[House Report 109-209]
[From the U.S. Government Publishing Office]




109th Congress                                            Rept. 109-209
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================


 
                  UNITED STATES BOXING COMMISSION ACT

                                _______
                                

                 July 28, 2005.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1065]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1065) to establish the United States Boxing 
Commission to protect the general welfare of boxers and to 
ensure fairness in the sport of professional boxing, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     8
Hearings.........................................................     9
Committee Consideration..........................................     9
Committee Votes..................................................     9
Committee Oversight Findings.....................................    12
Statement of General Performance Goals and Objectives............    12
New Budget Authority, Entitlement Authority, and Tax Expenditures    12
Committee Cost Estimate..........................................    12
Congressional Budget Office Estimate.............................    12
Federal Mandates Statement.......................................    15
Advisory Committee Statement.....................................    15
Constitutional Authority Statement...............................    15
Applicability to Legislative Branch..............................    16
Section-by-Section Analysis of the Legislation...................    16
Changes in Existing Law Made by the Bill, as Reported............    19

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``United States Boxing Commission Act''.

SEC. 2. DEFINITIONS.

  As used in this Act, the following definitions apply:
          (1) Commission.--The term ``Commission'' means the United 
        States Boxing Commission established under section 3.
          (2) Boxer.--The term ``boxer'' means an individual who fights 
        in a professional boxing match.
          (3) Boxing commission.-- The term ``boxing commission'' means 
        an entity authorized under State or tribal law to regulate 
        professional boxing matches.
          (4) Indian lands.--The term ``Indian lands'' has the meanings 
        given that terms by paragraphs (4) of section 4 of the Indian 
        Gaming Regulatory Act (25 U.S.C. 2703).
          (5) Judge.--The term ``judge'' means an official who scores a 
        boxing match to determine the winner.
          (6) Manager.--The term ``manager'' means a person other than 
        a promoter who, under contract, agreement, or other arrangement 
        with a boxer, undertakes to control or administer, directly or 
        indirectly, a boxing-related matter on behalf of that boxer, 
        including a person who is a booking agent for a boxer.
          (7) Matchmaker.--The term ``matchmaker'' means a person that 
        proposes, selects, and arranges for boxers to participate in a 
        professional boxing match. Such term does not include a hotel, 
        casino, resort, or other commercial establishment hosting or 
        sponsoring a professional boxing match, or a provider of cable, 
        satellite, or network television programming, unless--
                  (A) the hotel, casino, resort, or other commercial 
                establishment, or provider of cable, satellite, or 
                network television programming is primarily responsible 
                for proposing, selecting, and arranging for boxers to 
                participate in the professional boxing match; and
                  (B) there is no other person primarily responsible 
                for proposing, selecting, and arranging for boxers to 
                participate in the match.
          (8) Referee.--The term ``referee'' means the official inside 
        the boxing ring who supervises the boxing match.
          (9) Professional boxing match.--The term ``professional 
        boxing match'' means a boxing contest held in the United States 
        between individuals for financial compensation. Such term does 
        not include a boxing contest that is regulated by a duly 
        recognized amateur sports organization, as approved by the 
        Commission.
          (10) Promoter.--The term ``promoter''--
                  (A) means the person primarily responsible for 
                organizing, promoting, and producing a professional 
                boxing match; but
                  (B) does not include a hotel, casino, resort, or 
                other commercial establishment hosting or sponsoring a 
                professional boxing match, or a provider of cable, 
                satellite, or network television programming, unless--
                          (i) the hotel, casino, resort, or other 
                        commercial establishment, or provider of cable, 
                        satellite, or network television programming is 
                        primarily responsible for organizing, 
                        promoting, and producing the match; and
                          (ii) there is no other person primarily 
                        responsible for organizing, promoting, and 
                        producing the match.
          (11) State.--The term ``State'' means each of the 50 States, 
        Puerto Rico, the District of Columbia, and any territory or 
        possession of the United States, including the Virgin Islands.
          (12) Sanctioning organization.--The term ``sanctioning 
        organization'' means an organization, other than a boxing 
        commission, that sanctions professional boxing matches, ranks 
        professional boxers, or charges a sanctioning fee for 
        professional boxing matches in the United States--
                  (A) between boxers who are residents of different 
                States; or
                  (B) that are advertised, otherwise promoted, or 
                broadcast (including closed circuit television) in 
                interstate commerce.
          (13) Suspension.--The term ``suspension'' includes within its 
        meaning the temporary revocation of a boxing license.
          (14) Tribal organization.--The term ``tribal organization'' 
        has the same meaning as in section 4(l) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(l)).

