[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Pages 5912-5924]
[From the U.S. Government Publishing Office, www.gpo.gov]




               PROFESSIONAL BOXING AMENDMENTS ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 98, S. 275.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 275) to amend the Professional Boxing Safety Act 
     of 1996, and to establish a United States Boxing 
     Administration.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 275

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

     [SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       [(a) Short Title.--This Act may be cited as the 
     ``Professional Boxing Amendments Act of 2003''.
       [(b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     [SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

       [Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.).

     [SEC. 3. DEFINITIONS.

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

     [``SEC. 2. DEFINITIONS.

       [``In this Act:
       [``(1) Administration.--The term `Administration' means the 
     United States Boxing Administration.
       [``(2) Bout agreement.--The term `bout agreement' means a 
     contract between a promoter and a boxer which requires the 
     boxer to participate in a professional boxing match with a 
     designated opponent on a particular date.
       [``(3) Boxer.--The term `boxer' means an individual who 
     fights in a professional boxing match.
       [``(4) Boxing commission.--The term `boxing commission' 
     means an entity authorized under State or tribal law to 
     regulate professional boxing matches.
       [``(5) Boxer registry.--The term `boxer registry' means any 
     entity certified by the Association of Boxing Commissions for 
     the purposes of maintaining records and identification of 
     boxers.
       [``(6) Boxing service provider.--The term `boxing service 
     provider' means a promoter, manager, sanctioning body, 
     licensee, or matchmaker.
       [``(7) Contract provision.--The term `contract provision' 
     means any legal obligation between a boxer and a boxing 
     service provider.
       [``(8) Indian lands; indian tribe.--The terms `Indian 
     lands' and `Indian tribe' have the meanings given those terms 
     by paragraphs (4) and (5), respectively, of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703).
       [``(9) Licensee.--The term `licensee' means an individual 
     who serves as a trainer, second, or cut man for a boxer.
       [``(10) Local boxing authority.--The term `local boxing 
     authority' means--
       [``(A) any agency of a State, or of a political subdivision 
     of a State, that has authority under the laws of the State to 
     regulate professional boxing; and
       [``(B) any agency of an Indian tribe that is authorized by 
     the Indian tribe or the governing body of the Indian tribe to 
     regulate professional boxing on Indian lands.
       [``(11) Manager.--The term `manager' means a person who, 
     under contract, agreement, or other arrangement with a boxer, 
     undertakes to control or administer, directly or indirectly, 
     a boxing-related matter on behalf of that boxer, including a 
     person who is a booking agent for a boxer.
       [``(12) Matchmaker.--The term `matchmaker' means a person 
     that proposes, selects, and arranges the boxers to 
     participate in a professional boxing match.
       [``(13) Physician.--The term `physician' means a doctor of 
     medicine legally authorized to practice medicine by the State 
     in which the physician performs such function or action.
       [``(14) Professional boxing match.--The term `professional 
     boxing match' means a boxing contest held in the United 
     States between individuals for financial compensation. The 
     term `professional boxing match' does not include a boxing 
     contest that is regulated by a duly recognized amateur sports 
     organization, as approved by the Administration.
       [``(15) Promoter.--The term `promoter' means the person 
     responsible for organizing, promoting, and producing a 
     professional boxing match. The term `promoter' does not 
     include a premium or other cable or satellite program 
     service, hotel, casino, resort, or other commercial 
     establishment hosting or sponsoring a professional boxing 
     match unless--
       [``(A) the premium or other cable or satellite program 
     service, hotel, casino, resort, or other commercial 
     establishment has a promotional agreement with a boxer in the 
     match; or
       [``(B) there is another person responsible for organizing, 
     promoting, and producing the match who is affiliated with the 
     premium or other cable or satellite program service, hotel, 
     casino, resort, or other commercial establishment.
       [``(16) Promotional agreement.--The term `promotional 
     agreement' means a contract between a any person and a boxer 
     under which the boxer grants to that person the right to 
     secure and arrange all professional boxing matches requiring 
     the boxer's services for--
       [``(A) a prescribed period of time; or
       [``(B) a prescribed number of professional boxing matches.
       [``(17) State.--The term `State' means each of the 50 
     States, Puerto Rico, the District of Columbia, and any 
     territory or possession of the United States, including the 
     Virgin Islands.
       [``(18) Effective date of the contract.--The term 
     `effective date of the contract' means the day upon which a 
     boxer becomes legally bound by the contract.
       [``(19) Sanctioning organization.--The term `sanctioning 
     organization' means an organization, other than a boxing 
     commission, that sanctions professional boxing matches, ranks 
     professional boxers, or charges a sanctioning fee for 
     professional boxing matches in the United States--
       [``(A) between boxers who are residents of different 
     States; or
       [``(B) that are advertised, otherwise promoted, or 
     broadcast (including closed circuit television) in interstate 
     commerce.
       [``(20) Suspension.--The term `suspension' includes within 
     its meaning the revocation of a boxing license.

[[Page 5913]]

       [``(21) Tribal organization.--The term `tribal 
     organization' has the same meaning as in section 4(l) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(l)).''.
       [(b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is 
     amended to read as follows:

     [``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN 
                   LANDS.

       [(a) In General.--Notwithstanding any other provision of 
     law, a tribal organization may establish a boxing commission 
     to regulate professional boxing matches held on Indian land 
     under the jurisdiction of that tribal organization.
       [``(b) Contract with a Boxing Commission.--A tribal 
     organization that does not establish a boxing commission 
     shall execute a contract with the Association of Boxing 
     Commissions, or a boxing commission that is a member of the 
     Association of Boxing Commissions, to regulate any 
     professional boxing match held on Indian land under the 
     jurisdiction of that tribal organization. If the match is 
     regulated by the Association of Boxing Commissions, the match 
     shall be regulated in accordance with the guidelines 
     established by the United States Boxing Administration. If 
     the match is regulated by a boxing commission from a State 
     other than the State within the borders of which the Indian 
     land is located, the match shall be regulated in accordance 
     with the applicable requirements of the State where the match 
     is held.
       [``(c) Standards and Licensing.--A tribal organization that 
     establishes a boxing commission shall, by tribal ordinance or 
     resolution, establish and provide for the implementation of 
     health and safety standards, licensing requirements, and 
     other requirements relating to the conduct of professional 
     boxing matches that are at least as restrictive as--
       [``(1) the otherwise applicable requirements of the State 
     in which the Indian land on which the professional boxing 
     match is held is located; or
       [``(2) the guidelines established by the United States 
     Boxing Administration.''.

     [SEC. 4. PURPOSES.

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

     [SEC. 5. USBA APPROVAL, OR ABC OR COMMISSION SANCTION, 
                   REQUIRED FOR MATCHES.

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

     [``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

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

     [SEC. 6. SAFETY STANDARDS.

       [Section 5 (15 U.S.C. 6304) is amended--
       [(1) by striking ``requirements or an alternative 
     requirement in effect under regulations of a boxing 
     commission that provides equivalent protection of the health 
     and safety of boxers:'' and inserting ``requirements:'';
       [(2) by adding at the end of paragraph (1) ``The 
     examination shall include testing for infectious diseases in 
     accordance with standards established by the 
     Administration.'';
       [(3) by striking paragraph (2) and inserting the following:
       [``(2) An ambulance continuously present on site.'';
       [(4) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (2) 
     the following:
       [``(3) Emergency medical personnel with appropriate 
     resuscitation equipment continuously present on site.''; and
       [(5) by striking ``match.'' in paragraph (5), as 
     redesignated, and inserting ``match in an amount prescribed 
     by the Administration.''.

     [SEC. 7. REGISTRATION.

       [Section 6 (15 U.S.C. 6305) is amended--
       [(1) by inserting ``or Indian tribe'' after ``State'' the 
     second place it appears in subsection (a)(2);
       [(2) by striking the first sentence of subsection (c) and 
     inserting ``A boxing commission shall, in accordance with 
     requirements established by the Administration, make a health 
     and safety disclosure to a boxer when issuing an 
     identification card to that boxer.'';
       [(3) by striking ``should'' in the second sentence of 
     subsection (c) and inserting ``shall, at a minimum,''; and
       [(4) by adding at the end the following:
       [``(d) Copy of Registration To Be Sent to Administration.--
     A boxing commission shall furnish a copy of each registration 
     received under subsection (a) to the Administration.''.

     [SEC. 8. REVIEW.

       [Section 7 (15 U.S.C. 6306) is amended--
       [(1) by striking paragraphs (3) and (4) of subsection (a) 
     and inserting the following:
       [``(3) Procedures to review a summary suspension when a 
     hearing before the boxing commission is requested by a boxer, 
     licensee, manager, matchmaker, promoter, or other boxing 
     service provider which provides an opportunity for that 
     person to present evidence.'';
       [(2) by striking subsection (b); and
       [(3) by striking ``(a) Procedures.--''.

     [SEC. 9. REPORTING.

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

     [SEC. 10. CONTRACT REQUIREMENTS.

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

     [``SEC. 9. CONTRACT REQUIREMENTS.

       [``(a) In General.--The Administration, in consultation 
     with the Association of Boxing Commissions, shall develop 
     guidelines for minimum contractual provisions that shall be 
     included in each bout agreement, boxer-manager contract, and 
     promotional agreement. Each boxing commission shall ensure 
     that these minimal contractual provisions are present in any 
     such agreement or contract submitted to it.
       [``(b) Filing and Approval Requirements.--
       [``(1) Administration.--A manager or promoter shall submit 
     a copy of each boxer-manager contract and each promotional 
     agreement between that manager or promoter and a boxer to the 
     Administration, and, if requested, to the boxing commission 
     with jurisdiction over the bout.
       [``(2) Boxing commission.--A boxing commission may not 
     approve a professional boxing match unless a copy of the bout 
     agreement related to that match has been filed with it and 
     approved by it.
       [``(c) Bond or Other Surety.--A boxing commission may not 
     approve a professional boxing match unless the promoter of 
     that match has posted a surety bond, cashier's check, letter 
     of credit, cash, or other security with the boxing commission 
     in an amount acceptable to the boxing commission.''.

     [SEC. 11. COERCIVE CONTRACTS.

       [Section 10 (15 U.S.C. 6307b) is amended--
       [(1) by striking paragraph (3) of subsection (a);
       [(2) by inserting ``or elimination'' after ``mandatory'' in 
     subsection (b).

     [SEC. 12. SANCTIONING ORGANIZATIONS.

       [(a) In General.--Section 11 (15 U.S.C. 6307c) is amended 
     to read as follows:

     [``SEC. 11. SANCTIONING ORGANIZATIONS.

