[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[House]
[Pages H10345-H10356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES BOXING COMMISSION ACT
The SPEAKER pro tempore. Pursuant to House Resolution 553 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1065.
{time} 1556
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1065) to establish the United States Boxing Commission to protect
the general welfare of boxers and to ensure fairness in the sport of
professional boxing, with Mr. Simpson in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
General debate shall not exceed 1 hour, with 40 minutes equally
divided and controlled by the chairman and ranking minority member of
the Committee on Energy and Commerce, and 20 minutes equally divided
and controlled by the chairman and ranking minority member of the
Committee on the Judiciary.
The gentleman from Florida (Mr. Stearns) and the gentlewoman from
Illinois (Ms. Schakowsky) each will control 20 minutes, and the
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from
Michigan (Mr. Conyers) each will control 10 minutes.
The Chair recognizes the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to express my strong support for H.R.
1065, the United States Boxing Commission Act.
This bill will establish for the first time the United States Boxing
Commission within the Department of Commerce. The USBC will be charged
with overseeing licensing and registration of boxers and boxing
personnel nationally to improve the current inconsistent and lack of
regulation of the sport at the State and also at the local levels.
The sport of boxing with its rich and glorious history is slowly
being corroded by corruption and abuse in and outside the ring.
I am no fan of bigger and more intrusive government, but in this case
the power and sweep of a Federal regulator can establish a uniform
minimum standard for boxing on a national level and will hopefully
salvage this great sport and reestablish it as a main
[[Page H10346]]
event, not some shady, corrupt business enterprise.
In terms of fiscal impact, there has been a lot of misinformation
about this bill, its budgetary impact. But let me be perfectly clear:
this bill requires the United States Boxing Commission to be funded
through receipts from licensed and registration fees, not from
taxpayers' money. The USBC will also sunset in 12 years. Here we have a
bill that will sunset. The USBC will not be a drain on government
resources. Rather, it will function and operate from revenues derived
from its oversight function of licensing and registration.
{time} 1600
Later, I intend to offer an amendment to clarify this intent during
our consideration. This is an important point to be made and needs to
be made crystal clear.
In addition, as I mentioned, professional boxing is suffering today.
Boxers are in danger of losing life and limb every day, and likewise,
every day, we hear more and more stories about needless injuries and
even deaths. We had two boxers die in Nevada just recently.
Boxing obviously is a great American sport, with a rich and glorious
tradition, but it is in real danger of becoming marginalized into
nothing more than a dangerous and corrupt sideshow. This would be a
tragedy.
We have celebrated our Olympic heroes and cheered them when they
later fought professionally. I believe that adding a backstop of
Federal oversight over the various pockets of inconsistent regulation
at the State level will help clean up boxing and honor its positive
impact on the lives of young men and women who, despite sometimes
difficult financial or social circumstances, achieve greatness through
discipline, hard work and simply sheer determination.
One of those obscure fighters that rose to become one of America's
most important symbols of athletic and human excellence obviously was
Muhammad Ali. He testified at one of our hearings. Unfortunately, he
could not testify, so his wife read the speech for him, and this is
what he said: ``For all of its difficulties, boxing is still a
wonderful sport. It still attracts men and women from all walks of life
to reach glory in the ring. For many, it's their first experience with
hard work, determination and discipline. For still others, it remains
the only way up and out from a life filled with bad choices, failure
and worse.''
He went on to say: ``Reform measures are unlikely to succeed unless a
U.S. Boxing Commission is created with the authority to oversee a sport
that still attracts a disproportionate number of unsavory elements that
prey upon the hopes and dreams of young athletes.''
My bill, cosponsored with the gentlewoman from Illinois (Ms.
Schakowsky), my colleague and the ranking member of my subcommittee,
and the gentleman from Illinois (Mr. Rush), my friend and colleague,
will push reform and put the weight of uniform national oversight
mechanism behind those reforms to ensure that the United States Boxing
Commission is successful and those hopes and those dreams are
protected.
Specifically, the manager's amendment I am offering will do the
following:
First and foremost, it makes it clear that the United States Boxing
Commission will be funded largely through revenues generated by
licenses and registrations so that it is essentially self-funding.
Specifically, section 5 of the bill has been amended to clarify that
fees authorized and collected shall be available to fund the operation
of the commission and the administration of the Act. Section 14 of the
bill was amended to clarify that offsetting collections are available
to the commission subject to appropriations.
The next thing, it empowers the United States Boxing Commission to
promulgate uniform standards for professional boxing and oversee all
professional boxing in the United States.
It ensures that Federal and State laws applicable to boxing are
enforced and requires and issues licenses for all professional boxers
and, importantly, boxing personnel.
It allows the United States Boxing Commission to suspend or revoke a
license if it finds the holder has violated provisions of this Act.
It requires a study and report on health and safety aspects related
to boxing, as well as on the definition of a promoter.
It requires the United States Boxing Commission to provide an annual
report to Congress on its activities.
I think Mr. Bruce Spizler, chair of the Legal Committee of the
Association of Boxing Commissioners and a former member of the National
Association of Attorneys General Task Force on Boxing, in his testimony
to our subcommittee, summed up the current situation best when he said:
``The regulation of the sport of professional boxing has been left to
those individual States and, more recently, tribal organizations,
which, legislatively, have provided for its own boxing commission to
regulate the sport in its own particular jurisdiction. Thus,
considering that the authority of each regulatory component is
restricted by its territorial borders, the effective regulation of the
sport of professional boxing in the United States is only as strong as
its weakest link; leaving `venue shopping' as an effective tool for
those seeking a lighter regulatory `punch.' The glaring absence of
regulatory uniformity, together with the difficulty, and varying
degrees, of effective enforcement, has lent itself to a perpetuation of
the inequities, lack of integrity and, in some instances, non-adherence
to health and safety measures for which the inherently dangerous sport
of professional boxing, unfortunately,'' by its reputation ``has become
known.''
I cannot think of a more powerful argument in favor of a Federal
commission, that is sunset, designed to oversee the sport of boxing and
ensure uniform minimum standards, especially for those States that do
not have programs or have inferior ones. States with mature programs,
in my opinion, should be supportive because they are already leading
and serving as benchmarks.
In addition to the support of the Association of Boxing
Commissioners, this bill has been endorsed by the American College of
Sports Medicine and the American Association of Professional Ringside
Physicians.
In closing, this is an important opportunity to save a sport that has
brought so much pride and glory to the United States. Boxing is
suffering from problems that stretch far beyond the boundaries of State
regulation. It is a sport worth saving that will need the power of our
Federal Government oversight to clean up its act and ensure the safety
of all its athletes. All the great champions that have paved the way
for the sport should be able to count on us to provide a minimum amount
of oversight in this situation.
I urge my colleagues to consider this bill, H.R. 1065, the United
States Boxing Commission.
Mr. Chairman, I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Chairman, I yield myself as much time as I may
consume.
I rise in strong support of H.R. 1065, the U.S. Boxing Commission
Act, which would establish a national regulatory body for the sport
that has been riddled with corruption, scandals and lax enforcement of
regulations, putting the lives of contenders on the line.
I want to thank the chairman of the subcommittee Chairman Stearns
with, whom I worked closely on this legislation in a bipartisan way, to
produce a product that I hope that our colleagues on both sides of the
aisle will readily support.
I want to thank in addition to the bipartisan staff who worked on
this legislation, I would like to thank our legislative counsel, Brady
Young, for his advice, expertise and the patience that is often
required when working with our bipartisan team.
I know that there are some in this body who have just wondered why we
are addressing this particular issue of boxing when they argue there
are more important issues facing our country. I would respectfully
point out that it certainly is not the least important issue that we
find time to deal with in this body, and that, in fact, it does deal
with the health and the safety of literally thousands of people in our
country. So I am happy to be supporting this bill right now.
With the passage of the Professional Boxing Safety Act of 1996 and
the Muhammad Ali Act in 2000, minimum Federal standards were set to
protect the physical and economic well-being of boxers, and State
boxing commissions
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were charged with meeting those standards. Some States have strong
boxing commissions such as New York, Pennsylvania and Nevada that not
only require the Federal standards but set additional regulations
beyond the minimum requirements.
I want to point out that nothing in this legislation would prevent
those that have stronger regulations from using those. Let me read
directly from the legislation on minimum standards: Nothing in this Act
prohibits any boxing commission from enforcing local standards and
requirements that exceed the minimum standards or requirements
promulgated by the commission under this Act.
What we found, however, was that there are too many other States that
are ignoring the rules, and boxers are the ones who are paying the
price.