SEC. 3. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.

  (a) In General.--The United States Boxing Commission is established 
as a commission within the Department of Commerce.
  (b) Members.--
          (1) In general.--The Commission shall consist of 3 members 
        appointed by the President, by and with the advice and consent 
        of the Senate.
          (2) Qualifications.--No member of the Commission may, while 
        serving as a member of the Commission--
                  (A) be engaged as a professional boxer, boxing 
                promoter, agent, fight manager, matchmaker, referee, 
                judge, or in any other capacity in the conduct of the 
                business of professional boxing;
                  (B) have any pecuniary interest in the earnings of 
                any boxer or the proceeds or outcome of any boxing 
                match; or
                  (C) serve as a member of a boxing commission.
          (3) Bipartisan membership.--Not more than 2 members of the 
        Commission may be members of the same political party.
          (4) Geographic balance.--Not more than 2 members of the 
        Commission may be residents of the same geographic region of 
        the United States when appointed to the Commission. For 
        purposes of the preceding sentence, the area of the United 
        States east of the Mississippi River is a geographic region, 
        and the area of the United States west of the Mississippi River 
        is a geographic region.
          (5) Terms.--
                  (A) In general.--The term of a member of the 
                Commission shall be 3 years. No member of the 
                Commission shall serve more than 2 terms.
                  (B) Midterm vacancies.--A member of the Commission 
                appointed to fill a vacancy in the Commission occurring 
                before the expiration of the term for which the 
                member's predecessor was appointed shall be appointed 
                for the remainder of that unexpired term.
                  (C) Continuation pending replacement.--A member of 
                the Commission may serve after the expiration of that 
                member's term until a successor has taken office.
          (6) Removal.--A member of the Commission may be removed by 
        the President only for cause.
  (c) Executive Director.--
          (1) In general.--The Commission shall employ an Executive 
        Director to perform the administrative functions of the 
        Commission under this Act, and such other functions and duties 
        of the Commission as the Commission shall specify.
          (2) Discharge of functions.--Subject to the authority, 
        direction, and control of the Commission the Executive Director 
        shall carry out the functions and duties of the Commission 
        under this Act.
  (d) General Counsel.--The Commission shall employ a General Counsel 
to provide legal counsel and advice to the Executive Director and the 
Commission in the performance of its functions under this Act, and to 
carry out such other functions and duties as the Commission shall 
specify.
  (e) Staff.--The Commission shall employ such additional staff as the 
Commission considers appropriate to assist the Executive Director and 
the General Counsel in carrying out the functions and duties of the 
Commission under this Act.
  (f) Meetings.--The Commission shall hold its first meeting no later 
than 30 days after all members shall have been appointed, and shall 
meet thereafter not less frequently than once every 60 days.
  (g) Compensation.--
          (1) Members of commission.--
                  (A) In general.--Each member of the Commission shall 
                be compensated at a rate equal to the daily equivalent 
                of the annual rate of basic pay prescribed for level IV 
                of the Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including travel 
                time) during which such member is engaged in the 
                performance of the duties of the Commission.
                  (B) Travel expenses.--The members of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Commission.
          (2) Executive director and staff.--The Commission shall fix 
        the compensation of the Executive Director, the General 
        Counsel, and other personnel of the Commission. The rate of pay 
        for the Executive Director, the General Counsel, and other 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.

SEC. 4. FUNCTIONS.