       [``(a) Objective Criteria.--Within 1 year after the date of 
     enactment of the Professional Boxing Amendments Act of 2003, 
     the Administration shall develop guidelines for objective and 
     consistent written criteria for the rating of professional 
     boxers based on the athletic merits of the boxers. Within 90 
     days after the Administration's promulgation of the 
     guidelines, each sanctioning organization shall adopt the 
     guidelines and follow them.
       [``(b) Notification of Change in Rating.--A sanctioning 
     organization shall, with respect to a change in the rating of 
     a boxer previously rated by such organization in the top 10 
     boxers--
       [``(1) post a copy, within 7 days after the change, on its 
     Internet website or home page, if any, including an 
     explanation of the change, for a period of not less than 30 
     days;
       [(2) provide a copy of the rating change and a thorough 
     explanation in writing under penalty of perjury to the boxer 
     and the Administration;
       [``(3) provide the boxer an opportunity to appeal the 
     ratings change; and
       [``(4) apply the objective criteria for ratings required 
     under subsection (a) in considering any such appeal.
       [``(c) Challenge of Rating.--If a sanctioning organization 
     receives an inquiry from a boxer challenging that 
     organization's rating of the boxer, it shall (except to the 
     extent otherwise required by the Administration), within 7 
     days after receiving the request--
       [``(1) provide to the boxer a written explanation under 
     penalty of perjury of the organization's rating criteria, its 
     rating of the boxer, and the rationale or basis for its 
     rating (including a response to any specific questions 
     submitted by the boxer); and
       [``(2) submit a copy of its explanation to the Association 
     of Boxing Commissions and the Administration.''.

     [SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

       [Section 12 (15 U.S.C. 6307d) is amended--

[[Page 5914]]

       [(1) by striking the matter preceding paragraph (1) and 
     inserting ``Within 7 days after a professional boxing match 
     of 10 rounds or more, the sanctioning organization for that 
     match shall provide to the boxing commission in the State or 
     on Indian land responsible for regulating the match, and to 
     the Administration, a statement of--'';
       [(2) by striking ``will assess'' in paragraph (1) and 
     inserting ``has assessed, or will assess,''; and
       [(3) by striking ``will receive'' in paragraph (2) and 
     inserting ``has received, or will receive,''.

     [SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS.

       [Section 13 (15 U.S.C. 6307e) is amended--
       [(1) by striking the matter in subsection (a) preceding 
     paragraph (1) and inserting the following:
       [``(a) Disclosures to Boxing Commissions and 
     Administration.--Within 7 days after a professional boxing 
     match of 10 rounds or more, the promoter of any boxer 
     participating in that match shall provide to the boxing 
     commission in the State or on Indian land responsible for 
     regulating the match, and to the Administration--'';
       [(2) by striking ``writing,'' in subsection (a)(1) and 
     inserting ``writing, other than a bout agreement previously 
     provided to the commission,'';
       [(3) by striking ``all fees, charges, and expenses that 
     will be'' in subsection (a)(3)(A) and inserting ``a statement 
     of all fees, charges, and expenses that have been, or will 
     be,'';
       [(4) by inserting ``a statement of'' before ``all'' in 
     subsection (a)(3)(B);
       [(5) by inserting ``a statement of'' before ``any'' in 
     subsection (a)(3)(C);
       [(6) by striking the matter in subsection (b) following 
     ``Boxer.--'' and preceding paragraph (1) and inserting 
     ``Within 7 days after a professional boxing match of 10 
     rounds or more, the promoter of that match shall provide to 
     each boxer participating in the match a statement of--''; and
       [(7) by striking ``match;'' in subsection (b)(1) and 
     inserting ``match, and that the promoter has paid, or agreed 
     to pay, to any other person in connection with the match;''.

     [SEC. 15. JUDGES AND REFEREES.

       [(a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
       [(1) by inserting ``(a) Licensing and Assignment 
     Requirement.--'' before ``No person'';
       [(2) by striking ``certified and approved'' and inserting 
     ``selected'';
       [(3) by inserting ``or Indian lands'' after ``State''; and
       [(4) by adding at the end the following:
       [``(b) Championship and 10-round Bouts.--In addition to the 
     requirements of subsection (a), no person may arrange, 
     promote, organize, produce, or fight in a professional boxing 
     match advertised to the public as a championship match or in 
     a professional boxing match scheduled for 10 rounds or more 
     unless all referees and judges participating in the match 
     have been licensed by the Administration or selected by a 
     boxing commission.
       [``(c) Sanctioning Organization Not To Influence Selection 
     Process.--A sanctioning organization--
       [``(1) may provide a list of judges and referees deemed 
     qualified by that organization to a boxing commission; but
       [``(2) shall not influence, or attempt to influence, a 
     boxing commission's selection of a judge or referee for a 
     professional boxing match except by providing such a list.
       [``(d) Assignment of Nonresident Judges and Referees.--A 
     boxing commission may assign judges and referees who reside 
     outside that commission's State or Indian land if the judge 
     or referee is licensed by a boxing commission in the United 
     States.
       [``(e) Required Disclosure.--A judge or referee shall 
     provide to the boxing commission responsible for regulating a 
     professional boxing match in a State or on Indian land a 
     statement of all consideration, including reimbursement for 
     expenses, that the judge or referee has received, or will 
     receive, from any source for participation in the match. If 
     the match is scheduled for 10 rounds or more, the judge or 
     referee shall also provide such a statement to the 
     Administration.''.
       [(b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
     repealed.

     [SEC. 16. MEDICAL REGISTRY.

       [The Act is amended by inserting after section 13 (15 
     U.S.C. 6307e) the following:

     [``SEC. 14. MEDICAL REGISTRY.

       [(a) In General.--The Administration, in consultation with 
     the Association of Boxing Commissions, shall establish and 
     maintain, or certify a third party entity to establish and 
     maintain, a medical registry that contains comprehensive 
     medical records and medical denials or suspensions for every 
     licensed boxer.
       [``(b) Content; Submission.--The Administration shall 
     determine--
       [``(1) the nature of medical records and medical 
     suspensions of a boxer that are to be forwarded to the 
     medical registry; and
       [``(2) the time within which the medical records and 
     medical suspensions are to be submitted to the medical 
     registry.
       [``(c) Confidentiality.--The Administration shall establish 
     confidentiality standards for the disclosure of personally 
     identifiable information to boxing commissions that will--
       [``(1) protect the health and safety of boxers by making 
     relevant information available to the boxing commissions for 
     use but not public disclosure; and
       [``(2) ensure that the privacy of the boxers is 
     protected.''.

     [SEC. 17. CONFLICTS OF INTEREST.

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

     [SEC. 18. ENFORCEMENT.

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

     [SEC. 19. REPEAL OF DEADWOOD.

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

     [SEC. 20. RECOGNITION OF TRIBAL LAW.

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

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

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

            [``TITLE II--UNITED STATES BOXING ADMINISTRATION

     [``SEC. 201. PURPOSE.

       [``The purpose of this title is to protect the health, 
     safety, and welfare of boxers and to ensure fairness in the 
     sport of professional boxing.

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

       [``(a) In General.--The United States Boxing Administration 
     is established as an administration of the Department of 
     Labor.
       [``(b) Administrator.--
       [``(1) Appointment.--The Administration shall be headed by 
     an Administrator, appointed by the President, by and with the 
     advice and consent of the Senate.
       [``(2) Qualifications.--The Administrator shall be an 
     individual who--
       [``(A) has extensive experience in professional boxing 
     activities or in a field directly related to professional 
     sports;
       [``(B) is of outstanding character and recognized 
     integrity; and
       [``(C) is selected on the basis of training, experience, 
     and qualifications and without regard to party affiliation.
       [``(3) Compensation.--Section 5315 of title 5, United 
     States Code, is amended by adding at the end the following:
       [``The Administrator of the United States Boxing 
     Administration.''.
       [``(4) Term of office.--The Administrator shall serve for a 
     term of 4 years.
       [``(c) Assistant Administrator; General Counsel.--The 
     Administration shall have an Assistant Administrator and a 
     General Counsel, who shall be appointed by the Administrator. 
     The Assistant Administrator shall--
       [``(1) serve as Administrator in the absence of the 
     Administrator, in the event of the inability of the 
     Administrator to carry out the functions of the 
     Administrator, or in the event of a vacancy in that office; 
     and
       [``(2) carry out such duties as the Administrator may 
     assign.
       [``(d) Staff.--The Administration shall have such 
     additional staff as may be necessary to carry out the 
     functions of the Administration.

     [``SEC. 203. FUNCTIONS.

       [``(a) Primary Functions.--The primary function of the 
     Administration are--
       [``(1) to protect the health, safety, and general interests 
     of boxers consistent with the provisions of this Act; and
       [``(2) to ensure uniformity, fairness, and integrity in 
     professional boxing.
       [``(b) Specific Functions.--The Administrator shall--
       [``(1) administer title I of this Act;
       [``(2) promulgate uniform standards for professional boxing 
     in consultation with the boxing commissions of the several 
     States and tribal organizations;
       [``(3) except as otherwise determined by the 
     Administration, oversee all professional boxing matches in 
     the United States;
       [``(4) work with sanctioning organizations, the Association 
     of Boxing Commissions, and the boxing commissions of the 
     several States and tribal organizations--
       [``(A) to improve the safety, integrity, and 
     professionalism of professional boxing in the United States;
       [``(B) to enhance physical, medical, financial, and other 
     safeguards established for the protection of professional 
     boxers; and
       [``(C) to improve the status and standards of professional 
     boxing in the United States;
       [``(5) ensure, through the Attorney General, the chief law 
     enforcement officer of the several States, and other 
     appropriate officers

[[Page 5915]]

     and agencies of Federal, State, and local government, that 
     Federal and State laws applicable to professional boxing 
     matches in the United States are vigorously, effectively, and 
     fairly enforced;
       [``(6) review local boxing authority regulations for 
     professional boxing and provide assistance to such 
     authorities in meeting minimum standards prescribed by the 
     Administration under this title;
       [``(7) serve as the coordinating body for all efforts in 
     the United States to establish and maintain uniform minimum 
     health and safety standards for professional boxing;
       [``(8) if the Administrator determines it to be 
     appropriate, publish a newspaper, magazine, or other 
     publication and establish and maintain a website consistent 
     with the purposes of the Administration;
       [``(8) procure the temporary and intermittent services of 
     experts and consultants to the extent authorized by section 
     3109(b) of title 5, United States Code, at rates the 
     Administration determines to be reasonable; and
       [``(9) take any other action that is necessary and proper 
     to accomplish the purpose of this title consistent with the 
     provisions of this title.
       [``(c) Prohibitions.--The Administration may not--
       [``(1) promote boxing events or rank professional boxers; 
     or
       [``(2) provide technical assistance to, or authorize the 
     use of the name of the Administration by, boxing commissions 
     that do not comply with requirements of the Administration.
       [``(d) Use of Name.--The Administration shall have the 
     exclusive right to use the name `United States Boxing 
     Administration'. Any person who, without the permission of 
     the Administration, uses that name or any other exclusive 
     name, trademark, emblem, symbol, or insignia of the 
     Administration for the purpose of inducing the sale of any 
     goods or services, or to promote any exhibition, performance, 
     or sporting event, shall be subject to suit in a civil action 
     by the Administration for the remedies provided in the Act of 
     July 5, 1946 (commonly known as the `Trademark Act of 1946'; 
     15 U.S.C. 1051 et seq.).