Many argue that federally mandated health and safety standards are
not being adhered to because no corresponding national regulatory body
exists. Let me quote from the letter I received from the College of
Sports Medicine, who heavily supports this legislation, when they say
that, professional boxing is the only major sport which does not have a
governing body to establish and enforce rules and practices. It is the
only major sport that does not have that.
When the greatest and prettiest of all times, Muhammad Ali, tells
you, ``Boxing reform measures are unlikely to succeed unless a U.S.
Boxing Commission is created with authority to oversee a sport that
still attracts a disproportionate number of unsavory elements that prey
upon the hopes and dreams of young athletes,'' when Muhammad Ali tells
you that, as he did to us in our hearing, one listens, and that is what
Chairman Stearns and I did with the drafting of H.R. 1065.
Boxing is an enormous enterprise. The sport generates over $500
million in revenues each year. However, because so many parties have a
financial stake in each boxing match and because competing interests
often run counter to the boxers' well-being and because not every
manager is as upright as Clint Eastwood in ``Million Dollar Baby,''
many contenders end up destitute.
In this sense, boxers are like many other kinds of talent or workers.
Their gifts and their hard work are others' fortunes, and they are
treated as disposable assets.
Boxing is also unlike many other sports in that there are very
serious physical repercussions. If health and safety standards are not
being met, boxers could die, and they do.
Over the past 50 years, more than 130 fighters have died due to
boxing-related injuries in the United States. In 2005, we lost the
first woman to boxing, Becky Zerlentes. Dr. Zerlentes, a professor of
geography, got her Ph.D. at my alma mater, the University of Illinois
at Urbana-Champaign.
I believe that it is our responsibility to ensure that boxers are not
being put in the ring without being protected, both physically and
economically. We know it is a dangerous sport by its nature, but it is
our responsibility to ensure that laws that are already on the books
are enforced. That is why I joined Chairman Stearns in drafting H.R.
1065 to establish the United States Boxing Commission. This bill will
help to ensure that standards are uniform and enforced and that boxers
are protected.
The formation of a national regulatory body is supported by the
Association of Boxing Commissioners, the organization of State boxing
commissioners. They love their sport, and they want to make sure that
the laws that govern it are being enforced, keeping the sport safe and
respectable. Our bill also enjoys the support of those who say that
boxers' health must come first, the American College of Sports Medicine
and the American Association of Professional Ringside Physicians.
Finally, it would be a tribute to the greatest of all times, to
Muhammad Ali, who lent his name to the law that is meant to protect
boxers from those who see them as just a commodity and is not being
enforced as it should be.
We need to pass this bill to do a service to the boxers, to the young
athletes who see their dreams and their hopes come to life when they
are in the center of that ring and the bell signals the first round.
I urge my colleagues to join in this bipartisan leadership of this
legislation and support H.R. 1065.
Mr. Chairman, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself as much time as I may
consume.
Mr. Chairman, I rise in opposition to H.R. 1065, the United States
Boxing Commission Act. This is a big government bill that creates a new
Federal agency that provides for more regulation and is not self-
financing as has been intimated.
The top of page 13 of the Energy and Commerce Committee's report uses
a CBO estimate that says: ``Assuming appropriation of the necessary
amounts, CBO estimates that implementing H.R. 1065 would cost $5
million in 2006 and $26 million over the 2006-2010 period.''
{time} 1615
That means that we are adding $26 million to the deficit to regulate
one sport. That is not right. The Judiciary Committee received the
sequential referral of this bill to consider several provisions within
the legislation. The Judiciary Committee has long been involved in
issues relating to professional sports, including oversight of the U.S.
Olympic Committee, Major League Baseball, and the NCAA.
Many are concerned and have raised serious questions about the
commercial and legal aspects within the sport of professional boxing.
As a result, some have urged the creation of a Federal boxing
commission to regulate this sport. The legislation would accomplish
that goal.
Although the creation of the U.S. Boxing Commission itself does not
fall within the jurisdiction of the Judiciary Committee, significant
provisions relating to title 18 of the U.S. Code, which is the criminal
code, and the authority of the Attorney General and the commission's
executive director are within the committee's purview.
During the markup of this bill, the Judiciary Committee adopted a
technical change to ensure that the use of administrative subpoenas
comports with existing title 18 provisions. Additionally, as amended by
the committee, the legislation will now allow a designee of the
Attorney General to represent the commission in judicial proceedings
rather than requiring the Attorney General himself to do so. Finally,
the Judiciary Committee amendment removed the authority of the
commission's executive director to make unilateral determinations
regarding violations of this act or to bring action in Federal court.
This means that such determinations will be required to be made by the
full commission before action can be taken.
Although these Judiciary Committee amendments improved the
legislation, the committee reported the bill with no recommendation, no
recommendation, as a result of the concerns of many Members on both
sides of the aisle regarding the underlying merits of the legislation.
I share these concerns and do not support the goal of the legislation.
Notwithstanding the fact that there are well-founded concerns
surrounding the support of boxing, I believe that the creation of a
boxing commission is unnecessary and urge my colleagues to oppose this
legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise just in reply to my colleague who is chairman of
the Judiciary Committee who made some points in terms of jurisdiction
and also made some points that the bill has minimum impact upon the
budget.
I have here a copy of the amendment which is part of the manager's
amendment that we have next in place, which takes care of the concerns
he has by striking a portion of the bill and in place putting it that
the bill is self-sufficient and the money that is appropriated comes
from the licensure fees. So I would urge the gentleman to vote for the
manager's amendment, which will be coming up shortly. That will take
care of his main concern, which appears to be that he is concerned it
was $5 million the first year and the GAO audit indicated more money
thereafter. But with this manager's amendment, the GAO audit is
nullified and we have a self-sufficient bill.
Another point I would like to make is the basic thrust of the bill is
a 12-year supervision with three appointees
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on the commission from the President of the United States with 3-year
duration of tenure. At that point they can be reappointed, or they can
continue at the President's request. We have in place something here
that is very rare on the House floor, and that is something that is
sunsetted. So when people talk about a new Federal bureaucracy, let me
be perfectly clear. This is a very, very light, temporary government
oversight committee to bring accountability and to bring justice to a
great American sport. Everybody in the business who testified wants
this type of temporary structure. So I think in a larger sense we have
to say to ourselves now is the time to do this and, in so doing, in
this way we will do the least amount of harm by making it temporary and
at the same time asking them to pick up the ball and run with this as a
voluntary organization much like other professional sports do.
So I am glad to rise to point out to my colleague that it is going to
be amended so that it is budget neutral; and, two, to point out to him
that this is not a new Federal bureaucracy, but instead an oversight
board to help guide this sport to its ultimate success.
Mr. Chairman, I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Chairman, I yield myself such time as I may
consume.
I am aware of some concerns raised by the Governor's office in New
Jersey about this legislation, where they are concerned about what they
say is the erosion of State authority. So I want to be very clear about
this and once again read from the bill and read an additional section
from it:
``Section 9, Noninterference with Boxing Commissions. Paragraph a,
Noninterference: Nothing in this act prohibits any boxing commission
from exercising any of its powers, duties, or functions with respect to
the regulation or supervision of professional boxing or professional
boxing matches to the extent not inconsistent with the provisions of
this act.'' By that we mean anything that has more enforcement powers.
We are just setting a floor and the States can exercise all their
powers, duties, or functions in addition to that.
And ``b, Minimum Standards: Nothing in this act prohibits any boxing
commission from enforcing local standards or requirements that exceed
the minimum standards or requirements promulgated by the commission
under this act.''
A State like New Jersey that contends that they are doing a good job,
we say go ahead and do it. We welcome that. We acknowledge that, and we
hope that they will continue to do it. But the fact of the matter is
that the vast majority of States, despite the passage of the acts of
1996 and the Muhammad Ali Act in 2000, are not doing that; and that is
why most people associated with this sport including State
commissioners, including State commissioners have weighed in in support
of this legislation and look forward to the Federal Government seeing
that boxing alone is not without some kind of national standards, and
that is why this commission is so important.
Mr. Chairman, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield such time as he may consume
to the gentleman from Nebraska (Mr. Terry).
Mr. TERRY. Mr. Chairman, I thank the gentleman from Wisconsin for
yielding me this time.
I rise in opposition to this bill, and I first want to say that the
gentleman from Florida is my chairman. I am a part of his subcommittee
and really respect and appreciate his efforts on this bill. We have
just drawn different conclusions.