  (a) General Functions.--The general functions of the Commission are--
          (1) to protect the general interests of boxers consistent 
        with the provisions of this Act; and
          (2) to ensure uniformity, fairness, and integrity in 
        professional boxing;
          (3) except as otherwise determined by the Commission, oversee 
        all professional boxing matches in the United States.
  (b) Initial Rulemaking.--Not later than 180 days after the date on 
which the Commission shall hold its first meeting, the Commission 
shall, by rule promulgate uniform standards for professional boxing in 
consultation with the Association of Boxing Commissions.
  (c) Additional Functions.--In addition to its general functions under 
subsection (a), the Commission shall--
          (1) work with the boxing commissions of the several States 
        and tribal organizations to improve the status and standards of 
        professional boxing in the United States;
          (2) ensure, in cooperation with the Attorney General (who 
        shall represent the Commission in any judicial proceeding under 
        this Act), the chief law enforcement officer of the several 
        States, and other appropriate officers and agencies of Federal, 
        State, and local government, that Federal and State laws 
        applicable to professional boxing matches in the United States 
        are vigorously, effectively, and fairly enforced;
          (3) review State boxing commission regulations for 
        professional boxing and provide assistance to such authorities 
        in meeting minimum standards prescribed by the Commission under 
        this Act;
          (4) if the Commission determines appropriate, publish a 
        newspaper, magazine, or other publication and establish and 
        maintain an Internet website consistent with the provisions of 
        this Act; and
          (5) promulgate rules, regulations, and guidance, and take any 
        other action necessary and proper to accomplish the purposes 
        of, and consistent with, the provisions of this Act.
  (d) Prohibitions.--The Commission may not--
          (1) promote boxing events or rank professional boxers; or
          (2) provide technical assistance to, or authorize the use of 
        the name of the Commission by, boxing commissions that do not 
        comply with requirements of the Commission.

SEC. 5. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

  (a) Licensing.--
          (1) Requirement for license.--Beginning 1 year after the date 
        of enactment of this Act, no person may compete in a 
        professional boxing match or serve as a boxing manager, boxing 
        promoter, matchmaker, judge, referee, or sanctioning 
        organization for a professional boxing match except as provided 
        in a license granted to that person under this subsection.
          (2) Application and term.--
                  (A) In general.--The Commission shall--
                          (i) establish application procedures, forms, 
                        and fees for licenses granted under this 
                        section;
                          (ii) establish and publish appropriate 
                        standards for such licenses;
                          (iii) issue a license to any person who, as 
                        determined by the Commission, meets the 
                        standards established by the Commission under 
                        this Act; and
                          (iv) begin issuing such licenses not later 
                        than 270 days after the date on which 
                        Commission holds its first meeting.
                  (B) Duration.--A license issued under this section 
                shall be for a renewable--
                          (i) 4-year term for a boxer; and
                          (ii) 2-year term for any other person.
                  (C) Procedure.--The Commission may issue a license 
                under this paragraph through boxing commissions or in a 
                manner determined by the Commission.
  (b) Licensing Fees.--
          (1) Authority.--The Commission may prescribe and charge 
        reasonable fees for the licensing of persons under this Act. 
        The Commission may set, charge, and adjust varying fees on the 
        basis of classifications of persons, functions, and events 
        determined appropriate by the Commission.
          (2) Limitations.--In setting and charging fees under 
        paragraph (1), the Commission shall ensure that, to the maximum 
        extent practicable--
                  (A) club boxing is not adversely effected;
                  (B) sanctioning organizations and promoters pay 
                comparatively the largest portion of the fees; and
                  (C) boxers pay as small a portion of the fees as is 
                possible.

SEC. 6. NATIONAL REGISTRY OF BOXING PERSONNEL.

  The Commission shall establish and maintain (or authorize a third 
party to establish and maintain) a unified national computerized 
registry for the collection, storage, and retrieval of such information 
as the Commission shall prescribe by rule related to the performance of 
its duties.

SEC. 7. CONSULTATION REQUIREMENTS.