     [``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

       [``(a) Licensing.--
       [``(1) Requirement for license.--No person may compete in a 
     professional boxing match or serve as a boxing manager, 
     boxing promoter, or sanctioning organization for a 
     professional boxing match except as provided in a license 
     granted to that person under this subsection.
       [``(2) Application and Term.--
       [``(A) In general.--The Administration shall--
       [``(i) establish application procedures, forms, and fees;
       [``(ii) establish and publish appropriate standards for 
     licenses granted under this section; and
       [``(iii) issue a license to any person who, as determined 
     by the Administration, meets the standards established by the 
     Administration under this title.
       [``(B) Duration.--A license issued under this section shall 
     be for a renewable--
       [``(i) 4-year term for a boxer; and
       [``(ii) 2-year term for any other person.
       [``(C) Procedure.--The Administration may issue a license 
     under this paragraph through local boxing authorities or in a 
     manner determined by the Administration.
       [``(b) Licensing Fees.--
       [``(1) Authority.--The Administration may prescribe and 
     charge reasonable fees for the licensing of persons under 
     this title. The Administration may set, charge, and adjust 
     varying fees on the basis of classifications of persons, 
     functions, and events determined appropriate by the 
     Administration.
       [``(2) Limitations.--In setting and charging fees under 
     paragraph (1), the Administration shall ensure that, to the 
     maximum extent practicable--
       [``(A) club boxing is not adversely effected;
       [``(B) sanctioning organizations and promoters pay the 
     largest portion of the fees; and
       [``(C) boxers pay as small a portion of the fees as is 
     possible.
       [``(3) Collection.--Fees established under this subsection 
     may be collected through local boxing authorities or by any 
     other means determined appropriate by the Administration.

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

       [``(a) Requirement for Registry.--The Administration, in 
     consultation with the Association of Boxing Commissions, 
     shall establish and maintain (or authorize a third party to 
     establish and maintain) a unified national computerized 
     registry for the collection, storage, and retrieval of 
     information related to the performance of its duties.
       [``(b) Contents.--The information in the registry shall 
     include the following:
       [``(1) Boxers.--A list of professional boxers and data in 
     the medical registry established under section 114 of this 
     Act, which the Administration shall secure from disclosure in 
     accordance with the confidentiality requirements of section 
     114(c).
       [``(2) Other personnel.--Information (pertinent to the 
     sport of professional boxing) on boxing promoters, boxing 
     matchmakers, boxing managers, trainers, cut men, referees, 
     boxing judges, physicians, and any other personnel determined 
     by the Administration as performing a professional activity 
     for professional boxing matches.

     [``SEC. 206. CONSULTATION REQUIREMENTS.

       [``The Administration shall consult with local boxing 
     authorities--
       [``(1) before prescribing any regulation or establishing 
     any standard under the provisions of this title; and
       [``(2) not less than once each year regarding matters 
     relating to professional boxing.

     [``SEC. 207. MISCONDUCT.

       [``(a) Suspension and Revocation of License or 
     Registration.--
       [``(1) Authority.--The Administration may, after notice and 
     opportunity for a hearing, suspend or revoke any license 
     issued under this title if the Administration finds that--
       [``(A) the suspension or revocation is necessary for the 
     protection of health and safety or is otherwise in the public 
     interest;
       [``(B) there are reasonable grounds for belief that a 
     standard prescribed by the Administration under this title is 
     not being met, or that bribery, collusion, intentional 
     losing, racketeering, extortion, or the use of unlawful 
     threats, coercion, or intimidation have occurred in 
     connection with a license; or
       [``(C) the licensee has violated any provision of this Act.
       [``(2) Period of suspension.--
       [``(A) In general.--A suspension of a license under this 
     section shall be effective for a period determined 
     appropriate by the Administration except as provided in 
     subparagraph (B).
       [``(B) Suspension for medical reasons.--In the case of a 
     suspension or denial of the license of a boxer for medical 
     reasons by the Administration, the Administration may 
     terminate the suspension or denial at any time that a 
     physician certifies that the boxer is fit to participate in a 
     professional boxing match. The Administration shall prescribe 
     the standards and procedures for accepting certifications 
     under this subparagraph.
       [``(b) Investigations and Injunctions.--
       [``(1) Authority.--The Administration may--
       [``(A) conduct any investigation that it considers 
     necessary to determine whether any person has violated, or is 
     about to violate, any provision of this title or any 
     regulation prescribed under this title;
       [``(B) require or permit any person to file with it a 
     statement in writing, under oath or otherwise as the 
     Administration shall determine, as to all the facts and 
     circumstances concerning the matter to be investigated;
       [``(C) in its discretion, publish information concerning 
     any violations; and
       [``(D) investigate any facts, conditions, practices, or 
     matters to aid in the enforcement of the provisions of this 
     title, in the prescribing of regulations under this title, or 
     in securing information to serve as a basis for recommending 
     legislation concerning the matters to which this title 
     relates.
       [``(2) Powers.--
       [``(A) In general.--For the purpose of any investigation 
     under paragraph (1), or any other proceeding under this 
     title, any officer designated by the Administration may 
     administer oaths and affirmations, subpoena or otherwise 
     compel the attendance of witnesses, take evidence, and 
     require the production of any books, papers, correspondence, 
     memorandums, or other records which the Administration 
     considers relevant or material to the inquiry.
       [``(B) Witnesses and evidence.--The attendance of witnesses 
     and the production of any documents under subparagraph (A) 
     may be required from any place in the United States, 
     including Indian land, at any designated place of hearing.
       [``(3) Enforcement of subpoenas.--
       [``(A) Civil action.--In case of contumacy by, or refusal 
     to obey a subpoena issued to, any person, the Administration 
     may file an action in any court of the United States within 
     the jurisdiction of which an investigation or proceeding is 
     carried out, or where that person resides or carries on 
     business, to enforce the attendance and testimony of 
     witnesses and the production of books, papers, 
     correspondence, memorandums, and other records. The court may 
     issue an order requiring the person to appear before the 
     Administration to produce records, if so ordered, or to give 
     testimony concerning the matter under investigation or in 
     question.
       [``(B) Failure to obey.--Any failure to obey an order 
     issued by a court under subparagraph (A) may be punished as 
     contempt of that Court.
       [``(C) Process.--All process in any contempt case under 
     subparagraph (A) may be served in the judicial district in 
     which the person is an inhabitant or in which the person may 
     be found.
       [``(4) Evidence of criminal misconduct.--
       [``(A) In general.--No person may be excused from attending 
     and testifying or from producing books, papers, contracts, 
     agreements, and other records and documents before the 
     Administration, in obedience to the subpoena of the 
     Administration, or in any cause or proceeding instituted by 
     the Administration, on the ground that the testimony

[[Page 5916]]

     or evidence, documentary or otherwise, required of that 
     person may tend to incriminate the person or subject the 
     person to a penalty or forfeiture.
       [``(B) Limited immunity.--No individual may be prosecuted 
     or subject to any penalty or forfeiture for, or on account 
     of, any transaction, matter, or thing concerning the matter 
     about which that individual is compelled, after having 
     claimed a privilege against self-incrimination, to testify or 
     produce evidence, documentary or otherwise, except that the 
     individual so testifying shall not be exempt from prosecution 
     and punishment for perjury committed in so testifying.
       [``(5) Injunctive relief.--If the Administration determines 
     that any person is engaged or about to engage in any act or 
     practice that constitutes a violation of any provision of 
     this title, or of any regulation prescribed under this title, 
     the Administration may bring an action in the appropriate 
     district court of the United States, the United States 
     District Court for the District of Columbia, or the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, to enjoin the act or 
     practice, and upon a proper showing, the court shall grant 
     without bond a permanent or temporary injunction or 
     restraining order.
       [``(6) Mandamus.--Upon application of the Administration, 
     the district courts of the United States, the United States 
     District Court for the District of Columbia, and the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, shall have jurisdiction to 
     issue writs of mandamus commanding any person to comply with 
     the provisions of this title or any order of the 
     Administration.
       [``(c) Intervention in Civil Actions.--
       [``(1) In general.--The Administration, on behalf of the 
     public interest, may intervene of right as provided under 
     rule 24(a) of the Federal Rules of Civil Procedure in any 
     civil action relating to professional boxing filed in a 
     United States district court.
       [``(2) Amicus filing.--The Administration may file a brief 
     in any action filed in a court of the United States on behalf 
     of the public interest in any case relating to professional 
     boxing.
       [``(d) Hearings by Administration.--Hearings conducted by 
     the Administration under this title shall be public and may 
     be held before any officer of the Administration or before a 
     boxing commission that is a member of the Association of 
     Boxing Commissions. The Administration shall keep appropriate 
     records of the hearings.

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

       [``(a) Noninterference.--Nothing in this title prohibits 
     any local boxing authority from exercising any of its powers, 
     duties, or functions with respect to the regulation or 
     supervision of professional boxing or professional boxing 
     matches to the extent not inconsistent with the provisions of 
     this title.
       [``(b) Minimum Standards.--Nothing in this title prohibits 
     any local boxing authority from enforcing local standards or 
     requirements that exceed the minimum standards or 
     requirements promulgated by the Administration under this 
     title.

     [``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

       [``Any employee of any executive department, agency, 
     bureau, board, commission, office, independent establishment, 
     or instrumentality may be detailed to the Administration, 
     upon the request of the Administration, on a reimbursable or 
     nonreimbursable basis, with the consent of the appropriate 
     authority having jurisdiction over the employee. While so 
     detailed, an employee shall continue to receive the 
     compensation provided pursuant to law for the employee's 
     regular position of employment and shall retain, without 
     interruption, the rights and privileges of that employment.

     [``SEC. 210. REPORTS.

       [``(a) Annual Report.--The Administration shall submit a 
     report on its activities to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Commerce each year. The annual report shall 
     include the following:
       [``(1) A detailed discussion of the activities of the 
     Administration for the year covered by the report.
       [``(2) A description of the local boxing authority of each 
     State and Indian tribe.
       [``(b) Public Report.--The Administration shall annually 
     issue and publicize a report of the Administration on the 
     progress made at Federal and State levels and on Indian lands 
     in the reform of professional boxing, which shall include 
     comments on issues of continuing concern to the 
     Administration.
       [``(c) First Annual Report on the Administration.--The 
     first annual report under this title shall be submitted not 
     later than 2 years after the effective date of this title.

     [``SEC. 211. INITIAL IMPLEMENTATION.

       [``(a) Temporary exemption.--The requirements for licensing 
     under this title do not apply to a person for the performance 
     of an activity as a boxer, boxing judge, or referee, or the 
     performance of any other professional activity in relation to 
     a professional boxing match, if the person is licensed by a 
     boxing commission to perform that activity as of the 
     effective date of this title.
       [``(b) Expiration.--The exemption under subsection (a) with 
     respect to a license issued by a boxing commission expires on 
     the earlier of--
       [``(A) the date on which the license expires; or
       [``(B) the date that is 2 years after the date of the 
     enactment of the Professional Boxing Amendments Act of 2003.

     [``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       [``(a) In General.--There are authorized to be appropriated 
     for the Administration for each fiscal year such sums as may 
     be necessary for the Administration to perform its functions 
     for that fiscal year.
       [``(b) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any fee collected under this title--
       [``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       [``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       [``(3) shall remain available until expended.''.
       [(b) Conforming Amendments.--
       [(1) PBSA.--The Professional Boxing Safety Act or 1966, as 
     amended by this Act, is further amended--
       [(A) by amending section 1 to read as follows:

     [``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

[``Section 1. Short title; table of contents.
[``Sec. 2. Definitions.