I think the fundamental question that we have to ask about this bill
is whether or not boxing, professional boxing, and that is what we are
here to talk about is professional boxing, is worth creating another
bureaucracy within the Department of Commerce. No matter how we cloak
this, it is creating a new entity of rules and regulation, enforcement
within the Department of Commerce to oversee a professional sport,
although I will say ``professional sport'' with quotations around it.
Where we have professional sports, all of the professional sports
have their own regulatory body where they themselves have gotten
together and formed, like the Mayflower Compact, their own regulatory
or government overseeing body with their own rules and regulations
within that body. To my knowledge, boxing is the only sport that has
come before Congress asking us to save the sport from itself.
We held several hearings on this within our committee and
subcommittee. We had several big-name people from the sport, Muhammad
Ali, commissioners from around the State, promoters. All testified to
the corruptness of professional boxing, and I asked the witnesses
before us at one of our panels, I said, if professional boxing wants to
eliminate any semblance of legitimacy, make themselves in essence the
wrestling of that sport, why should we care? They came back and said,
Well, because we have to. We cannot, in essence, get our own act
together; and it is for the health of the boxers. That is why if it is
for the health of the boxers, I suggested that we should just ban
professional boxing. I offered an amendment and withdrew it.
But the issue to me is if the boxing profession wants to make itself
irrelevant as a legitimate professional sport, let us give them that
opportunity to do so. Let us not create a new Federal bureaucracy to
save themselves from themselves.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
I would point out, as the gentleman from Nebraska did say he offered
an amendment to abolish all of boxing, I think in his statement he also
made an argument in favor of our bill. When he posed the question why
should we care, think about that. Why should we care? That was his
question that he asked in the hearing, and it simply came back to him
that we should care about these fighters, these young fighters who are
starting out, many from very difficult economic situations. We should
care. And I think as Members of Congress, I hope they will keep that
question in mind when they support the bill and realize that the
gentleman from Nebraska really had an amendment to abolish boxing,
which is almost in direct counterpoint to the question he posed, Why
should we care?
Mr. Chairman, I yield such time as he may consume to the gentleman
from Nebraska (Mr. Osborne), the former head coach of the Nebraska
Cornhuskers.
Mr. OSBORNE. Mr. Chairman, I thank Chairman Stearns for yielding me
this time.
Mr. Chairman, I speak in support of H.R. 1065, the United States
Boxing Commission Act.
When we think about boxing, we often think about Jack Dempsey and
Gene Tunney, Joe Louis, Max Schmaeling, Muhammad Ali, Sonny Liston.
These are all high-profile fights, a lot of press coverage, pretty well
attended by trainers and doctors, a lot of money involved. But what we
do not see is the low profile, the seamy side of boxing, the
mismatches, the dishonesty, the lack of medical attention, sometimes
the brain damage, the low pay, the high number of people who leave the
sport with absolutely no financial resources and many times in pretty
poor shape physically. So sometimes this part of boxing has been called
the ``red light district'' of professional sports. And I would have to
say from my knowledge of it, somewhat limited, I would agree that that
is an apt title.
Professional boxing, as has been mentioned, is the only major U.S.
sport that does not have a centralized association or league to
establish and enforce uniform rules and practices. In football we have
the National Football League; basketball, the National Basketball
Association; Major League Baseball; National Collegiate Athletic
Association; U.S. Olympic Committee.
So people say, why did boxing not do this? Why would this not be
something that would be natural? And the reason is there is a lot more
organization in those other sports. NCAA is composed of member
institutions. The Olympic Committee has a variety of supporting
organizations. Boxing is almost something that one would have to say
has total anarchy, and it is spread all over the place. Some of these
club fights, obviously, are very low-budget items; and it is almost
impossible to get any kind of organization involved.
I have spent most of my life working with young athletes, and some of
these
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athletes came from backgrounds similar to that of most prizefighters.
There is a lot of poverty. There is sometimes very little family
support, sometimes poor schools, sometimes gang influence. But with
somebody to care and supervise and nurture, many will come out of that
environment and do reasonably well. But they need a little bit of
guidance. They need a little bit of help. But I would say the
exploitation is more often the norm than a good outcome.
So years of corruption and abuse in boxing would indicate that no
effective regulation would come from within the sport. We have asked
the question, why do they not just take care of it themselves? But how
long are we going to wait?
{time} 1630
We have had years and years and years of this sport, going back to
the 1700s, and we have seen no regulatory body emerge. How many people
have to die? How many people have to have their brains scrambled? And
how many matches do we have to have with no medical attention before we
do something about it? We would not do something like this with
animals. We are very much against cockfighting and other kinds of
contests, and we regulate, and we make some of those illegal as well.
So H.R. 1065 provides a uniform Federal standard to regulate business
practices and safety issues within the boxing world. This is something
whose time has come. It establishes the United States Boxing Commission
which oversees all boxing matches in the U.S.
This is a good bill. It is a needed bill. I would really like to see
the States do this. But States, again, in many cases, have abdicated
their responsibility. They are all over the place. What goes in one
State does not go in another. Again, the medical supervision is the
main thing that I am interested in, and the injury factor and the fact
that we are not having adequate supervision.
I urge support of this bill. I realize it does add some government
responsibility. Generally, as a Republican, I do not like to see those
things, but when health and safety is involved, I think we need to
intervene.
Ms. SCHAKOWSKY. Mr. Chairman, I yield myself such time as I may
consume.
I would like to say a special thank you to the gentleman from
Illinois (Mr. Rush) for the work he has done on the bill and for his
strong support of the legislation.
I would also like to read a statement on behalf of the gentleman from
Michigan (Mr. Conyers) who is the ranking Democrat on the Committee on
the Judiciary.
He says, ``I rise in strong support of H.R. 1065, the United States
Boxing Commission Act, which establishes a Federal commission with
oversight responsibilities for professional boxing in the United
States. This much-needed commission will establish uniform minimum
standards which States must follow. It will also be empowered to issue
additional regulations to improve the integrity and safety of the
sport.
``Further, the commission will establish a Federal licensing
requirement for participation in United States matches for certain
boxing personnel, including boxers, managers, promoters, match makers,
referees, judges and sanctioning.
``In July 2003, the GAO issued a report on professional boxing and
listed elements identified by industry experts as essential to
improving the health, safety and economic interests of boxers: medical
examinations, monitoring of training injuries, assessments of medical
risks, health and life insurance, the presence of appropriate medical
personnel and equipment, and enforcement of suspensions for injuries.
``Additionally, the GAO found that industry experts believe
additional changes are required in boxing and listed the following
needed changes: one, require pension plans for boxers; two, require
full disclosure of purses and payments; three, require minimum uniform
contractual terms between boxers and promoters; and, four, prohibit
conflicts of interest.
``While the Federal law has created requirements for States to
follow, these laws are largely being ignored. H.R. 1065 will aid in
correcting this injustice.
``Boxers often have little or nothing to show from their match
proceeds, despite others earning vast wealth off the boxers' talents.
We owe it to our athletes to create laws that protect their interests
and to make sure those laws are enforced. I urge my colleagues to
support H.R. 1065 and to support professional boxers.''
Mr. Conyers was unable to come down to the floor himself and wanted
to make sure that this strong support of the legislation was placed in
the Record.
Mr. Chairman, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield back the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield such time as he may consume to the
gentleman from Hawaii (Mr. Abercrombie).
(Mr. ABERCROMBIE asked and was given permission to revise and extend
his remarks.)
Mr. ABERCROMBIE. Mr. Chairman, this legislation may seem a bit
esoteric to some not only in Congress here but in the public at large.
But this issue, and I want to commend you and the ranking member for
bringing it to our attention, this legislation could not be more
crucial in terms of what our national responsibilities are.
Boxing and some of the so-called sports that are now associated with
physical contact, things called the extreme sports, are interstate in
nature, almost by definition. And because they are interstate, without
regulation or oversight by the Congress, that means that many of the
people associated with, in particular in this instance, the boxers, are
in a sense victimized by our failure to take this up as a national
question.
The stories may be instructive that are associated with boxing and
boxing history. They may be even redemptive in terms of our
contemplation of them: People struggling up from the bottom of the
economic and social scale, sometimes tragic in nature in terms of those
that have succeeded, and then are undone by success. For example, it is
well known that the great heavyweight challenger Joe Louis Barrow was
considered not only a great champion and a great personality, but was
associated in many people's minds symbolically with being able to rise
above race to be a symbol for brotherhood, someone who sacrificed
financially for the United States by joining the Army during the war.
And his reward was to be persecuted by the Internal Revenue Service for
not paying taxes on purses and funds that he earned during that period
of time. As a result, it had tragic dimensions for him in later life.