  The Commission shall consult with the Association of Boxing 
Commissions--
          (1) before prescribing any regulation or establishing any 
        standard under the provisions of this Act; and
          (2) not less than once each year regarding matters relating 
        to professional boxing.

SEC. 8. MISCONDUCT.

  (a) Suspension and Revocation of License or Registration.--
          (1) Authority.--The Commission may, after notice and 
        opportunity for a hearing, suspend or revoke any license issued 
        under this Act if the Commission--
                  (A) finds that the license holder has violated any 
                provision of this Act or a standard prescribed under 
                this Act;
                  (B) reasonably believes that a standard prescribed by 
                the Commission under this Act is not being met, or that 
                bribery, collusion, intentional losing, racketeering, 
                extortion, or the use of unlawful threats, coercion, or 
                intimidation have occurred in connection with a 
                license; or
                  (C) finds that the suspension or revocation is in the 
                public interest.
          (2) Period of suspension.--A suspension of a license under 
        this section shall be effective for a period determined 
        appropriate by the Commission.
          (3) Period of revocation.--In the case of a revocation of the 
        license of a boxer, the revocation shall be for a period of not 
        less than 1 year.
  (b) Investigations and Injunctions.--
          (1) Authority.--The Commission may--
                  (A) conduct any investigation that it considers 
                necessary to determine whether any person has violated, 
                or is about to violate, any provision of this Act or 
                any regulation prescribed under this Act;
                  (B) require or permit any person to file with it a 
                statement in writing, under oath or otherwise as the 
                Commission shall determine, as to all the facts and 
                circumstances concerning the matter to be investigated;
                  (C) in its discretion, publish information concerning 
                any violations; and
                  (D) investigate any facts, conditions, practices, or 
                matters to aid in the enforcement of the provisions of 
                this Act, in the prescribing of regulations under this 
                Act, or in securing information to serve as a basis for 
                recommending legislation concerning the matters to 
                which this Act relates.
          (2) Powers.--
                  (A) In general.--For the purpose of any investigation 
                under paragraph (1) or any other proceeding under this 
                Act--
                          (i) any officer designated by the Commission 
                        may administer oaths and affirmations, subpoena 
                        or otherwise compel the attendance of 
                        witnesses, take evidence, and require the 
                        production of any books, papers, 
                        correspondence, memoranda, or other records the 
                        Commission considers relevant or material to 
                        the inquiry; and
                          (ii) the provisions of sections 6002 and 6004 
                        of title 18, United States Code, shall apply.
                  (B) Witnesses and evidence.--The attendance of 
                witnesses and the production of any documents under 
                subparagraph (A) may be required from any place in the 
                United States, including Indian land, at any designated 
                place of hearing.
          (3) Enforcement of subpoenas.--
                  (A) Civil action.--In case of contumacy by, or 
                refusal to obey a subpoena issued to, any person, the 
                Commission may file an action in any district court of 
                the United States within the jurisdiction of which an 
                investigation or proceeding is carried out, or where 
                that person resides or carries on business, to enforce 
                the attendance and testimony of witnesses and the 
                production of books, papers, correspondence, 
                memorandums, and other records. The court may issue an 
                order requiring the person to appear before the 
                Commission to produce records, if so ordered, or to 
                give testimony concerning the matter under 
                investigation or in question.
                  (B) Failure to obey.--Any failure to obey an order 
                issued by a court under subparagraph (A) may be 
                punished as contempt of that court.
                  (C) Process.--All process in any contempt case under 
                subparagraph (A) may be served in the judicial district 
                in which the person is an inhabitant or in which the 
                person may be found.
          (4) Evidence of criminal misconduct.--No person may be 
        excused from attending and testifying or from producing books, 
        papers, contracts, agreements, and other records and documents 
        before the Commission, in obedience to the subpoena of the 
        Commission, or in any cause or proceeding instituted by the 
        Commission, on the ground that the testimony or evidence, 
        documentary or otherwise, required of that person may tend to 
        incriminate the person or subject the person to a penalty or 
        forfeiture.
          (5) Injunctive relief.--If the Commission or the Executive 
        Director determines that any person is engaged or about to 
        engage in any act or practice that constitutes a violation of 
        any provision of this Act, or of any regulation prescribed 
        under this Act, the Commission or the Executive Director may 
        bring an action in the appropriate district court of the United 
        States, the United States District Court for the District of 
        Columbia, or the United States courts of any territory or other 
        place subject to the jurisdiction of the United States, to 
        enjoin the act or practice, and upon a proper showing, the 
        court shall grant without bond a permanent or temporary 
        injunction or restraining order.
          (6) Mandamus.--Upon application of the Commission, the 
        district courts of the United States, the United States 
        District Court for the District of Columbia, and the United 
        States courts of any territory or other place subject to the 
        jurisdiction of the United States, shall have jurisdiction to 
        issue writs of mandamus commanding any person to comply with 
        the provisions of this Act or any order of the Commission.
  (c) Intervention in Civil Actions.--
          (1) In general.--The Commission, on behalf of the public 
        interest, may intervene of right as provided under rule 24(a) 
        of the Federal Rules of Civil Procedure in any civil action 
        relating to professional boxing filed in a district court of 
        the United States.
          (2) Amicus filing.--The Commission may file a brief in any 
        action filed in a court of the United States on behalf of the 
        public interest in any case relating to professional boxing.
  (d) Hearings by Commission.--Hearings conducted by the Commission 
under this Act shall be public and may be held before any officer of 
the Commission. The Commission shall keep appropriate records of the 
hearings.