                 [``TITLE I--PROFESSIONAL BOXING SAFETY

[``Sec. 101. Purposes.
[``Sec. 102. Approval or sanction requirement.
[``Sec. 103. Safety standards.
[``Sec. 104. Registration.
[``Sec. 105. Review.
[``Sec. 106. Reporting.
[``Sec. 107. Contract requirements.
[``Sec. 108. Protection from coercive contracts.
[``Sec. 109. Sanctioning organizations.
[``Sec. 110. Required disclosures to state boxing commissions by 
              sanctioning organizations.
[``Sec. 111. Required disclosures for promoters.
[``Sec. 112. Medical registry.
[``Sec. 113. Confidentiality.
[``Sec. 114. Judges and referees.
[``Sec. 115. Conflicts of interest.
[``Sec. 116. Enforcement.
[``Sec. 117. Professional boxing matches conducted on indian lands.
[``Sec. 118. Relationship with State or tribal law.

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

[``Sec. 201. Purpose.
[``Sec. 202. Establishment of United States Boxing Administration.
[``Sec. 203. Functions.
[``Sec. 204. Licensing and registration of boxing personnel.
[``Sec. 205. National registry of boxing personnel.
[``Sec. 206. Consultation requirements.
[``Sec. 207. Misconduct.
[``Sec. 208. Noninterference with local boxing authorities.
[``Sec. 209. Assistance from other agencies.
[``Sec. 210. Reports.
[``Sec. 211. Initial implementation.
[``Sec. 212. Authorization of appropriations.'';
       [(B) by inserting before section 3 the following:
[``TITLE I--PROFESSIONAL BOXING SAFETY'' ;
       [(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 
     12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 
     through 118, respectively;
       [(D) by striking ``section 13'' each place it appears in 
     section 113, as redesignated, and inserting ``section 111'';
       [(E) by striking ``section 4.'' in section 117(a), as 
     redesignated, and inserting ``section 102.'';
       [(F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in 
     paragraph (1) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114,'';
       [(G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in 
     paragraph (2) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114'';
       [(H) by striking ``section 17(a)'' in subsection (b)(3) of 
     section 116, as redesignated, and inserting ``section 
     115(a)'';
       [(I) by striking ``section 10'' in subsection (e)(3) of 
     section 116, as redesignated, and inserting ``section 108''; 
     and
       [(J) by striking ``of this Act'' each place it appears in 
     sections 101 through 120, as redesignated, and inserting ``of 
     this title''.
       [(2) Compensation of Administrator.--Section 5315 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       [``The Administrator of the United States Boxing 
     Administration.''.

     [SEC. 22. EFFECTIVE DATE.

       [(a) In General.--Except as provided in subsection (b), the 
     amendments made by this

[[Page 5917]]

     Act shall take effect on the date of enactment of this Act.
       [(b) 1-year Delay for Certain Title II Provisions.--
     Sections 205 through 212 of the Professional Boxing Safety 
     Act or 1996, as added by section 21(a) of this Act, shall 
     take effect 1 year after the date of enactment of this Act.]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Professional Boxing Amendments Act of 2003''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.).

     SEC. 3. DEFINITIONS.

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

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Administration.--The term `Administration' means the 
     United States Boxing Administration.
       ``(2) Bout agreement.--The term `bout agreement' means a 
     contract between a promoter and a boxer that requires the 
     boxer to participate in a professional boxing match with a 
     designated opponent on a particular date.
       ``(3) Boxer.--The term `boxer' means an individual who 
     fights in a professional boxing match.
       ``(4) Boxing commission.--The term `boxing commission' 
     means an entity authorized under State or tribal law to 
     regulate professional boxing matches.
       ``(5) Boxer registry.--The term `boxer registry' means any 
     entity certified by the Administration for the purposes of 
     maintaining records and identification of boxers.
       ``(6) Boxing service provider.--The term `boxing service 
     provider' means a promoter, manager, sanctioning body, 
     licensee, or matchmaker.
       ``(7) Contract provision.--The term `contract provision' 
     means any legal obligation between a boxer and a boxing 
     service provider.
       ``(8) Indian lands; indian tribe.--The terms `Indian lands' 
     and `Indian tribe' have the meanings given those terms by 
     paragraphs (4) and (5), respectively, of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703).
       ``(9) Licensee.--The term `licensee' means an individual 
     who serves as a trainer, second, or cut man for a boxer.
       ``(10) Local boxing authority.--The term `local boxing 
     authority' means--
       ``(A) any agency of a State, or of a political subdivision 
     of a State, that has authority under the laws of the State to 
     regulate professional boxing; and
       ``(B) any agency of an Indian tribe that is authorized by 
     the Indian tribe or the governing body of the Indian tribe to 
     regulate professional boxing on Indian lands.
       ``(11) Manager.--The term `manager' means a person who, 
     under contract, agreement, or other arrangement with a boxer, 
     undertakes to control or administer, directly or indirectly, 
     a boxing-related matter on behalf of that boxer, including a 
     person who is a booking agent for a boxer.
       ``(12) Matchmaker.--The term `matchmaker' means a person 
     that proposes, selects, and arranges for boxers to 
     participate in a professional boxing match.
       ``(13) Physician.--The term `physician' means a doctor of 
     medicine legally authorized to practice medicine by the State 
     in which the physician performs such function or action.
       ``(14) Professional boxing match.--The term `professional 
     boxing match' means a boxing contest held in the United 
     States between individuals for financial compensation. The 
     term `professional boxing match' does not include a boxing 
     contest that is regulated by a duly recognized amateur sports 
     organization, as approved by the Administration.
       ``(15) Promoter.--
       ``(A) In general.--The term `promoter' means the person 
     responsible for organizing, promoting, and producing a 
     professional boxing match.
       ``(B) Non-application to certain entities.--The term 
     `promoter' does not include a premium or other cable or 
     satellite program service, hotel, casino, resort, or other 
     commercial establishment hosting or sponsoring a professional 
     boxing match unless it--
       ``(i) is responsible for organizing, promoting, and 
     producing the match; and
       ``(ii) has a promotional agreement with a boxer in that 
     match.
       ``(C) Entities engaging in promotional activities through 
     an affiliate.--Notwithstanding subparagraph (B), an entity 
     described in that subparagraph shall be considered to be a 
     promoter if the person responsible for organizing, promoting, 
     and producing a professional boxing match--
       ``(i) is directly or indirectly under the control of, under 
     common control with, or acting at the direction of that 
     entity; and
       ``(ii) organizes, promotes, and produces the match at the 
     direction or request of the entity.
       ``(16) Promotional agreement.--The term `promotional 
     agreement' means a contract between a any person and a boxer 
     under which the boxer grants to that person the right to 
     secure and arrange all professional boxing matches requiring 
     the boxer's services for--
       ``(A) a prescribed period of time; or
       ``(B) a prescribed number of professional boxing matches.
       ``(17) State.--The term `State' means each of the 50 
     States, Puerto Rico, the District of Columbia, and any 
     territory or possession of the United States, including the 
     Virgin Islands.
       ``(18) Sanctioning organization.--The term `sanctioning 
     organization' means an organization, other than a boxing 
     commission, that sanctions professional boxing matches, ranks 
     professional boxers, or charges a sanctioning fee for 
     professional boxing matches in the United States--
       ``(A) between boxers who are residents of different States; 
     or
       ``(B) that are advertised, otherwise promoted, or broadcast 
     (including closed circuit television) in interstate commerce.
       ``(19) Suspension.--The term `suspension' includes within 
     its meaning the temporary revocation of a boxing license.
       ``(20) Tribal organization.--The term `tribal organization' 
     has the same meaning as in section 4(l) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).''.
       (b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is 
     amended to read as follows:

     ``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN 
                   LANDS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, a tribal organization may establish a boxing commission 
     to regulate professional boxing matches held on Indian land 
     under the jurisdiction of that tribal organization.
       ``(b) Standards and Licensing.--A tribal organization that 
     establishes a boxing commission shall, by tribal ordinance or 
     resolution, establish and provide for the implementation of 
     health and safety standards, licensing requirements, and 
     other requirements relating to the conduct of professional 
     boxing matches that are at least as restrictive as--
       ``(1) the otherwise applicable requirements of the State in 
     which the Indian land on which the professional boxing match 
     is held is located; or
       ``(2) the guidelines established by the United States 
     Boxing Administration.
       ``(c) Application of Act to Boxing Matches on Tribal 
     Lands.--The provisions of this Act apply to professional 
     boxing matches held on tribal lands to the same extent and in 
     the same way as they apply to professional boxing matches 
     held in any State.''.

     SEC. 4. PURPOSES.

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

     SEC. 5. USBA APPROVAL, OR ABC OR COMMISSION SANCTION, 
                   REQUIRED FOR MATCHES.

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

     ``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

       ``(a) In General.--No person may arrange, promote, 
     organize, produce, or fight in a professional boxing match 
     within the United States unless the match--
       ``(1) is approved by the Administration; and
       ``(2) is supervised by the Association of Boxing 
     Commissions or by a boxing commission that is a member in 
     good standing of the Association of Boxing Commissions.
       ``(b) Approval Presumed.--For purposes of subsection (a), 
     the Administration shall be presumed to have approved any 
     match other than--
       ``(1) a match with respect to which the Administration has 
     been informed of an alleged violation of this Act and with 
     respect to which it has notified the supervising boxing 
     commission that it does not approve;
       ``(2) a match advertised to the public as a championship 
     match; or
       ``(3) a match scheduled for 10 rounds or
     more. ''.
       (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is 
     repealed.

     SEC. 6. SAFETY STANDARDS.

       Section 5 (15 U.S.C. 6304) is amended--
       (1) by striking ``requirements or an alternative 
     requirement in effect under regulations of a boxing 
     commission that provides equivalent protection of the health 
     and safety of boxers:'' and inserting ``requirements:'';
       (2) by adding at the end of paragraph (1) ``The examination 
     shall include testing for infectious diseases in accordance 
     with standards established by the Administration.'';

[[Page 5918]]

       (3) by striking paragraph (2) and inserting the following:
       ``(2) An ambulance continuously present on site.'';
       (4) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (2) 
     the following:
       ``(3) Emergency medical personnel with appropriate 
     resuscitation equipment continuously present on site.''; and
       (5) by striking ``match.'' in paragraph (5), as 
     redesignated, and inserting ``match in an amount prescribed 
     by the Administration.''.

     SEC. 7. REGISTRATION.

       Section 6 (15 U.S.C. 6305) is amended--
       (1) by inserting ``or Indian tribe'' after ``State'' the 
     second place it appears in subsection (a)(2);
       (2) by striking the first sentence of subsection (c) and 
     inserting ``A boxing commission shall, in accordance with 
     requirements established by the Administration, make a health 
     and safety disclosure to a boxer when issuing an 
     identification card to that boxer.'';
       (3) by striking ``should'' in the second sentence of 
     subsection (c) and inserting ``shall, at a minimum,''; and
       (4) by adding at the end the following:
       ``(d) Copy of Registration and Identification Cards To Be 
     Sent to Administration.--A boxing commission shall furnish a 
     copy of each registration received under subsection (a), and 
     each identification card issued under subsection (b), to the 
     Administration.''.

     SEC. 8. REVIEW.