These kinds of stories can be replicated over and over again
throughout the history of boxing. So what we have right now is the
opportunity, Mr. Chairman, for us to put together a commission that
will deal with some of the fundamental issues within the purview of the
Congress in terms of interstate regulation.
This has to do with health care and the capacity to see to it that
anybody engaged in boxing has access to and provision for health care
and for pensions for that time when they have to retire. There is no
reason why a percentage of every purse cannot be put into some kind of
fund that will guarantee a pension and access to a pension for those
engaged in boxing.
We have had great champions in Hawaii. Everyone has a story in this
regard, Stan Harrington and Bobo Olson, some of the folks that I had an
opportunity to know, and some of our champions right now, and potential
champions in Hawaii and elsewhere across the country. I ask that
everyone give us a chance to move this legislation along so we can
complete the opportunity that is before us.
Ms. SCHAKOWSKY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to thank the gentleman from Hawaii (Mr.
Abercrombie), who is himself a champion weight lifter, for weighing in
on this legislation. I appreciate it very much.
There are literally millions of people who enjoy the sport of boxing,
who watch it and follow it and who want to see that there is some
integrity in that sport. A lot has been said about the contenders
themselves, about the boxers. I would echo what my chairman, Mr.
Stearns, has said in response to
[[Page H10350]]
the question, why should we care? We should care about these young
boxers who are trying to follow their dreams and to help create a sport
that does guarantee them some level of standards of health and safety
and opportunity. And we should also care because it is a $500 million
industry in this country that has been plagued with lots of scandals
and irregularities.
So we are not talking about creating a major bureaucracy to oversee
this, we are looking at a self-funding body that would now add
professional boxing to every other sport that has some national
standards and national rules and regulations. I think it is fairly
modest in its construction, and I would certainly urge all Members on
both sides of the aisle to join us, and thank Members on both sides who
came down and supported this regulation.
Mr. Chairman, I yield back the balance of my time.
Mr. PICKERING. Mr. Chairman, some might not know this, but my State
of Mississippi has a great history of boxing. Archie Moore, from
Benoit, Mississippi, participated in professional boxing for over 27
years, holding the title of light heavyweight champion, and facing the
likes of Rocky Marciano and Cassius Clay, during his career. While he
went on to train Foreman and Ali, he will probably be best remembered
as holding the record for the most knockouts in a career at 141. What I
think is more important and that he may not be remembered as much for
was his integrity in such a scandalous and corrupt sport during the
years he boxed from 1936 to 1963. While we would have hoped boxing
would have progressed and reformed over the years, it has not. The
sport is still riddled with many problems, not the least is the
exploited nature of its athletes. Muhammed Ali once said this: ``I say
get an education. Become an electrician, a mechanic, a doctor, a
lawyer--anything but a fighter. In this trade, it's the managers that
make the money and last the longest.'' This seemingly benign statement
illustrates one small problem among the multitude of problems the sport
of boxing faces.
Today, many fans are saddened and upset by the lack of integrity they
see in professional boxing that has significantly weakened the sport--
the most deplorable problem of which is the treatment of the sport's
athletes. Without a doubt, professional boxers are the most exploited
athletes in our Nation. While Congress has made efforts to protect
professional boxers before, through the Professional Boxing Safety Act
of 1996 and the Muhammad Ali Boxing Reform Act of 2000, these are not
enough. The real problem today is the ineffective and inconsistent
oversight of professional boxing, which has led to continuing scandals,
controversies, unethical practices, and unnecessary injuries and deaths
in the sport. That is why we are here today.
Mr. Chairman, through the leadership of members of Congress like
Senator John McCain, Representative Cliff Stearns and Representative
Peter King, Congress is addressing and hopefully rectifying this
harrowing situation. In order to better protect boxers and the
integrity of professional boxing, we must establish a Federal
regulatory entity to oversee professional boxing and set basic uniform
standards for certain aspects of the sport. Consider this--professional
boxing remains the only major sport in the United States that does not
have a strong, centralized association, league, or other regulatory
body to establish and enforce uniform rules and practices. And because
a powerful few benefit greatly from the current system of patchwork
compliance and enforcement of Federal boxing law, a national self-
regulating organization--although preferable to Federal government
oversight--is not a realistic option.
Mr. Chairman, I was an original co-sponsor to Representative King's
bill, ``The Professional Boxing Amendments Act of 2005,'' which would
also establish a United States Boxing Commission that perform
substantially similar functions. I am very pleased that this idea is
finally being considered on the House floor. The troubles that plague
the sport of professional boxing undermine its credibility in the eyes
of the public and--more importantly--compromise the health and safety
of boxers. The creation of a Federal boxing commission would
effectively curb these problems. The Senate has passed Senator McCain's
boxing bill, S. 148, the Professional Boxing Amendments Act of 2005,
and I think it will be a travesty if the House does not do the same.
Therefore, Mr. Chairman, I rise in great support of this legislation
today and urge my colleagues to swiftly and expeditiously approve this
legislation.
House of Representatives, Committee on Education and the
Workforce,
Washington, DC, September 28, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce, Rayburn House
Office Building, Washington, DC.
Dear Chairman Barton: I am writing to confirm our mutual
understanding with respect to consideration of H.R. 1065, the
United States Boxing Commission Act, which was referred to
the Committee on Energy and Commerce and in addition the
Committee on Education and the Workforce. The Committee on
Energy and Commerce reported this bill on July 28, 2005.
As you know, provisions within H.R. 1065, directing a
United States Boxing Commission to establish health and
safety standards and a licensing registry for boxing
personnel, fall within the jurisdiction of the Committee on
Education and the Workforce. In addition, section 11 of the
bill requires the Commission to study and report to Congress
on health and safety standards in the boxing industry; this
provision likewise falls within the jurisdiction of the
Committee on Education and the Workforce.
I do not intend to delay consideration of H.R. 1065, nor
will I object to the scheduling of this bill for
consideration in the House of Representatives. However, I do
so only with the understanding that this procedural route
should not be construed to prejudice the Committee on
Education and the Workforce's jurisdictional interest and
prerogatives on these provisions or any other similar
legislation, and will not be considered as precedent for
consideration of matters of jurisdiction to my committee in
the future. Further, this understanding is based on the
agreement reached between our staffs to provide that the
study commissioned in section 11 of the bill is transmitted
to the Committee on Education and the Workforce, as well as
your committee. Finally, we would expect you to support our
request for appointment of conferees on these provisions
should a conference arise with the Senate.
I would ask that you include a copy of our exchange of
letters in the Congressional Record on this bill. Thank you
for your consideration and cooperation in this matter.
Sincerely,
John A. Boehner,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, October 5, 2005.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce, Rayburn
House Office Building, Washington, DC.
Dear Chairman Boehner: Thank you for your letter in regards
to H.R. 1065, the United States Boxing Commission Act, which
the Committee on Energy and Commerce ordered reported on June
29, 2005.
As the Committee on Education and the Workforce was named
as an additional Committee of jurisdiction upon the bill's
introduction, I acknowledge and appreciate your willingness
to not exercise your full referral on the bill. In doing so,
I agree that your decision to forgo further action on the
bill will not prejudice the Committee on Education and the
Workforce with respect to its jurisdictional prerogatives on
this legislation or similar legislation. Specifically, I
agree that the study commissioned in section 11 of the bill
should also be transmitted to the Committee on Education and
the Workforce. Further, I recognize your right to request
conferees on those provisions within the Committee on
Education and the Workforce's jurisdiction should they be the
subject of a House-Senate conference on this or similar
legislation.
I'm pleased that we can continue to move this bill forward,
and I look forward to working with you in that process. Per
your request, I will include your letter and this response
during consideration of H.R. 1065 on the House floor.
Sincerely,
Joe Barton,
Chairman.
The CHAIRMAN. All time for general debate has expired.
In lieu of the amendments recommended by the Committees on Energy and
Commerce and the Judiciary printed in the bill, it shall be in order to
consider as an original bill for the purpose of amendment under the 5-
minute rule an amendment in the nature of a substitute printed in part
A of House Report 109-295. That amendment in the nature of a substitute
shall be considered read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1065
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Strike all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Boxing
Commission Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Commission.--The term ``Commission'' means the United
States Boxing Commission established under section 3.
(2) Boxer.--The term ``boxer'' means an individual who
fights in a professional boxing match.
(3) Boxing commission.--The term ``boxing commission''
means an entity authorized under State or tribal law to
regulate professional boxing matches.
