HBO nor Showtime was required to file their agreements with the two
fighters or with a State athletic commission since they are not
technically ``promoters'' under the Ali Act. Instead, they hired a
local promoter to ``stage'' the fight, and because the local promoter
was not a party to the master agreements for the fight, those
agreements may have never been filed with the commission. Furthermore,
the disclosures under the Ali Act which require a promoter to inform
the fighters how much revenue is to be earned by it from the event may
not necessarily have been provided since the ``promoter'' was only
being paid a fee to stage the fight. Oftentimes, the ``multi-fight''
agreements which these broadcasters have with their fighters may
contain terms beyond those permitted by law to promoters.
The second scenario the commission should examine is where the
broadcaster contracts directly with the boxer or with the boxer's
representative. By ``boxer's representative'' I am talking about any
entity or company that employs the boxer or to whom the boxer has
transferred the rights to his boxing services. Even if a broadcaster
only obtains rights to the boxer through this entity, the broadcaster
should still be deemed a promoter and be subject to the Ali Act because
in essence, they are contracting with the boxer. Here is an example.
When Tyson and Lewis fought, HBO contracted with Lion Promotions. Lion
Promotions is--for all practical purposes--Lewis's company, yet
legally, Lewis may or may not own or be employed by Lion Promotions.
However, when HBO contracted with Lyon, they effectively contracted
with Lewis directly. Thus, the contractual protections given the boxer
in the Ali Act should apply in this type of situation.
In determining whether a broadcaster is acting as a de facto
promoter, the USBC must study the contracts between broadcasters and
such entities and any attached ratifications by the boxer him/herself;
the contracts with local promoters; the contracts between the local
promoters and the boxer; and the contracts between any involved
broadcasters. The USBC is also directed to look at the sources of
income received from the broadcast of a fight and examine the amounts
received from each of these sources. Effectively defining the role of a
promoter requires looking at who is contracting with a boxer for the
rights to the boxer's service. These rights include the rights to sell,
grant, convey, distribute, exhibit, and license the match or matches.
Conventional promoters control the rights to a fighter's boxing
career and the right to exploit the boxer's name and image in
connection with his/her boxing matches. By determining who is
circumventing the requirements placed on a promoter under the Ali Act
and thereafter including them within the definition of a promoter, the
USBC will protect the fighter from exploitive business practices,
regardless of the source.
It is envisioned that the commission created under this legislation,
the USBC, will monitor the boxing world, creating an environment that
will enable both the sport and its participants to thrive. I am proud
of the work that Senator McCain and I have done to help in the reform
of this great sport.
Mr. FRIST. Mr. President, I ask unanimous consent that the McCain
substitute be agreed to; the committee substitute, as amended, be
agreed to; the bill, as amended, be read a third time and passed; the
motion to reconsider be laid upon the table; and that any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3006) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment, in the nature of a substitute, as amended,
was agreed to.
The bill (S. 275), as amended, was read the third time and passed.
____________________