       Section 7 (15 U.S.C. 6306) is amended--
       (1) by striking ``that, except as provided in subsection 
     (b), no'' in subsection (a)(2) and inserting ``that no'';
       (2) by striking paragraphs (3) and (4) of subsection (a) 
     and inserting the following:
       ``(3) Procedures to review a summary suspension when a 
     hearing before the boxing commission is requested by a boxer, 
     licensee, manager, matchmaker, promoter, or other boxing 
     service provider which provides an opportunity for that 
     person to present evidence.'';
       (3) by striking subsection (b); and
       (4) by striking ``(a) Procedures.--''.

     SEC. 9. REPORTING.

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

     SEC. 10. CONTRACT REQUIREMENTS.

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

     ``SEC. 9. CONTRACT REQUIREMENTS.

       ``(a) In General.--The Administration, in consultation with 
     the Association of Boxing Commissions, shall develop 
     guidelines for minimum contractual provisions that shall be 
     included in each bout agreement, boxer-manager contract, and 
     promotional agreement. Each boxing commission shall ensure 
     that these minimal contractual provisions are present in any 
     such agreement or contract submitted to it.
       ``(b) Filing and Approval Requirements.--
       ``(1) Administration.--A manager or promoter shall submit a 
     copy of each boxer-manager contract and each promotional 
     agreement between that manager or promoter and a boxer to the 
     Administration, and, if requested, to the boxing commission 
     with jurisdiction over the bout.
       ``(2) Boxing commission.--A boxing commission may not 
     approve a professional boxing match unless a copy of the bout 
     agreement related to that match has been filed with it and 
     approved by it.
       ``(c) Bond or Other Surety.--A boxing commission may not 
     approve a professional boxing match unless the promoter of 
     that match has posted a surety bond, cashier's check, letter 
     of credit, cash, or other security with the boxing commission 
     in an amount acceptable to the boxing commission.''.

     SEC. 11. COERCIVE CONTRACTS.

       Section 10 (15 U.S.C. 6307b) is amended--
       (1) by striking paragraph (3) of subsection (a);
       (2) by inserting ``or elimination'' after ``mandatory'' in 
     the heading of subsection (b); and
       (3) by inserting ``or elimination'' after ``mandatory'' in 
     subsection (b).

     SEC. 12. SANCTIONING ORGANIZATIONS.

       (a) In General.--Section 11 (15 U.S.C. 6307c) is amended to 
     read as follows:

     ``SEC. 11. SANCTIONING ORGANIZATIONS.

       ``(a) Objective Criteria.--Within 1 year after the date of 
     enactment of the Professional Boxing Amendments Act of 2003, 
     the Administration shall develop guidelines for objective and 
     consistent written criteria for the rating of professional 
     boxers based on the athletic merits of the boxers. Within 90 
     days after the Administration's promulgation of the 
     guidelines, each sanctioning organization shall adopt the 
     guidelines and follow them.
       ``(b) Notification of Change in Rating.--A sanctioning 
     organization shall, with respect to a change in the rating of 
     a boxer previously rated by such organization in the top 10 
     boxers--
       ``(1) post a copy, within 7 days after the change, on its 
     Internet website or home page, if any, including an 
     explanation of the change, for a period of not less than 30 
     days;
       ``(2) provide a copy of the rating change and a thorough 
     explanation in writing under penalty of perjury to the boxer 
     and the Administration;
       ``(3) provide the boxer an opportunity to appeal the 
     ratings change to the sanctioning organization; and
       ``(4) apply the objective criteria for ratings required 
     under subsection (a) in considering any such appeal.
       ``(c) Challenge of Rating.--If, after disposing with an 
     appeal under subsection (b)(3), a sanctioning organization 
     receives a petition from a boxer challenging that 
     organization's rating of the boxer, it shall (except to the 
     extent otherwise required by the Administration), within 7 
     days after receiving the petition--
       ``(1) provide to the boxer a written explanation under 
     penalty of perjury of the organization's rating criteria, its 
     rating of the boxer, and the rationale or basis for its 
     rating (including a response to any specific questions 
     submitted by the boxer); and
       ``(2) submit a copy of its explanation to the Association 
     of Boxing Commissions and the Administration.''.
       (b) Conforming Amendments.--Section 18(e) (15 U.S.C. 
     6309(e)) is amended--
       (1) by striking ``Federal Trade Commission,'' in the 
     subsection heading and inserting ``United States Boxing 
     Administration''; and
       (2) by striking ``Federal Trade Commission,'' in paragraph 
     (1) and inserting ``United States Boxing Administration,''.

     SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

       Section 12 (15 U.S.C. 6307d) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting ``Within 7 days after a professional boxing match 
     of 10 rounds or more, the sanctioning organization for that 
     match shall provide to the Administration, and, if requested, 
     to the boxing commission in the State or on Indian land 
     responsible for regulating the match, a statement of--'';
       (2) by striking ``will assess'' in paragraph (1) and 
     inserting ``has assessed, or will assess,''; and
       (3) by striking ``will receive'' in paragraph (2) and 
     inserting ``has received, or will receive,''.

     SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS.

       Section 13 (15 U.S.C. 6307e) is amended--
       (1) by striking so much of subsection (a) as precedes 
     paragraph (1) and inserting the following:
       ``(a) Disclosures to Boxing Commissions and 
     Administration.--Within 7 days after a professional boxing 
     match of 10 rounds or more, the promoter of any boxer 
     participating in that match shall provide to the 
     Administration, and, if requested, to the boxing commission 
     in the State or on Indian land responsible for regulating the 
     match--'';
       (2) by striking ``writing,'' in subsection (a)(1) and 
     inserting ``writing, other than a bout agreement previously 
     provided to the commission,'';
       (3) by striking ``all fees, charges, and expenses that will 
     be'' in subsection (a)(3)(A) and inserting ``a statement of 
     all fees, charges, and expenses that have been, or will 
     be,'';
       (4) by inserting ``a statement of'' before ``all'' in 
     subsection (a)(3)(B);
       (5) by inserting ``a statement of'' before ``any'' in 
     subsection (a)(3)(C);
       (6) by striking the matter in subsection (b) following 
     ``Boxer.--'' and preceding paragraph (1) and inserting 
     ``Within 7 days after a professional boxing match of 10 
     rounds or more, the promoter of the match shall provide to 
     each boxer participating in the match with whom the promoter 
     has a promotional agreement a statement of--''; and
       (7) by striking ``match;'' in subsection (b)(1) and 
     inserting ``match, and that the promoter has paid, or agreed 
     to pay, to any other person in connection with the match;''.

     SEC. 15. JUDGES AND REFEREES.

       (a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
       (1) by inserting ``(a) Licensing and Assignment 
     Requirement.--'' before ``No person'';
       (2) by striking ``certified and approved'' and inserting 
     ``selected'';
       (3) by inserting ``or Indian lands'' after ``State''; and
       (4) by adding at the end the following:
       ``(b) Championship and 10-Round Bouts.--In addition to the 
     requirements of subsection (a), no person may arrange, 
     promote, organize, produce, or fight in a professional boxing 
     match advertised to the public as a championship match or in 
     a professional boxing match scheduled for 10 rounds or more 
     unless all referees and judges participating in the match 
     have been licensed by the Administration.
       ``(c) Sanctioning Organization Not To Influence Selection 
     Process.--A sanctioning organization--
       ``(1) may provide a list of judges and referees deemed 
     qualified by that organization to a boxing commission; but
       ``(2) shall not influence, or attempt to influence, 
     directly or indirectly, a boxing commission's selection of a 
     judge or referee for a professional boxing match except by 
     providing such a list.
       ``(d) Assignment of Nonresident Judges and Referees.--A 
     boxing commission may assign judges and referees who reside 
     outside that commission's State or Indian land if the judge 
     or referee is licensed by a boxing commission in the United 
     States.
       ``(e) Required Disclosure.--A judge or referee shall 
     provide to the boxing commission responsible for regulating a 
     professional boxing match in a State or on Indian land a 
     statement of all consideration, including reimbursement for 
     expenses, that the judge or referee has received, or will 
     receive, from any source for participation in the match. If 
     the match is scheduled for 10 rounds or more, the judge or 
     referee

[[Page 5919]]

     shall also provide such a statement to the Administration.''.
       (b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
     repealed.

     SEC. 16. MEDICAL REGISTRY.

       The Act is amended by inserting after section 13 (15 U.S.C. 
     6307e) the following:

     ``SEC. 14. MEDICAL REGISTRY.

       ``(a) In General.--The Administration, in consultation with 
     the Association of Boxing Commissions, shall establish and 
     maintain, or certify a third party entity to establish and 
     maintain, a medical registry that contains comprehensive 
     medical records and medical denials or suspensions for every 
     licensed boxer.
       ``(b) Content; Submission.--The Administration shall 
     determine--
       ``(1) the nature of medical records and medical suspensions 
     of a boxer that are to be forwarded to the medical registry; 
     and
       ``(2) the time within which the medical records and medical 
     suspensions are to be submitted to the medical registry.
       ``(c) Confidentiality.--The Administration shall establish 
     confidentiality standards for the disclosure of personally 
     identifiable information to boxing commissions that will--
       ``(1) protect the health and safety of boxers by making 
     relevant information available to the boxing commissions for 
     use but not public disclosure; and
       ``(2) ensure that the privacy of the boxers is 
     protected.''.

     SEC. 17. CONFLICTS OF INTEREST.

       Section 17(a) (15 U.S.C. 6308(a)) is amended--
       (1) by striking ``enforces State'' and inserting ``enforces 
     State or Tribal'';
       (2) by inserting ``no officer or employee of the 
     Administration,'' after ``laws,''; and
       (3) by striking ``as described in section 4.'' and 
     inserting `` or under the jurisdiction of another tribal 
     organization.''.

     SEC. 18. ENFORCEMENT.

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

     SEC. 19. REPEAL OF DEADWOOD.

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

     SEC. 20. RECOGNITION OF TRIBAL LAW.

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

     SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING 
                   ADMINISTRATION.

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

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

     ``SEC. 201. PURPOSE.

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

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

       ``(a) In General.--The United States Boxing Administration 
     is established as an administration of the Department of 
     Labor.
       ``(b) Administrator.--
       ``(1) Appointment.--The Administration shall be headed by 
     an Administrator, appointed by the President, by and with the 
     advice and consent of the Senate.
       ``(2) Qualifications.--The Administrator shall be an 
     individual who--
       ``(A) has extensive experience in professional boxing 
     activities or in a field directly related to professional 
     sports;
       ``(B) is of outstanding character and recognized integrity;
       ``(C) is selected on the basis of training, experience, and 
     qualifications and without regard to political party 
     affiliation; and
       ``(D) is a United States citizen.
       ``(3) Compensation.--Section 5315 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``The Administrator of the United States Boxing 
     Administration.''.
       ``(4) Term of office.--The Administrator shall serve for a 
     term of 4 years.
       ``(c) Assistant Administrator; General Counsel.--The 
     Administration shall have an Assistant Administrator and a 
     General Counsel, each of whom shall be appointed by the 
     Administrator. The Assistant Administrator shall--
       ``(1) serve as Administrator in the absence of the 
     Administrator, in the event of the inability of the 
     Administrator to carry out the functions of the 
     Administrator, or in the event of a vacancy in that office; 
     and
       ``(2) carry out such duties as the Administrator may 
     assign.
       ``(d) Staff.--The Administration shall have such additional 
     staff as may be necessary to carry out the functions of the 
     Administration.