(4) Indian lands.--The term ``Indian lands'' has the
meanings given that terms by
[[Page H10351]]
paragraphs (4) of section 4 of the Indian Gaming Regulatory
Act (25 U.S.C. 2703).
(5) Judge.--The term ``judge'' means an official who scores
a boxing match to determine the winner.
(6) Manager.--The term ``manager'' means a person other
than a promoter who, under contract, agreement, or other
arrangement with a boxer, undertakes to control or
administer, directly or indirectly, a boxing-related matter
on behalf of that boxer, including a person who is a booking
agent for a boxer.
(7) Matchmaker.--The term ``matchmaker'' means a person
that proposes, selects, and arranges for boxers to
participate in a professional boxing match. Such term does
not include a hotel, casino, resort, or other commercial
establishment hosting or sponsoring a professional boxing
match, or a provider of cable, satellite, or network
television programming, unless--
(A) the hotel, casino, resort, or other commercial
establishment, or provider of cable, satellite, or network
television programming is primarily responsible for
proposing, selecting, and arranging for boxers to participate
in the professional boxing match; and
(B) there is no other person primarily responsible for
proposing, selecting, and arranging for boxers to participate
in the match.
(8) Referee.--The term ``referee'' means the official
inside the boxing ring who supervises the boxing match.
(9) Professional boxing match.--The term ``professional
boxing match'' means a boxing contest held in the United
States between individuals for financial compensation. Such
term does not include a boxing contest that is regulated by a
duly recognized amateur sports organization, as approved by
the Commission.
(10) Promoter.--The term ``promoter''--
(A) means the person primarily responsible for organizing,
promoting, and producing a professional boxing match; but
(B) does not include a hotel, casino, resort, or other
commercial establishment hosting or sponsoring a professional
boxing match, or a provider of cable, satellite, or network
television programming, unless--
(i) the hotel, casino, resort, or other commercial
establishment, or provider of cable, satellite, or network
television programming is primarily responsible for
organizing, promoting, and producing the match; and
(ii) there is no other person primarily responsible for
organizing, promoting, and producing the match.
(11) 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.
(12) 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.
(13) Suspension.--The term ``suspension'' includes within
its meaning the temporary revocation of a boxing license.
(14) 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)).
SEC. 3. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) In General.--The United States Boxing Commission is
established as a commission within the Department of
Commerce.
(b) Members.--
(1) In general.--The Commission shall consist of 3 members
appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--No member of the Commission may, while
serving as a member of the Commission--
(A) be engaged as a professional boxer, boxing promoter,
agent, fight manager, matchmaker, referee, judge, or in any
other capacity in the conduct of the business of professional
boxing;
(B) have any pecuniary interest in the earnings of any
boxer or the proceeds or outcome of any boxing match; or
(C) serve as a member of a boxing commission.
(3) Bipartisan membership.--Not more than 2 members of the
Commission may be members of the same political party.
(4) Geographic balance.--Not more than 2 members of the
Commission may be residents of the same geographic region of
the United States when appointed to the Commission. For
purposes of the preceding sentence, the area of the United
States east of the Mississippi River is a geographic region,
and the area of the United States west of the Mississippi
River is a geographic region.
(5) Terms.--
(A) In general.--The term of a member of the Commission
shall be 3 years. No member of the Commission shall serve
more than 2 terms.
(B) Midterm vacancies.--A member of the Commission
appointed to fill a vacancy in the Commission occurring
before the expiration of the term for which the member's
predecessor was appointed shall be appointed for the
remainder of that unexpired term.
(C) Continuation pending replacement.--A member of the
Commission may serve after the expiration of that member's
term until a successor has taken office.
(6) Removal.--A member of the Commission may be removed by
the President only for cause.
(c) Executive Director.--
(1) In general.--The Commission shall employ an Executive
Director to perform the administrative functions of the
Commission under this Act, and such other functions and
duties of the Commission as the Commission shall specify.
(2) Discharge of functions.--Subject to the authority,
direction, and control of the Commission the Executive
Director shall carry out the functions and duties of the
Commission under this Act.
(d) General Counsel.--The Commission shall employ a General
Counsel to provide legal counsel and advice to the Executive
Director and the Commission in the performance of its
functions under this Act, and to carry out such other
functions and duties as the Commission shall specify.
(e) Staff.--The Commission shall employ such additional
staff as the Commission considers appropriate to assist the
Executive Director and the General Counsel in carrying out
the functions and duties of the Commission under this Act.
(f) Meetings.--The Commission shall hold its first meeting
no later than 30 days after all members shall have been
appointed, and shall meet thereafter not less frequently than
once every 60 days.
(g) Compensation.--
(1) Members of commission.--
(A) In general.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission.
(B) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(2) Executive director and staff.--The Commission shall fix
the compensation of the Executive Director, the General
Counsel, and other personnel of the Commission. The rate of
pay for the Executive Director, the General Counsel, and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title 5,
United States Code.
SEC. 4. FUNCTIONS.
(a) General Functions.--The general functions of the
Commission are--
(1) to protect the general interests of boxers consistent
with the provisions of this Act;
(2) to ensure uniformity, fairness, and integrity in
professional boxing; and
(3) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United States.
(b) Initial Rulemaking.--Not later than 180 days after the
date on which the Commission shall hold its first meeting,
the Commission shall, by rule promulgate uniform standards
for professional boxing in consultation with the Association
of Boxing Commissions.
(c) Additional Functions.--In addition to its general
functions under subsection (a), the Commission shall--
(1) work with the boxing commissions of the several States
and tribal organizations to improve the status and standards
of professional boxing in the United States;
(2) ensure, in cooperation with the Attorney General, or a
designee of the Attorney General, (who shall represent the
Commission in any judicial proceeding under this Act), the
chief law enforcement officer of the several States, and
other appropriate officers and agencies of Federal, State,
and local government, that Federal and State laws applicable
to professional boxing matches in the United States are
vigorously, effectively, and fairly enforced;
(3) review State boxing commission regulations for
professional boxing and provide assistance to such
authorities in meeting minimum standards prescribed by the
Commission under this Act;
(4) if the Commission determines appropriate, publish a
newspaper, magazine, or other publication and establish and
maintain an Internet website consistent with the provisions
of this Act; and
(5) 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 Act.
(d) Prohibitions.--The Commission may not--
(1) promote boxing events or rank professional boxers; or
(2) provide technical assistance to, or authorize the use
of the name of the Commission by, boxing commissions that do
not comply with requirements of the Commission.
SEC. 5. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
(a) Licensing.--
[[Page H10352]]
(1) Requirement for license.--Beginning 1 year after the
date of enactment of this Act, no person may compete in a
professional boxing match or serve as a boxing manager,
boxing promoter, matchmaker, judge, referee, or sanctioning
organization for a professional boxing match except as
provided in a license granted to that person under this
subsection.
(2) Application and term.--
(A) In general.--The Commission shall--
(i) establish application procedures, forms, and fees for
licenses granted under this section;
(ii) establish and publish appropriate standards for such
licenses;
(iii) issue a license to any person who, as determined by
the Commission, meets the standards established by the
Commission under this Act; and
(iv) begin issuing such licenses not later than 270 days
after the date on which Commission holds its first meeting.
(B) Duration.--A license issued under this section shall be
for a renewable--
(i) 4-year term for a boxer; and
(ii) 2-year term for any other person.
(C) Procedure.--The Commission may issue a license under
this paragraph through boxing commissions or in a manner
determined by the Commission.
(b) Licensing Fees.--
(1) Authority.--The Commission may prescribe and charge
reasonable fees for the licensing of persons under this Act.
The Commission may set, charge, and adjust varying fees on
the basis of classifications of persons, functions, and
events determined appropriate by the Commission.
(2) Limitations.--In setting and charging fees under
paragraph (1), the Commission shall ensure that, to the
maximum extent practicable--
(A) club boxing is not adversely effected;
(B) sanctioning organizations and promoters pay
comparatively the largest portion of the fees; and
(C) boxers pay as small a portion of the fees as is
possible.
SEC. 6. NATIONAL REGISTRY OF BOXING PERSONNEL.
The Commission shall establish and maintain (or authorize a
third party to establish and maintain) a unified national
computerized registry for the collection, storage, and
retrieval of such information as the Commission shall
prescribe by rule related to the performance of its duties.
SEC. 7. CONSULTATION REQUIREMENTS.
The Commission shall consult with the Association of Boxing
Commissions--
(1) before prescribing any regulation or establishing any
standard under the provisions of this Act; and
(2) not less than once each year regarding matters relating
to professional boxing.
SEC. 8. MISCONDUCT.