SEC. 9. NONINTERFERENCE WITH BOXING COMMISSIONS.

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

SEC. 10. ASSISTANCE FROM OTHER AGENCIES.

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

SEC. 11. STUDIES.

  (a) Health and Safety Study.--
          (1) Study.--The Commission shall conduct a study on the 
        health and safety aspects of boxing, including an examination 
        of--
                  (A) the risks or serious injury and the nature of 
                potential injuries, including risks particular to 
                boxers of each sex;
                  (B) the long term effect of boxing on the health of 
                boxers;
                  (C) the availability of health insurance for boxers;
                  (D) the extent to which differences in equipment 
                effect the risks of potential injury; and
                  (E) the effectiveness of safety standards and 
                regulations.
          (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit a report on 
        the study required by this section to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives, including recommendations to improve the 
        health and safety aspects of boxing.
  (b) Study on the Definition of Promoter.--
          (1) Study.--The United States Boxing Commission shall conduct 
        a study on how the term ``promoter'' should be defined for 
        purposes of the United States Boxing Commission Act.
          (2) Hearings.--As part of that study, the Commission shall 
        hold hearings and solicit testimony at those hearings from 
        boxers, managers, promoters, premium, cable, and satellite 
        program service providers, hotels, casinos, resorts, and other 
        commercial establishments that host or sponsor professional 
        boxing matches, and other interested parties with respect to 
        the definition of that term as it is used in the United States 
        Boxing Commission Act.
          (3) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Commission shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report on the study conducted under 
        subsection (a). The report shall--
                  (A) set forth a proposed definition of the term 
                ``promoter'' for purposes of the United States Boxing 
                Commission Act; and
                  (B) describe the findings, conclusions, and rationale 
                of the Commission for the proposed definition, together 
                with any recommendations of the Commission, based on 
                the study.

SEC. 12. REPORTS.

  (a) Annual Report.--Not later than 2 years after the date of 
enactment of this Act, and each year thereafter, the Commission shall 
submit a report on its activities to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives. The annual report shall 
include--
          (1) a detailed discussion of the activities of the Commission 
        for the year covered by the report;
          (2) an overview of the licensing and enforcement activities 
        of the State and tribal organization boxing commissions; and
          (3) recommendations regarding additional persons or entities 
        within the sport of boxing over whom to extend the licensing 
        requirement established by this Act.
  (b) Public Report.--The Commission shall annually issue and publicize 
a report of the Commission on the progress made at Federal and State 
levels and on Indian lands in the reform of professional boxing, which 
shall include comments on issues of continuing concern to the 
Commission.