     ``SEC. 203. FUNCTIONS.

       ``(a) Primary Functions.--The primary functions of the 
     Administration are--
       ``(1) to protect the health, safety, and general interests 
     of boxers consistent with the provisions of this Act; and
       ``(2) to ensure uniformity, fairness, and integrity in 
     professional boxing.
       ``(b) Specific Functions.--The Administrator shall--
       ``(1) administer title I of this Act;
       ``(2) promulgate uniform standards for professional boxing 
     in consultation with the boxing commissions of the several 
     States and tribal organizations;
       ``(3) except as otherwise determined by the Administration, 
     oversee all professional boxing matches in the United States;
       ``(4) work with the boxing commissions of the several 
     States and tribal organizations--
       ``(A) to improve the safety, integrity, and professionalism 
     of professional boxing in the United States;
       ``(B) to enhance physical, medical, financial, and other 
     safeguards established for the protection of professional 
     boxers; and
       ``(C) to improve the status and standards of professional 
     boxing in the United States;
       ``(5) ensure, through the Attorney General, the chief law 
     enforcement officer of the several States, and other 
     appropriate officers and agencies of Federal, State, and 
     local government, that Federal and State laws applicable to 
     professional boxing matches in the United States are 
     vigorously, effectively, and fairly enforced;
       ``(6) review local boxing authority regulations for 
     professional boxing and provide assistance to such 
     authorities in meeting minimum standards prescribed by the 
     Administration under this title;
       ``(7) serve as the coordinating body for all efforts in the 
     United States to establish and maintain uniform minimum 
     health and safety standards for professional boxing;
       ``(8) if the Administrator determines it to be appropriate, 
     publish a newspaper, magazine, or other publication and 
     establish and maintain a website consistent with the purposes 
     of the Administration;
       ``(9) procure the temporary and intermittent services of 
     experts and consultants to the extent authorized by section 
     3109(b) of title 5, United States Code, at rates the 
     Administration determines to be reasonable; and
       ``(10) promulgate rules, regulations, and guidance, and 
     take any other action necessary and proper to accomplish the 
     purposes of, and consistent with, the provisions of this 
     title.
       ``(c) Prohibitions.--The Administration may not--
       ``(1) promote boxing events or rank professional boxers; or
       ``(2) provide technical assistance to, or authorize the use 
     of the name of the Administration by, boxing commissions that 
     do not comply with requirements of the Administration.
       ``(d) Use of Name.--The Administration shall have the 
     exclusive right to use the name `United States Boxing 
     Administration'. Any person who, without the permission of 
     the Administration, uses that name or any other exclusive 
     name, trademark, emblem, symbol, or insignia of the 
     Administration for the purpose of inducing the sale or 
     exchange of any goods or services, or to promote any 
     exhibition, performance, or sporting event, shall be subject 
     to suit in a civil action by the Administration for the 
     remedies provided in the Act of July 5, 1946 (commonly known 
     as the `Trademark Act of 1946'; 15 U.S.C. 1051 et seq.).

     ``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

       ``(a) Licensing.--
       ``(1) Requirement for license.--No person may compete in a 
     professional boxing match or serve as a boxing manager, 
     boxing promoter, or sanctioning organization for a 
     professional boxing match except as provided in a license 
     granted to that person under this subsection.
       ``(2) Application and term.--
       ``(A) In general.--The Administration shall--
       ``(i) establish application procedures, forms, and fees;
       ``(ii) establish and publish appropriate standards for 
     licenses granted under this section; and
       ``(iii) issue a license to any person who, as determined by 
     the Administration, meets the standards established by the 
     Administration under this title.
       ``(B) Duration.--A license issued under this section shall 
     be for a renewable--
       ``(i) 4-year term for a boxer; and
       ``(ii) 2-year term for any other person.
       ``(C) Procedure.--The Administration may issue a license 
     under this paragraph through local boxing authorities or in a 
     manner determined by the Administration.
       ``(b) Licensing Fees.--
       ``(1) Authority.--The Administration may prescribe and 
     charge reasonable fees for the licensing of persons under 
     this title. The Administration may set, charge, and adjust 
     varying fees on the basis of classifications of persons, 
     functions, and events determined appropriate by the 
     Administration.
       ``(2) Limitations.--In setting and charging fees under 
     paragraph (1), the Administration shall ensure that, to the 
     maximum extent practicable--
       ``(A) club boxing is not adversely effected;
       ``(B) sanctioning organizations and promoters pay the 
     largest portion of the fees; and
       ``(C) boxers pay as small a portion of the fees as is 
     possible.
       ``(3) Collection.--Fees established under this subsection 
     may be collected through local boxing authorities or by any 
     other means determined appropriate by the Administration.

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

       ``(a) Requirement for Registry.--The Administration, in 
     consultation with the Association of Boxing Commissions, 
     shall establish and

[[Page 5920]]

     maintain (or authorize a third party to establish and 
     maintain) a unified national computerized registry for the 
     collection, storage, and retrieval of information related to 
     the performance of its duties.
       ``(b) Contents.--The information in the registry shall 
     include the following:
       ``(1) Boxers.--A list of professional boxers and data in 
     the medical registry established under section 114 of this 
     Act, which the Administration shall secure from disclosure in 
     accordance with the confidentiality requirements of section 
     114(c).
       ``(2) Other personnel.--Information (pertinent to the sport 
     of professional boxing) on boxing promoters, boxing 
     matchmakers, boxing managers, trainers, cut men, referees, 
     boxing judges, physicians, and any other personnel determined 
     by the Administration as performing a professional activity 
     for professional boxing matches.

     ``SEC. 206. CONSULTATION REQUIREMENTS.

       ``The Administration shall consult with local boxing 
     authorities--
       ``(1) before prescribing any regulation or establishing any 
     standard under the provisions of this title; and
       ``(2) not less than once each year regarding matters 
     relating to professional boxing.

     ``SEC. 207. MISCONDUCT.

       ``(a) Suspension and Revocation of License or 
     Registration.--
       ``(1) Authority.--The Administration may, after notice and 
     opportunity for a hearing, suspend or revoke any license 
     issued under this title if the Administration finds that--
       ``(A) the licensee has violated any provision of this Act;
       ``(B) there are reasonable grounds for belief that a 
     standard prescribed by the Administration under this title is 
     not being met, or that bribery, collusion, intentional 
     losing, racketeering, extortion, or the use of unlawful 
     threats, coercion, or intimidation have occurred in 
     connection with a license; or
       ``(C) the suspension or revocation is necessary for the 
     protection of health and safety or is otherwise in the public 
     interest.
       ``(2) Period of suspension.--
       ``(A) In general.--A suspension of a license under this 
     section shall be effective for a period determined 
     appropriate by the Administration except as provided in 
     subparagraph (B).
       ``(B) Suspension for medical reasons.--In the case of a 
     suspension or denial of the license of a boxer for medical 
     reasons by the Administration, the Administration may 
     terminate the suspension or denial at any time that a 
     physician certifies that the boxer is fit to participate in a 
     professional boxing match. The Administration shall prescribe 
     the standards and procedures for accepting certifications 
     under this subparagraph.
       ``(3) Period of revocation.--In the case of a revocation of 
     the license of a boxer, the revocation shall be for a period 
     of not less than 1 year.
       ``(b) Investigations and Injunctions.--
       ``(1) Authority.--The Administration may--
       ``(A) conduct any investigation that it considers necessary 
     to determine whether any person has violated, or is about to 
     violate, any provision of this Act or any regulation 
     prescribed under this Act;
       ``(B) require or permit any person to file with it a 
     statement in writing, under oath or otherwise as the 
     Administration shall determine, as to all the facts and 
     circumstances concerning the matter to be investigated;
       ``(C) in its discretion, publish information concerning any 
     violations; and
       ``(D) investigate any facts, conditions, practices, or 
     matters to aid in the enforcement of the provisions of this 
     Act, in the prescribing of regulations under this Act, or in 
     securing information to serve as a basis for recommending 
     legislation concerning the matters to which this Act relates.
       ``(2) Powers.--
       ``(A) In general.--For the purpose of any investigation 
     under paragraph (1), or any other proceeding under this Act, 
     any officer designated by the Administration may administer 
     oaths and affirmations, subpoena or otherwise compel the 
     attendance of witnesses, take evidence, and require the 
     production of any books, papers, correspondence, memorandums, 
     or other records which the Administration considers relevant 
     or material to the inquiry.
       ``(B) Witnesses and evidence.--The attendance of witnesses 
     and the production of any documents under subparagraph (A) 
     may be required from any place in the United States, 
     including Indian land, at any designated place of hearing.
       ``(3) Enforcement of subpoenas.--
       ``(A) Civil action.--In case of contumacy by, or refusal to 
     obey a subpoena issued to, any person, the Administration may 
     file an action in any district court of the United States 
     within the jurisdiction of which an investigation or 
     proceeding is carried out, or where that person resides or 
     carries on business, to enforce the attendance and testimony 
     of witnesses and the production of books, papers, 
     correspondence, memorandums, and other records. The court may 
     issue an order requiring the person to appear before the 
     Administration to produce records, if so ordered, or to give 
     testimony concerning the matter under investigation or in 
     question.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a court under subparagraph (A) may be punished as contempt 
     of that court.
       ``(C) Process.--All process in any contempt case under 
     subparagraph (A) may be served in the judicial district in 
     which the person is an inhabitant or in which the person may 
     be found.
       ``(4) Evidence of criminal misconduct.--
       ``(A) In general.--No person may be excused from attending 
     and testifying or from producing books, papers, contracts, 
     agreements, and other records and documents before the 
     Administration, in obedience to the subpoena of the 
     Administration, or in any cause or proceeding instituted by 
     the Administration, on the ground that the testimony or 
     evidence, documentary or otherwise, required of that person 
     may tend to incriminate the person or subject the person to a 
     penalty or forfeiture.
       ``(B) Limited immunity.--No individual may be prosecuted or 
     subject to any penalty or forfeiture for, or on account of, 
     any transaction, matter, or thing concerning the matter about 
     which that individual is compelled, after having claimed a 
     privilege against self-incrimination, to testify or produce 
     evidence, documentary or otherwise, except that the 
     individual so testifying shall not be exempt from prosecution 
     and punishment for perjury committed in so testifying.
       ``(5) Injunctive relief.--If the Administration determines 
     that any person is engaged or about to engage in any act or 
     practice that constitutes a violation of any provision of 
     this Act, or of any regulation prescribed under this Act, the 
     Administration may bring an action in the appropriate 
     district court of the United States, the United States 
     District Court for the District of Columbia, or the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, to enjoin the act or 
     practice, and upon a proper showing, the court shall grant 
     without bond a permanent or temporary injunction or 
     restraining order.
       ``(6) Mandamus.--Upon application of the Administration, 
     the district courts of the United States, the United States 
     District Court for the District of Columbia, and the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, shall have jurisdiction to 
     issue writs of mandamus commanding any person to comply with 
     the provisions of this Act or any order of the 
     Administration.
       ``(c) Intervention in Civil Actions.--
       ``(1) In general.--The Administration, on behalf of the 
     public interest, may intervene of right as provided under 
     rule 24(a) of the Federal Rules of Civil Procedure in any 
     civil action relating to professional boxing filed in a 
     district court of the United States.
       ``(2) Amicus filing.--The Administration may file a brief 
     in any action filed in a court of the United States on behalf 
     of the public interest in any case relating to professional 
     boxing.
       ``(d) Hearings by Administration.--Hearings conducted by 
     the Administration under this Act shall be public and may be 
     held before any officer of the Administration. The 
     Administration shall keep appropriate records of the 
     hearings.