(a) Suspension and Revocation of License or Registration.--
(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any license
issued under this Act if the Commission--
(A) finds that the license holder has violated any
provision of this Act or a standard prescribed under this
Act;
(B) reasonably believes that a standard prescribed by the
Commission under this Act 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) finds that the suspension or revocation is in the
public interest.
(2) Period of suspension.--A suspension of a license under
this section shall be effective for a period determined
appropriate by the Commission.
(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period
of not less than 1 year.
(b) Investigations and Injunctions.--
(1) Authority.--The Commission may--
(A) conduct any investigation that it considers necessary
to determine whether any person has violated, or is about to
violate, any provision of this Act or any regulation
prescribed under this Act;
(B) require or permit any person to file with it a
statement in writing, under oath or otherwise as the
Commission shall determine, as to all the facts and
circumstances concerning the matter to be investigated;
(C) in its discretion, publish information concerning any
violations; and
(D) investigate any facts, conditions, practices, or
matters to aid in the enforcement of the provisions of this
Act, in the prescribing of regulations under this Act, or in
securing information to serve as a basis for recommending
legislation concerning the matters to which this Act relates.
(2) Powers.--
(A) In general.--For the purpose of any investigation under
paragraph (1) or any other proceeding under this Act--
(i) any officer designated by the Commission may administer
oaths and affirmations, subpoena or otherwise compel the
attendance of witnesses, take evidence, and require the
production of any books, papers, correspondence, memoranda,
or other records the Commission considers relevant or
material to the inquiry; and
(ii) the provisions of sections 6002 and 6004 of title 18,
United States Code, shall apply.
(B) Witnesses and evidence.--The attendance of witnesses
and the production of any documents under subparagraph (A)
may be required from any place in the United States,
including Indian land, at any designated place of hearing.
(3) Enforcement of subpoenas.--
(A) Civil action.--In case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Commission may
file an action in any district court of the United States
within the jurisdiction of which an investigation or
proceeding is carried out, or where that person resides or
carries on business, to enforce the attendance and testimony
of witnesses and the production of books, papers,
correspondence, memorandums, and other records. The court may
issue an order requiring the person to appear before the
Commission to produce records, if so ordered, or to give
testimony concerning the matter under investigation or in
question.
(B) Failure to obey.--Any failure to obey an order issued
by a court under subparagraph (A) may be punished as contempt
of that court.
(C) Process.--All process in any contempt case under
subparagraph (A) may be served in the judicial district in
which the person is an inhabitant or in which the person may
be found.
(D) Administrative subpoenas.--The requirements of section
3486 of title 18, United States Code, shall apply to the
administration and enforcement of subpoenas under this Act.
(4) Evidence of criminal misconduct.--No person may be
excused from attending and testifying or from producing
books, papers, contracts, agreements, and other records and
documents before the Commission, in obedience to the subpoena
of the Commission, or in any cause or proceeding instituted
by the Commission, on the ground that the testimony or
evidence, documentary or otherwise, required of that person
may tend to incriminate the person or subject the person to a
penalty or forfeiture.
(5) Injunctive relief.--If the Commission determines that
any person is engaged or about to engage in any act or
practice that constitutes a violation of any provision of
this Act, or of any regulation prescribed under this Act, the
Commission may bring an action in the appropriate district
court of the United States, the United States District Court
for the District of Columbia, or the United States courts of
any territory or other place subject to the jurisdiction of
the United States, to enjoin the act or practice, and upon a
proper showing, the court shall grant without bond a
permanent or temporary injunction or restraining order.
(6) Mandamus.--Upon application of the Commission, the
district courts of the United States, the United States
District Court for the District of Columbia, and the United
States courts of any territory or other place subject to the
jurisdiction of the United States, shall have jurisdiction to
issue writs of mandamus commanding any person to comply with
the provisions of this Act or any order of the Commission.
(c) Intervention in Civil Actions.--
(1) In general.--The Commission, on behalf of the public
interest, may intervene of right as provided under rule 24(a)
of the Federal Rules of Civil Procedure in any civil action
relating to professional boxing filed in a district court of
the United States.
(2) Amicus filing.--The Commission may file a brief in any
action filed in a court of the United States on behalf of the
public interest in any case relating to professional boxing.
(d) Hearings by Commission.--Hearings conducted by the
Commission under this Act shall be public and may be held
before any officer of the Commission. The Commission shall
keep appropriate records of the hearings.
SEC. 9. NONINTERFERENCE WITH BOXING COMMISSIONS.
(a) Noninterference.--Nothing in this Act prohibits any
boxing commission from exercising any of its powers, duties,
or functions with respect to the regulation or supervision of
professional boxing or professional boxing matches to the
extent not inconsistent with the provisions of this Act.
(b) Minimum Standards.--Nothing in this Act prohibits any
boxing commission from enforcing local standards or
requirements that exceed the minimum standards or
requirements promulgated by the Commission under this Act.
SEC. 10. ASSISTANCE FROM OTHER AGENCIES.
Any employee of any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality may be detailed to the Commission, upon the
request of the Commission, on a reimbursable or
nonreimbursable basis, with the consent of the appropriate
authority having jurisdiction over the employee. While so
detailed, an employee shall continue to receive the
compensation provided pursuant to law for the employee's
regular position of employment and shall retain, without
interruption, the rights and privileges of that employment.
SEC. 11. STUDIES.
(a) Health and Safety Study.--
(1) Study.--The Commission shall conduct a study on the
health and safety aspects of boxing, including an examination
of--
(A) the risks or serious injury and the nature of potential
injuries, including risks particular to boxers of each sex;
(B) the long term effect of boxing on the health of boxers;
(C) the availability of health insurance for boxers;
[[Page H10353]]
(D) the extent to which differences in equipment effect the
risks of potential injury; and
(E) the effectiveness of safety standards and regulations.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report
on the study required by this section to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, including recommendations to improve the
health and safety aspects of boxing.
(b) Study on the Definition of Promoter.--
(1) Study.--The United States Boxing Commission shall
conduct a study on how the term ``promoter'' should be
defined for purposes of the United States Boxing Commission
Act.
(2) Hearings.--As part of that study, the Commission shall
hold hearings and solicit testimony at those hearings from
boxers, managers, promoters, premium, cable, and satellite
program service providers, hotels, casinos, resorts, and
other commercial establishments that host or sponsor
professional boxing matches, and other interested parties
with respect to the definition of that term as it is used in
the United States Boxing Commission Act.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the study conducted under
subsection (a). The report shall--
(A) set forth a proposed definition of the term
``promoter'' for purposes of the United States Boxing
Commission Act; and
(B) describe the findings, conclusions, and rationale of
the Commission for the proposed definition, together with any
recommendations of the Commission, based on the study.
SEC. 12. REPORTS.
(a) Annual Report.--Not later than 2 years after the date
of enactment of this Act, and each year thereafter, the
Commission shall submit a report on its activities to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives. The annual report shall include--
(1) a detailed discussion of the activities of the
Commission for the year covered by the report;
(2) an overview of the licensing and enforcement activities
of the State and tribal organization boxing commissions; and
(3) recommendations regarding additional persons or
entities within the sport of boxing over whom to extend the
licensing requirement established by this Act.
(b) Public Report.--The Commission shall annually issue and
publicize a report of the Commission on the progress made at
Federal and State levels and on Indian lands in the reform of
professional boxing, which shall include comments on issues
of continuing concern to the Commission.
SEC. 13. SUNSET PROVISION.
This Act shall cease to have effect 12 years after the date
of enactment of this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for the Commission for each fiscal year such sums as may be
necessary for the Commission to perform its functions for
that fiscal year.
(b) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, United States Code,
any fee collected under this Act--
(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.
The CHAIRMAN. No amendment to that amendment shall be in order except
those printed in part B of the report. Each amendment may be offered
only in the order printed in the report, may be offered only by a
Member designated in the report, shall be considered read, debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Amendment No. 1 Offered by Mr. Stearns
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 1 printed in House Report 109-295
offered by Mr. Stearns:
In the heading of subsection (b) of section 5, strike
``Licensing''.
In section 5(b)(1), strike ``reasonable fees for the
licensing of persons under this Act'' and insert ``, for the
licensing of persons under this Act, reasonable fees
sufficient for the operation of the Commission and the
administration of this Act''.
In section 14(b), strike ``under this Act--'' and insert
``under this Act shall, subject to appropriations--''.
In section 14(b), strike paragraphs (1) and (2) and insert
the following:
(1) be credited as offsetting collections against any
amounts appropriated pursuant to subsection (a); and
In section 14(b), strike ``(3) shall remain'' and insert
``(2) remain''.