SEC. 13. SUNSET PROVISION.

  This Act shall cease to have effect 12 years after the date of 
enactment of this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated for the 
Commission for each fiscal year such sums as may be necessary for the 
Commission to perform its functions for that fiscal year.
  (b) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any fee collected under 
this Act--
          (1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        fee is imposed;
          (2) shall be available for expenditure only to pay the costs 
        of activities and services for which the fee is imposed; and
          (3) shall remain available until expended.

                          PURPOSE AND SUMMARY

    H.R. 1065 establishes a Federal Commission with oversight 
responsibilities for professional boxing in the United States. 
The bill intends to improve the integrity and safety of 
professional boxing in the United States by establishing the 
United States Boxing Commission (Commission) within the 
Department of Commerce. The Commission, consisting of three 
members appointed by the President (and providing for an 
executive director, general counsel, and such additional staff 
as necessary), will provide oversight of professional boxing 
within the United States and coordinate enforcement of Federal 
boxing laws with Federal law enforcement agencies.
    Because the states and tribal authorities have regulated 
professional boxing, laws and regulations governing 
professional boxing have varied in both nature and enforcement. 
The Commission will eliminate this inconsistency by 
establishing uniform minimum standards, which states must 
follow. The Commission is also empowered to issue additional 
regulations to improve the integrity and safety of the sport. 
Among the duties of the Commission is the establishment of a 
Federal license for certain boxing personnel as a requirement 
to participate in any professional boxing match in the United 
States. Entities subject to the license requirement are boxers, 
managers, promoters, matchmakers, referees, judges, and 
sanctioning organizations.

                  BACKGROUND AND NEED FOR LEGISLATION

    The states and the Tribal organization authorities regulate 
professional boxing in the United States. Not all states have 
boxing or athletic commissions that regulate boxing. In these 
circumstances, the states must have another state boxing 
commission supervise a professional boxing match that occurs 
within their jurisdiction.
    Congress has examined professional boxing numerous times, 
including a four-year investigation in the 1960's regarding the 
involvement of organized crime. Additional Congressional 
investigations in the 1980's and 1990's primarily concentrated 
on the health and safety of fighters and allegations of 
corruption. As a result, Congress passed legislation in 1996 
and again in 2000 (to amend the 1996 Act) in an effort to 
eliminate egregious conduct in the sport and provide enhanced 
safety for the boxers.
    In 1996, Congress enacted legislation to begin to clean up 
the sport and provide for improved safety measures for boxers. 
This legislation, the Professional Boxing Safety Act, (1) 
required that no professional boxing match may be conducted 
without the supervision of a State authorized boxing 
commission; (2) created a uniform system of registration, 
licensing, and reporting through the association of boxing 
commissions; (3) implemented procedures for mutual recognition, 
review, and appeal of boxer suspensions; (4) established 
minimum safety standards (such as a pre-fight physical exam by 
a physician, medical personnel present at ringside, and health 
insurance for boxing injuries); and, (5) prohibited boxing 
commission employees from belonging to or receiving 
compensation from those who sanction, arrange, or promote 
professional boxing matches.
    The Muhammad Ali Boxing Reform Act, enacted in 2000, 
amended the Professional Boxing Safety Act to address business 
practices and included provisions to (1) prohibit financial 
conflicts of interest between boxing managers and promoters, 
(2) regulate boxing sanctioning organizations to require the 
establishment of objective rating criteria and administrative 
procedures, (3) restrict gifts from promoters and managers to 
sanctioning organizations or employees, (4) require various 
financial disclosures to the Association of Boxing 
Commissioners (ABC) and the Federal Trade Commission (FTC), 
and, (5) place certain restrictions on contracts between boxers 
and promoters/managers (limiting the length of servitude, 
etc.).
    Despite the reforms, many experts believe more needs to be 
done to enforce the existing law and to require additional 
safeguards for the physical and economic well being of 
professional boxers. The Federal laws do not create a national 
regulatory body; rather they are requirements for the states to 
follow. Many observers of the boxing industry believe that 
because there is no regulatory body to enforce the laws, they 
are being ignored.
    In July 2003, the GAO issued a report (GAO-03-699) on 
professional boxing in response to a request by the U.S. Senate 
Committee on Commerce. In its report, the GAO listed elements 
identified by industry experts as essential to improving the 
health, safety and economic interests of boxers. Regarding the 
health and safety of professional boxers, the GAO listed the 
following six elements: medical examinations, including 
neurological testing; monitoring of training injuries; 
assessments of medical risks; health and life insurance; the 
presence of appropriate medical personnel and equipment; and 
enforcement of suspensions for injuries.
    Professional boxers have often been left with little or 
nothing to show from their match proceeds despite others 
earning vast wealth off the boxers' talent. Despite enactment 
of the Muhammad Ali Act in 2000 to address many of these 
concerns, the GAO found that industry experts believe 
additional changes are required. The GAO listed the following 
elements that were identified as essential to improving and 
protecting the economic interests of professional boxers: (1) 
require pension plans for boxers; (2) require full disclosure 
of purses and payments; (3) require minimum uniform contractual 
terms between boxers and promoters; and, (4) prohibit conflicts 
of interest.
    The Committee agrees that there are additional reforms that 
are necessary to improve the health and safety as well as the 
economic interests of professional boxers.