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

       ``(a) Noninterference.--Nothing in this Act prohibits any 
     local boxing authority from exercising any of its powers, 
     duties, or functions with respect to the regulation or 
     supervision of professional boxing or professional boxing 
     matches to the extent not inconsistent with the provisions of 
     this Act.
       ``(b) Minimum Standards.--Nothing in this Act prohibits any 
     local boxing authority from enforcing local standards or 
     requirements that exceed the minimum standards or 
     requirements promulgated by the Administration under this 
     Act.

     ``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

       ``Any employee of any executive department, agency, bureau, 
     board, commission, office, independent establishment, or 
     instrumentality may be detailed to the Administration, upon 
     the request of the Administration, on a reimbursable or 
     nonreimbursable basis, with the consent of the appropriate 
     authority having jurisdiction over the employee. While so 
     detailed, an employee shall continue to receive the 
     compensation provided pursuant to law for the employee's 
     regular position of employment and shall retain, without 
     interruption, the rights and privileges of that employment.

     ``SEC. 210. REPORTS.

       ``(a) Annual Report.--The Administration shall submit a 
     report on its activities to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Commerce each year. The annual report shall 
     include--
       ``(1) a detailed discussion of the activities of the 
     Administration for the year covered by the report; and
       ``(2) an overview of the licensing and enforcement 
     activities of the State and tribal organization boxing 
     commissions.
       ``(b) Public Report.--The Administration shall annually 
     issue and publicize a report of the Administration on the 
     progress made at Federal and State levels and on Indian lands 
     in the reform of professional boxing, which shall include 
     comments on issues of continuing concern to the 
     Administration.
       ``(c) First Annual Report on the Administration.--The first 
     annual report under this title shall be submitted not later 
     than 2 years after the effective date of this title.

     ``SEC. 211. INITIAL IMPLEMENTATION.

       ``(a) Temporary Exemption.--The requirements for licensing 
     under this title do not apply to a person for the performance 
     of an activity as a boxer, boxing judge, or referee, or the 
     performance of any other professional activity in relation to 
     a professional boxing match, if the person is licensed by a 
     boxing commission to perform that activity as of the 
     effective date of this title.

[[Page 5921]]

       ``(b) Expiration.--The exemption under subsection (a) with 
     respect to a license issued by a boxing commission expires on 
     the earlier of--
       ``(A) the date on which the license expires; or
       ``(B) the date that is 2 years after the date of the 
     enactment of the Professional Boxing Amendments Act of 2003.

     ``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     for the Administration for each fiscal year such sums as may 
     be necessary for the Administration to perform its functions 
     for that fiscal year.
       ``(b) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any fee collected under this title--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(3) shall remain available until expended.''.
       (b) Conforming Amendments.--
       (1) PBSA.--The Professional Boxing Safety Act of 1996, as 
     amended by this Act, is further amended--
       (A) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.

                 ``TITLE I--PROFESSIONAL BOXING SAFETY

``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by 
              sanctioning organizations.
``Sec. 111. Required disclosures by promoters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

``Sec. 201. Purpose.
``Sec. 202. Establishment of United States Boxing Administration.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with local boxing authorities.
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';
       (B) by inserting before section 3 the following:

                ``TITLE I--PROFESSIONAL BOXING SAFETY'';

       (C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 
     12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 
     through 118, respectively;
       (D) by striking subsection (a) of section 113, as 
     redesignated, and inserting the following:
       ``(a) In General.--Except to the extent required in a 
     legal, administrative, or judicial proceeding, a boxing 
     commission, an Attorney General, or the Administration may 
     not disclose to the public any matter furnished by a promoter 
     under section 111.'';
       (E) by striking ``section 13'' in subsection (b) of section 
     113, as redesignated, and inserting ``section 111'';
       (F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in 
     paragraph (1) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114,'';
       (G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in 
     paragraph (2) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114'';
       (H) by striking ``section 17(a)'' in subsection (b)(3) of 
     section 116, as redesignated, and inserting ``section 
     115(a)'';
       (I) by striking ``section 10'' in subsection (e)(3) of 
     section 116, as redesignated, and inserting ``section 108''; 
     and
       (J) by striking ``of this Act'' each place it appears in 
     sections 101 through 120, as redesignated, and inserting ``of 
     this title''.
       (2) Compensation of administrator.--Section 5315 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``The Administrator of the United States Boxing 
     Administration.''.

     SEC. 22. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.
       (b) 1-Year Delay for Certain Title II Provisions.--Sections 
     205 through 212 of the Professional Boxing Safety Act of 
     1996, as added by section 21(a) of this Act, shall take 
     effect 1 year after the date of enactment of this Act.

  Mr. McCAIN. Mr. President, I am pleased that the Senate has agreed by 
unanimous consent to pass S. 275, the Professional Boxing Amendments 
Act of 2004 (Act). I would like to thank the bill's cosponsors, 
Senators Stevens, Dorgan, and Reid for their commitment to professional 
boxing and the warriors who sustain the sport.
  This amendment is designed to strengthen existing Federal boxing laws 
by making uniform certain health and safety standards, establishing a 
centralized medical registry to be used by local commissions to protect 
boxers, reducing arbitrary practices of sanctioning organizations, and 
providing uniformity in ranking criteria and contractual guidelines. It 
also would establish a Federal entity, the United States Boxing 
Commission--USBC--to promulgate minimum uniform standards for 
professional boxing and enforce Federal boxing laws.
  Over the past 7 years, the Commerce Committee has taken action to 
address the problems that plague the sport of professional boxing. The 
committee has already developed two Federal boxing laws that have been 
enacted, the Professional Boxing Safety Act of 1996, and the Muhammad 
Ali Boxing Reform Act of 2000. These laws established minimum uniform 
standards to improve the health and safety of boxers, and to better 
protect them from the often coercive, exploitative, and unethical 
business practices of promoters, managers, and sanctioning 
organizations. While these laws have had a positive impact on 
professional boxing, the sport remains beset by a variety of problems, 
some beyond the scope of local regulation.
  Promoters continue to steal fighters from each other, sanctioning 
organizations make unmerited ratings changes without offering adequate 
explanations, promoters refuse to pay fighters who have put their lives 
on the line, local boxing commissions fail to ensure the protection of 
boxers' health and safety, boxers are contractually and financially 
exploited, and the list continues. Most recently, we have learned of a 
federal law enforcement investigation that reportedly may yield a dozen 
or more indictments for charges of fight fixing.
  All too often my office receives a call from a parent whose child was 
killed in a match asking why proper medical or safety precautions were 
not taken by the local commission with jurisdiction, or from a boxer 
who has worked tirelessly to escape poverty, only to find themselves 
subject to the exploitation of the unscrupulous few who control the 
sport.
  Professional boxing is the only major sport in the United States that 
does not have a strong, centralized association or league to establish 
and enforce uniform rules and practices. There is no widely established 
union of boxers, no collective body of promoters or managers, and no 
consistent level of regulation among state and tribal commissions. Due 
to the lack of uniform business practices or ethical standards, the 
sport of boxing has suffered from the physical and financial 
exploitation of its athletes.
  The General Accounting Office confirmed in a July 2003 report on 
professional boxing regulation that, because professional boxing is 
regulated predominantly on a state-by-state basis, there is a varying 
degree of oversight depending on the resources and priorities of each 
state or tribal commission. The report also indicates that the lack of 
consistency in compliance with Federal boxing law among state and 
tribal commissions ``does not provide adequate assurance that 
professional boxers are receiving the minimum protections established 
in Federal law.''
  The consequences of this vacuum of effective public or private 
oversight has led to decades of scandals, controversies, unethical 
practices, and far too many unnecessary deaths in professional boxing. 
Yet another tragic, but precise example, of poor local regulation 
occurred just last year in Utah where a 35-year-old boxer collapsed and 
died in a boxing ring. The young man should never have been allowed to 
participate in the bout given that he had suffered 25 consecutive 
losses over a

[[Page 5922]]

three-year period leading up to the fight, including a loss only one 
month earlier to the same opponent against whom he was fighting when he 
died. While tragic in its own right, this is merely one in a seemingly 
endless series of incidents that continue to occur as a direct result 
of inadequate state regulation.
  This measure would improve existing boxing law, and also establish 
the USBC. The primary functions of the commission would be to protect 
the health, safety, and general interests of boxers. More specifically, 
the USBC would, among other things: administer Federal boxing laws and 
coordinate with other federal agencies to ensure that these laws are 
enforced; oversee all professional boxing matches in the United States; 
and work with the boxing industry and local commissions to improve the 
status and standards of the sport. The USBC also would maintain a 
centralized database of medical and statistical information pertaining 
to boxers in the United States that would be used confidentially by 
local commissions in making licensing decisions.
  There has been quite a bit of confusion among local boxing 
commissions regarding the effect that this bill would have on them. Let 
me be clear. The purpose of the USBC would not be intended to micro-
manage boxing by interfering with the daily operations of local boxing 
commissions. Instead, the USBC would work in consultation with local 
commissions, and only exercise its authority should reasonable grounds 
exist for intervention.
  The problems that plague the sport of professional boxing compromise 
the safety of boxers and undermine the credibility of the sport in the 
public's view. This bill is urgently needed to provide a realistic 
approach to curbing such problems.