The CHAIRMAN. Pursuant to House Resolution 553, the gentleman from
Florida (Mr. Stearns) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
I am offering today a manager's amendment that will perfect the
underlying bill to ensure that H.R. 1065 is a fiscally sound piece of
legislation that uses a self-funding mechanism for the United States
Boxing Commission established under the act.
Let me be crystal clear to my colleagues, taxpayers are not being
forced to pay for the USBC. Boxers, boxing personnel and the
sanctioning organization, such as the World Boxing Association, WBA,
the International Boxing Federation, IBF, and so on, will provide the
funds, through payment of license and other fees, which will be
collected by the USBC.
Specifically, my amendment will do the following: Section 5 of the
bill will be amended to clarify that fees authorized and collected
shall be available to fund the operation of the United States Boxing
Commission and administration of this act.
Section 14 of the bill will be amended to clarify that offsetting
collections are available to the USBC subject to appropriation. This is
a very good amendment. It is bipartisan. The bill itself will save
lives, protect vulnerable athletes and help get the sport of boxing
back in fighting shape.
First and foremost, it will end the corruption and abuse that has
plagued the sport for so long so America will regain its pride in
boxing and all of its wonderful champions. Moreover, it will be done in
a fiscally responsible way. I urge my colleagues to support this
perfecting amendment and support H.R. 1065.
Mr. Chairman, I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Chairman, I ask unanimous consent to claim the
time in opposition, although I do not oppose the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Illinois?
There was no objection.
Ms. SCHAKOWSKY. Mr. Chairman, I yield myself such time as I may
consume.
I just want to make a few remarks in support of the Stearns
amendment. The Stearns amendment would ensure that establishment of the
boxing commission would not be a burden to the taxpayers. It would
require that the fees collected from the licenses go to offset the cost
of running the commission. The amendment is fiscally responsible, and
it is consistent with PAYGO principles that helped us achieve budget
surpluses in the 1990s.
This amendment was crafted in consultation with the Committee on
Appropriations and achieves the stated objective. While I believe that
boxing needs to have serious oversight, I also believe it should be
paid for by those who profit and promote the ringside event. It is the
least they can do for the sport they love, and I urge my colleagues to
support this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Stearns).
The amendment was agreed to.
Amendment No. 2 Offered by Ms. Schakowsky
Ms. SCHAKOWSKY. Mr. Chairman, as the designee of Mr. Filner of
California, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 2 printed in House Report 109-295
offered by Ms. Schakowsky:
In section 4(c)(4), strike ``; and'' and insert a
semicolon.
In section 4(c)(5), strike the period at the end and insert
a semicolon.
At the end of section 4(c), insert the following:
(6) require a copy of any contract for a boxing match to be
filed with the Commission or
[[Page H10354]]
with a state boxing authority at a time and in a manner
determined appropriate by the Commission;
(7) establish minimum standards for the availability of
medical services at professional boxing matches;
(8) encourage a life, accident, and health insurance fund
for professional boxers and other members of the professional
boxing community; and
(9) conduct discussions and enter into agreements with
foreign boxing entities on methods of applying minimum health
and safety standards to foreign boxing events and foreign
boxers, trainers, cut men, referees, judges, ringside
physicians, and other professional boxing personnel.
In section 12(a)(2), strike ``; and'' and insert a
semicolon.
In section 12(a)(3), strike the period and insert ``;
and''.
In section 12(a), insert after paragraph (3) the following:
(4) recommendations regarding the feasibility of
establishing a pension system for professional boxing
participants.
The CHAIRMAN. Pursuant to House Resolution 553, the gentlewoman from
Illinois (Ms. Schakowsky) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Illinois.
{time} 1645
Ms. SCHAKOWSKY. Mr. Chairman, this amendment enhances safeguards to
protect professional boxers. We all know that boxing is a tough sport
with even tougher consequences and it is essential that we protect
boxers as much as possible.
Unfortunately, there are varying standards among the States on what
type of medical services need to be available during boxing matches.
Because appropriate medical care is critical in determining whether the
fighter injured in the match will recover, suffer permanent damage or
will die, depending on the extent of the injury, this amendment would
call on the boxing commission to establish minimum standards and what
type of medical services must be available at professional boxing
matches.
Additionally, many boxers only have insurance coverage the night of
the fight. It is not surprising that many insurance companies do not
offer boxers health and life insurance policies at affordable rates for
the rest of the time. And not every boxer is a prize fighter taking
home a big purse. This amendment would simply encourage the Boxing
Commission to establish an insurance fund to cover members of the
professional boxing community.
We have all heard of the destitute boxer struggling to get by. This
amendment would call on the Boxing Commission to come forward on
recommendations regarding the feasibility of the pension system for
professional boxing participants. Remember, again, this is asking them
to come forward simply with a recommendation regarding the feasibility
of a pension system.
Finally, like most other sports, boxing is an international business.
As such, I believe it is important for the Boxing Commission to enter
into agreements with other foreign boxing entities to set minimum
health standards for boxers who fight overseas.
All of these measures are important to improve the sport and to
provide additional safeguards to boxing, and I urge support of this
amendment.
Mr. STEARNS. Mr. Chairman, will the gentlewoman yield?
Ms. SCHAKOWSKY. I yield to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I rise in support of my colleague's
amendment, and I think I would accept it. Both our staffs have looked
at this. We think it is a good improvement on the bill, and so I
commend the gentlewoman for her extra work here on the amendment and
the gentleman from California (Mr. Filner) who has also been involved
with it.
Ms. SCHAKOWSKY. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Illinois (Ms. Schakowsky).
The amendment was agreed to.
Amendment No. 4 Offered by Ms. Schakowsky
Ms. SCHAKOWSKY. Mr. Chairman, as the designee of Mr. Filner of
California, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 4 printed in House Report 109-295
offered by Ms. Schakowsky:
After section 5, insert the following (and redesignate
succeeding sections accordingly):
SEC. 6. ARCHIE MOORE CRITERIA FOR RATING BOXERS.
(a) Publication by Commission.--Not later than 1 year after
the date of enactment of this Act, the Commission shall
develop and publish guidelines establishing consistent and
objective criteria for the rating of professional boxers.
(b) Adoption by Sanctioning Organizations.--Beginning 90
days after the promulgation of the guidelines under
subsection (a), no sanctioning organization may be issued a
license under this Act unless such organization shall adopt
and carry out policies and procedures for the rating of
professional boxers that are consistent with such guidelines.
The CHAIRMAN. Pursuant to House Resolution 553, the gentlewoman from
Illinois (Ms. Schakowsky) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Illinois.
Ms. SCHAKOWSKY. Mr. Chairman, the gentleman from California (Mr.
Filner) named this the Archie Moore Criteria for Rating Boxers. So the
reason that he called this amendment the Archie Moore criteria for
rating boxers is because Archie Moore, also known as the Old Mongoose,
held the light middleweight title for 10 years. By the time of his
retirement, after 197 fights, Archie had compiled a truly unassailable
sports record of 145 knockouts. All of this is even more remarkable
when one considers that he spent a large part of his career,
approximately 16 years, traveling to an unending string of boxing honky
tonks open to fighters who could not break into the big leagues.
Archie did not get a title shot until he turned 39, a time when most
boxers retire. There were many barriers preventing great boxers like
Archie from rising through the ranks. One primarily being a broken
rating system for boxers.
It is the job of the sanctioning organizations to rate boxers and to
designate a champion. Sanctioning organizations make their money by
sanctioning champion fights. The higher a fighter is rated, the more
likely it will be for him to get high paying fights, especially
championship fights.
However, often rankings are not based on objective talent or win-loss
records; rather, boxers who belong to certain promoters may be highly
ranked regardless of skill and ability. A fighter could be the best in
his weight class, but if he is not associated with the right people he
may not be ranked and thus lose his chance to further his career.
Previously, Congress passed legislation under the Mohammed Ali act to
require all sanctioning organizations to develop credible and
consistent ratings criteria. However, there are still problems with the
system.
For example, one of the sanctioning organizations had a dead man
ranked in the top 10 of a super middle weight division for 4 months.
During the 4 months in which the dead man was actually ranked, he moved
up in the ratings, going from Number 7 to Number 5.
This is just one incident on a long list of problems associated with
the ratings system conducted by boxing sanctioning organizations.
Obviously, something is wrong, and something ought to be done.
My amendment will require the Boxing Commission to establish
guidelines for rating boxers. These guidelines must be followed by
organizations that sanction boxing events. My amendment does not strip
boxing sanctioning organizations from ranking boxers; however, it does
require them to adhere to a set criteria established by the Boxing
Commission.