                                HEARINGS

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held a hearing on H.R. 1065 on Thursday, March 3, 
2005. The Subcommittee received testimony from: Dr. Michael 
Schwartz, American Association of Professional Ringside 
Physicians; Linda Torres, International Boxing Federation; and 
Ron Scott Stevens, New York State Athletic Commission.

                        COMMITTEE CONSIDERATION

    On Wednesday, May 25, 2005, the Subcommittee on Commerce 
Trade, and Consumer Protection met in open markup session and 
approved H.R. 1065 for full Committee consideration, amended, 
by a voice vote, a quorum being present. On Wednesday, June 29, 
2005, the full Committee met in open markup session and ordered 
H.R. 1065 favorably reported to the House, amended, by a 
recorded vote of 25 yeas and 16 nays, a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. The 
following is the recorded vote taken on the motion by Mr. 
Barton to order H.R. 1065 reported to the House, amended, which 
was agreed to by a recorded vote of 25 yeas and 16 nays.


                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    H.R. 1065 establishes the United States Boxing Commission 
to protect the general welfare of boxers and to ensure fairness 
in the sport of professional boxing.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1065, the United States Boxing Commission Act, would result in 
no new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 18, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1065, the United 
States Boxing Commission Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Melissa E. 
Zimmerman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1065--United States Boxing Commission Act

    Summary: H.R. 1065 would establish the United States Boxing 
Commission (USBC) within the Department of Commerce. The 
commission would protect the interests of boxers and would 
govern the business of professional boxing by regulating the 
sport of boxing, licensing and registering boxing participants, 
and overseeing all boxing matches in the United States.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1065 would cost $5 million in 
2006 and $26 million over the 2006-2010 period. Enacting the 
bill would not affect direct spending or revenues.
    By placing requirements on boxing commissions run by state 
and tribal governments, H.R. 1065 would impose 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the cost of those 
mandates would not be significant and would not exceed the 
threshold established in that act ($62 million in 2005, 
adjusted annually for inflation).
    H.R. 1065 would impose several private-sector mandates, as 
defined in UMRA, on the boxing industry. CBO estimates that the 
total direct cost of those mandates would fall below the annual 
threshold established by UMRA for private-sector mandates ($123 
million in 2005, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1065 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

------------------------------------------------------------------------
                                  By fiscal year, in millions of dollars
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...       6       6       5       5       5
Estimated Outlays...............       5       6       5       5       5
------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
1065 would cost $26 million over the 2006-2010 period, assuming 
appropriation of the necessary amounts. For this estimate, we 
assume that the bill will be enacted before the start of 2006 
and that the amounts estimated to be necessary will be 
appropriated for each year beginning in fiscal year 2006. 
Enacting the bill would not affect direct spending or revenues.
    Currently, tribal and state boxing commissions act as 
governing bodies--issuing licenses, ensuring boxing safety, and 
monitoring boxing contracts and fights within their 
jurisdiction. The USBC would not replace those entities or the 
activities they undertake; however, H.R. 1065 would create a 
separate, federal entity to govern the sport of professional 
boxing with national, minimal standards and licensing 
requirements.