  The ACTING PRESIDENT pro tempore. The Democratic whip.
  Mr. REID. Mr. President, this legislation has been long in coming. 
Senator McCain and I have worked on this for months. I think it is a 
tremendous step forward. It is a perfect example of how we have to 
cooperate with each other. This is not everything that Senator McCain 
wanted, it is not everything I wanted, but it is legislation that now 
is going to pass the Senate. It is something that has been needed for 
some time. It is the Professional Boxing Safety Act, but it also will 
take a very close look at promoters, including those who are the 
networks, HBO, Showtime. It sets up a national boxing commission. It is 
important.
  This is a multimillion-dollar industry, and it needs Federal 
oversight as a result of deaths that occur with boxers. We had a death 
of a person from Nevada who went to Utah to fight. He had been knocked 
out 21 times. He went to Utah to fight and got knocked out again and 
died.
  As many of my colleagues know, I come to my work on boxing with a 
perspective that was formed both inside and outside the ring. Before I 
entered the political arena, I personally was a boxer. I also worked 
ringside as a judge in hundreds of fights, in all weight classes, and 
have judged championship fights. As a lawyer in private practice, I 
also represented professional fighters.
  My State of Nevada hosts most of the premier boxing matches in the 
world. Nevada's state-of-the-art resorts provide fight venues that are 
unmatched in any other part of the world, and Nevadans take great pride 
in the historical role the State has played in boxing. The Nevada State 
Athletic commission is the most respected boxing commission in the 
world. It has led our country and the world in implementing terms of 
boxing safety and ethical treatment of fighters, promoters, and 
ringside personnel. Nevada's commission, under the outstanding 
direction of Marc Ratner, serves as a model for a national commission 
and has guided my work on this legislation.
  Is there a need for the establishment of a national commission 
patterned after Nevada's commission to regulate boxing throughout the 
United States? The answer is a yes.
  Last July, a boxer named Brad Rone fought in Utah and died at the age 
of 35. While Brad lived in Las Vegas, he had been banned from fighting 
in Nevada for more than three years. The Nevada Commission felt that he 
was at risk of getting seriously injured every time he stepped into the 
ring. Unfortunately, this ban didn't prevent him from fighting in other 
States. So despite the fact that he lost 26 consecutive fights, Brad 
was allowed to step into the ring in Utah to fight Billy Zumbrun. After 
only one uneventful round of what was to be an eight-round fight, Brad 
passed out and died. He wasn't knocked out. He was hit once and started 
to walk away and collapsed. An autopsy later revealed that Brad 
technically died of a heart attack, but many acknowledge that the 
continual physical abuse inside the ring contributed to his untimely 
death.
  Unfortunately, the rules governing professional boxing and the 
enforcement of those rules vary widely among States. This legislation 
today will help avoid future tragedies like Brad's, and ensure a 
vibrant future for the sport of boxing and the Nation's boxers. If this 
legislation had been enacted before Brad's death, it would have 
required that his fights be approved by a Federal Commission after 
either his 10th defeat or fifth consecutive knockout.
  This bill creates the United States Boxing Commission, USBC. The USBC 
will prescribe and enforce uniform regulations for professional boxing 
in order to protect the health and safety of boxers and ensure fairness 
in the sport. While it will not supercede States with higher standards, 
like Nevada, it will establish minimum standards and conformity for all 
States. The USBC will also have the ability to defer its authority to 
States with strong commissions when deemed appropriate.
  Among other things, the USBC will maintain a national computerized 
registry for the collection of specific information on professional 
boxers and boxing personnel as well as certify for each boxing match 
the participating boxers' medical histories. It will require sites to 
have both an ambulance and emergency medical personnel with 
resuscitation equipment continuously present. There are some places 
today that have only one ambulance. Once a boxer is hurt, and the 
ambulance takes him away, there is no remaining personnel or equipment 
for the other fights on the card. This poses unnecessary and sometimes 
fatal risks to boxers and ring personnel. The USBC will also review 
plans submitted by all State athletic commissions for uniformity.
  This uniformity will discontinue the use of forum shopping that we 
witnessed in 2002 with the Mike Tyson v. Lennox Lewis fight. That fight 
was originally scheduled to take place in Las Vegas, but the Nevada 
State Athletic Commission declined to grant Tyson a license to fight 
because of his violent behavior, both inside and outside the ring. The 
Association of Boxing Commissions, ABC, recommended that other State 
commissions honor Nevada's decision not to let Tyson fight. However, 
the ABC acts only as a quasi-federal agency and has no enforcement 
authority. Obviously, the ABC's recommendation was ignored, as Tyson 
was permitted to fight Lewis in Tennessee.
  Another important problem this legislation begins to remedy is 
broadcasters acting as de facto fight promoters. Broadcasters who 
effectively operate as promoters ought to be held to the same standards 
and scrutiny as traditional promoters. They should be regulated in the 
same manner. This is only fair. Many broadcasters control when the 
fighters fight, who they fight, where they fight, and how much they are 
paid. This is the role of the promoter, and the media companies are 
acting as the fighters' de facto promoters. However, despite the fact 
that these companies are acting as promoters, they are not regulated by 
boxing commissions. While traditional promoters are regulated under the 
Muhammad Ali Boxing Reform Act, Ali Act, and State athletic commission 
laws, the media companies have been virtually free from regulation.
  This legislation will require the broadcaster to make certain 
disclosures to the USBC similar to what promoters must do. Broadcasters 
will have to provide to the USBC statements of

[[Page 5923]]

fees paid and owed to promoters, copies of all contracts, and a list of 
the sources of income they receive from the broadcast of the match.
  Additionally, the bill requires the USBC to study for one year the 
definition of a promoter and report back to Congress their proposed 
revised definition, speculatively, to include broadcasters as 
appropriate. When Congress enacted the Ali Act, one of the main goals 
was to protect boxers from being unfairly treated by promoters. The Ali 
Act provided contractual reforms that prevented exploitive business 
practices that at that time allowed for coercive and lengthy contracts 
tying a fighter to a promoter for years. Today, many fighters are 
entering into promotional agreements directly with the broadcaster. 
Thus, in order to really give the Ali Act any weight, it is necessary 
that those who are conducting the business of a promoter comply with 
the regulations set forth in the Ali Act. The broadcasters should not 
evade the restrictions placed on promoters by the Ali Act simply by 
slipping through some technical loopholes.
  The USBC should focus on two particular issues when making this 
important promoters decision. Both, I believe, strongly suggest that 
broadcasters be included in the promoter definition. First, it should 
examine the situation that exists when a broadcaster or network hires 
another individual or entity as the per se ``promoter'' to stage a 
boxing event. While the broadcaster pays this local promoter a fee, the 
broadcaster contracts to retain the boxer's rights to the fight, for 
example, the right to sell, distribute, exhibit, or license the match 
or in some cases several matches, and retains the right to choose 
dates, sites, and opponents. In this scenario, the broadcaster is 
really acting as a de facto promoter and should be subject to the 
regulations and disclosure requirements imposed by the Ali Act. 
However, since the local promoter is contractually charged with 
complying with federal and state laws, he is the only one required 
under current law to file financial disclosures with the boxer. The 
broadcaster who hires this local promoter does not have to disclose to 
the fighter how much the broadcaster is earning for the fight. Since 
conventional promoters determine when a fighter fights, where he 
fights, who he fights and how much he is paid, the broadcaster is doing 
all the work of a promoter yet circumventing the requirements of the 
Ali Act. It is the fighter who is left in the dark.
  This situation I have described is illustrated by the roles of HBO 
and Showtime in the Lennox Lewis vs. Mike Tyson fight. Lewis was under 
contract to HBO and Tyson was under contract to Showtime. These two 
media companies signed an agreement to promote the Lewis/Tyson fight 
and a possible rematch. However, neither HBO nor Showtime was required 
to file their agreements with the two fighters or with a State athletic 
commission since they are not technically ``promoters'' under the Ali 
Act. Instead, they hired a local promoter to ``stage'' the fight, and 
because the local promoter was not a party to the master agreements for 
the fight, those agreements may have never been filed with the 
commission. Furthermore, the disclosures under the Ali Act which 
require a promoter to inform the fighters how much revenue is to be 
earned by it from the event may not necessarily have been provided 
since the ``promoter'' was only being paid a fee to stage the fight. 
Oftentimes, the ``multi-fight'' agreements which these broadcasters 
have with their fighters may contain terms beyond those permitted by 
law to promoters.
  The second scenario the commission should examine is where the 
broadcaster contracts directly with the boxer or with the boxer's 
representative. By ``boxer's representative'' I am talking about any 
entity or company that employs the boxer or to whom the boxer has 
transferred the rights to his boxing services. Even if a broadcaster 
only obtains rights to the boxer through this entity, the broadcaster 
should still be deemed a promoter and be subject to the Ali Act because 
in essence, they are contracting with the boxer. Here is an example. 
When Tyson and Lewis fought, HBO contracted with Lion Promotions. Lion 
Promotions is--for all practical purposes--Lewis's company, yet 
legally, Lewis may or may not own or be employed by Lion Promotions. 
However, when HBO contracted with Lyon, they effectively contracted 
with Lewis directly. Thus, the contractual protections given the boxer 
in the Ali Act should apply in this type of situation.
  In determining whether a broadcaster is acting as a de facto 
promoter, the USBC must study the contracts between broadcasters and 
such entities and any attached ratifications by the boxer him/herself; 
the contracts with local promoters; the contracts between the local 
promoters and the boxer; and the contracts between any involved 
broadcasters. The USBC is also directed to look at the sources of 
income received from the broadcast of a fight and examine the amounts 
received from each of these sources. Effectively defining the role of a 
promoter requires looking at who is contracting with a boxer for the 
rights to the boxer's service. These rights include the rights to sell, 
grant, convey, distribute, exhibit, and license the match or matches.
  Conventional promoters control the rights to a fighter's boxing 
career and the right to exploit the boxer's name and image in 
connection with his/her boxing matches. By determining who is 
circumventing the requirements placed on a promoter under the Ali Act 
and thereafter including them within the definition of a promoter, the 
USBC will protect the fighter from exploitive business practices, 
regardless of the source.
  It is envisioned that the commission created under this legislation, 
the USBC, will monitor the boxing world, creating an environment that 
will enable both the sport and its participants to thrive. I am proud 
of the work that Senator McCain and I have done to help in the reform 
of this great sport.
  Mr. DORGAN. I am pleased to support with my colleague, Senator 
McCain, the Professional Boxing Amendments Act of 2003.
  This is an issue that we have now been examining for some time, and I 
am pleased that the Senate is moving this legislation forward.
  The Senate Commerce Committee had the opportunity over the past years 
to spend time with figures such as Roy Jones Junior, Muhammad Ali, Bert 
Sugar, Lou Dibella, and Bernard Hopkins, and we heard some things that 
caused great concern.
  I grew up as a boxing fan who wants to see the sport succeed, but I 
have worried about how the sport is doing, and I believe this 
legislation will take an important step.
  Professional boxing is the only major sport in the United States that 
does not have a strong, centralized association or league to establish 
and enforce uniform rules and practices for its participants. There is 
no union, no organization that polices promoters or managers, and 
unfortunately no consistent level of state regulation among the state 
athletic commissions.
  Part of the problem is the alphabet soup of 29 sanctioning bodies--
all with different titles and rankings--and another part is a lack of 
faith that anyone, not the state commissions, managers or promoters are 
on the up and up.
  I believe that a system based on state commissions alone just takes 
us to the lowest common denominator. We are in desperate need of some 
basic national standards and uniform enforcement.
  There continue to be stories about how some people are exploiting the 
patchwork of federal and state boxing regulations to the detriment of 
boxers and their fans.
  This manipulation is often tolerated, or tacitly permitted by the 
state boxing commissions, and too often current laws are rarely 
enforced by the state attorneys general, or the U.S. Attorney's office 
who are too busy or just not interested.
  This bill will create a United States Boxing Commission to oversee 
the sport. The federal Commission would have the responsibility to 
license promoters, managers, and sanctioning organizations. The 
Commission would be

[[Page 5924]]

able to keep things in line by revoking or suspending licenses as 
situations warrant.
  It is imperative that we establish this federal mechanism in order to 
protect not only the boxers, but also the overall integrity of the 
sport.
  Mr. FRIST. Mr. President, I ask unanimous consent that the McCain 
substitute be agreed to; the committee substitute, as amended, be 
agreed to; the bill, as amended, be read a third time and passed; the 
motion to reconsider be laid upon the table; and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3006) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 275), as amended, was read the third time and passed.

                          ____________________