Boxing will never be the sport it once was until the rating system is
made more legitimate and respectable, which is why I am asking you to
support my amendment.
Mr. Chairman, I yield to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, I thank the gentlewoman from Florida for
yielding. I do not rise in opposition. I think this amendment is good.
We accept it. I would point out, during the hearing, we had a boxer who
died of natural causes and as a result of that he rose in the ranking
because of the lack of standards that are set. And so I think, in this
case, her amendment would be worthwhile, so that this sort
[[Page H10355]]
of anomaly does not occur again in which a boxer dies naturally and he
rises in rank in the standing in the overall professional standing. So
I rise in support of the amendment.
Ms. SCHAKOWSKY. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Illinois (Ms. Schakowsky).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Sodrel
Mr. SODREL. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 5 printed in House Report 109-295
offered by Mr. Sodrel:
Strike section 14.
The CHAIRMAN. Pursuant to House Resolution 553, the gentleman from
Indiana (Mr. Sodrel) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Indiana.
Modification to Amendment No. 5 Offered by Mr. Sodrel
Mr. SODREL. Mr. Chairman, I ask unanimous consent that the amendment
be modified by the modification at the desk.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification offered by Mr. Sodrel:
In lieu of the matter proposed:
In section 14, strike ``AUTHORIZATION OF APPROPRIATIONS''
and insert ``RECEIPTS CREDITED AS OFFSETTING COLLECTIONS''.
In section 14, strike subsection (a).
In section 14, strike ``(b) Receipts Credited as Offsetting
Collections.--''.
In section 14, strike ``pursuant to subsection (a)'' and
insert ``to fund this Act''.
The CHAIRMAN. The gentleman from Indiana is recognized for 5 minutes
in support of his amendment, as modified.
Mr. SODREL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the sport of boxing is an amusement. It is a luxury
often costing participants hundreds of dollars to attend a single prize
fight.
In a time when we are searching for ways to fund necessities, we
should not expose the taxpayer to a left hook and the possibility of
paying millions of dollars to clean up corruption of a highly
profitable business that estimates are brings in a billion dollars a
year.
I commend the gentleman from Florida for working with me to ensure
that taxpayers keep their guard up to prevent them from sharing the
burden of paying for this commission.
I am still uncomfortable with the prospect of the Federal Government
serving directly as the referee for licensing and regulating commercial
sports.
Other professional sports, baseball, football, hockey, basketball all
have their own governing body to thwart the problems now faced by the
professional boxing industry.
However, if it must be done, then we must ensure that the costs fall
on those that have generated the need for regulation and who benefit
the most from boxing industry's revenues.
I believe my amendment will ensure this commission will be funded
exclusively by licensing fees on the boxing industry participants and
not from appropriations of general funds.
I ask my colleagues to support this amendment to hold the boxing
industry accountable to pay for its own regulation.
Mr. Chairman, I yield 2 minutes to the gentleman from Florida (Mr.
Stearns).
Mr. STEARNS. Mr. Chairman, the gentleman's amendment, I think,
improves the bill quite a bit, addresses the fee language to ensure
that the fees collected pursuant to the act are credited, as the
gentleman mentioned, as offsetting collections only for the purpose of
funding the commission. It is important to ensure that any fee
collected is used expressly for the purpose intended, namely, the
funding of this commission.
User fees are common throughout most industries and are often used to
fund activities that, other than the purpose of the fee that is
collected. We know that. We see that oftentimes in Congress. But this
amendment will ensure that this does not happen. So I think it is very
good. And I compliment the gentleman for it. It is a good policy. The
insurance commission is the only entity that receives the industry fees
that it is collecting from. It has bipartisan support, and I appreciate
the gentleman working with me and my staff, and I commend my colleagues
to vote and support it.
Mr. SODREL. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment, as modified, offered
by the gentleman from Indiana (Mr. Sodrel).
The amendment, as modified, was agreed to.
The CHAIRMAN. The question is on the amendment in the nature of a
substitute, as amended.
The amendment in the nature of a substitute, as amended, was agreed
to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Putnam) having assumed the chair, Mr. Simpson, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1065) to
establish the United States Boxing Commission to protect the general
welfare of boxers and to ensure fairness in the sport of professional
boxing, pursuant to House Resolution 553, he reported the bill back to
the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment in the
nature of a substitute adopted by the Committee of the Whole? If not,
the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. STEARNS. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 8 of rule XX, this 15-minute vote on passage of
H.R. 1065 will be followed by 5-minute votes on motions to suspend the
rules and agree to H. Con. Res. 230 and H. Con. Res. 268.
The vote was taken by electronic device, and there were--yeas 190,
nays 233, not voting 10, as follows:
[Roll No. 592]
YEAS--190
Abercrombie
Ackerman
Allen
Baca
Baird
Baldwin
Barrow
Barton (TX)
Bass
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blunt
Boren
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Burgess
Butterfield
Buyer
Capps
Cardin
Carnahan
Castle
Chandler
Clay
Clyburn
Conyers
Cramer
Crowley
Cubin
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Tom
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Dicks
Dingell
Doggett
Doyle
Ehlers
Emanuel
Engel
Eshoo
Evans
Farr
Fattah
Filner
Fitzpatrick (PA)
Fortenberry
Gerlach
Gibbons
Gilchrest
Gillmor
Gonzalez
Green, Gene
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Herseth
Higgins
Hinchey
Hinojosa
Holden
Honda
Hooley
Hoyer
Hyde
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (NY)
Kirk
Kucinich
Langevin
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lungren, Daniel E.
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy
McCollum (MN)
McGovern
McIntyre
McKinney
McNulty
Meehan
Meeks (NY)
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Napolitano
Neal (MA)
Oberstar
Obey
[[Page H10356]]
Olver
Ortiz
Osborne
Owens
Pascrell
Pelosi
Pickering
Pitts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rangel
Reyes
Rogers (KY)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Shimkus
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solis
Spratt
Stearns
Strickland
Stupak
Tauscher
Thomas
Thompson (CA)
Thompson (MS)
Towns
Udall (CO)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Waters
Watson
Waxman
Weiner
Weldon (FL)
Wexler
Whitfield
Woolsey
Wynn
Young (FL)
NAYS--233
Aderholt
Akin
Alexander
Andrews
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Bean
Beauprez
Berry
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blumenauer
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burton (IN)
Calvert
Camp
Cannon
Cantor
Capito
Capuano
Cardoza
Carson
Carter
Case
Chabot
Chocola
Cleaver
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Crenshaw
Cuellar
Culberson
Davis (KY)
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Emerson
English (PA)
Etheridge
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Ford
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holt
Hostettler
Hulshof
Hunter
Inglis (SC)
Istook
Jindal
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
King (IA)
Kingston
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Larsen (WA)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McDermott
McHenry
McHugh
McKeon
McMorris
Meek (FL)
Melancon
Menendez
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Murphy
Murtha
Musgrave
Myrick
Nadler
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Otter
Oxley
Pallone
Pastor
Paul
Payne
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Platts
Poe
Pombo
Price (GA)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (MI)
Rohrabacher
Ross
Rothman
Royce
Ryan (WI)
Ryun (KS)
Salazar
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shuster
Simpson
Smith (TX)
Snyder
Sodrel
Souder
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Tierney
Turner
Udall (NM)
Walsh
Wamp
Wasserman Schultz
Watt
Weldon (PA)
Weller
Westmoreland
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Young (AK)
NOT VOTING--10
Boswell
Cunningham
Davis (FL)
Edwards
Jenkins
Lantos
Reichert
Ros-Lehtinen
Stark
Taylor (MS)
{time} 1727
Mr. FORD, Ms. HART, Mr. BONNER, Mr. RADANOVICH, Mrs. BONO, Messrs.
DAVIS of Tennessee, GINGREY, KELLER, McCAUL of Texas, AL GREEN of
Texas, CLEAVER, ROGERS of Alabama, SULLIVAN, POMBO, Ms. EDDIE BERNICE
JOHNSON of Texas, Messrs. MURTHA, UDALL of New Mexico, GORDON,
ADERHOLT, ROSS and Ms. KAPTUR changed their vote from ``yea'' to
``nay.''
Messrs. DAVIS of Illinois, GUTIERREZ, OLVER, HALL, BERMAN, BACA,
KENNEDY of Rhode Island, GONZALEZ, LEVIN, GEORGE MILLER of California
and KUCINICH changed their vote from ``nay'' to ``yea.''
So the bill was not passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________