United States Boxing Commission

    H.R. 1065 would create the USBC within the Department of 
Commerce. It would be headed by three commissioners to be 
appointed by the President. In addition to those positions, 
H.R. 1065 would allow the hiring of necessary staff to fulfill 
the requirements of the bill. The USBC would create and monitor 
compliance with regulations establishing uniform standards for 
professional boxing and would oversee all boxing matches held 
in the United States. Based on information provided by the 
Department of Commerce, CBO estimates the costs of the USBC 
would be about $4 million in 2006 and about $23 million over 
the 2006-2010 period, assuming the appropriation of the 
necessary amounts.

Licensing and registration

    H.R. 1065 would require the USBC to license boxers, 
managers, and promoters every two to four years. CBO assumes 
that license fees would be similar to those currently chargedby 
state boxing commissions. The bill would require the USBC to maintain a 
registry with the names of licensed boxers, managers, and promoters, as 
well as boxing judges and referees. Based on spending for similar 
registries, CBO estimates that the cost of developing the boxing 
registry would be about $2 million over the 2006-2009 period, assuming 
the appropriation of the necessary amounts. CBO estimates that the 
licensing fees (considered offsetting collections) would offset the 
cost of maintaining the registry by about 2009.
    Estimated impact on state, local, and tribal governments: 
H.R. 1065 contains intergovernmental mandates as defined in 
UMRA because it would preempt the regulatory authority of 
certain state and tribal boxing commissions. The bill would 
create a United States Boxing Commission with the authority to 
promulgate uniform regulations and to review the regulations of 
state boxing commissions. Information from tribes involved in 
professional boxing and from the Association of Boxing 
Commissions indicates that many state and tribal boxing 
commissions already regulate boxing matches using standards 
similar to those that would be required by this bill. CBO 
therefore expects any costs associated with additional 
regulations to be minimal.
    H.R. 1065 also would give the USBC authority to subpoena 
witnesses and evidence from any place in the United States, 
including Indian land. This authority would be considered a 
mandate under UMRA, but because it would be used rarely, it 
would not be likely to impose significant costs.
    CBO estimates that the cost of complying with all of the 
intergovernmental mandates in the bill would not be significant 
and, therefore, would not exceed the threshold established in 
UMRA ($62 million in 2005, adjusted annually for inflation).
    Estimated impact on the private sector: H.R. 1065 would 
impose several private-sector mandates, as defined in UMRA, on 
the boxing industry. Such mandates would require private 
entities of the industry to be licensed by USBC, comply with 
USBC standards, and provide testimony, evidence, or materials 
related to any investigations conducted by the USBC. CBO 
estimates that the total direct cost of those mandates would 
fall below the annual threshold established by UMRA for 
private-sector mandates ($123 million in 2005, adjusted 
annually for inflation).
    The bill would require boxers, managers, promoters, 
referees, judges, and sanctioning organizations to be licensed 
by the USBC established in the bill. Those private entities 
would be required to comply with the minimum standards set 
forth by the USBC to receive and renew their licenses. USBC 
would be required to consult with the Association of Boxing 
Commissions when setting uniform standards for the industry. 
CBO expects that future uniform standards established by the 
USBC would be incremental but, in many ways, similar to some 
combination of current state standards. CBO cannot estimate the 
costs associated with complying with those future minimum 
standards due to the uncertainty of what those standards would 
be. However, CBO expects that the incremental costs to comply 
with those standards would be minimal compared to UMRA' s 
threshold because the boxing industry must currently comply 
with state standards. According to representatives of the 
boxing industry, license fees would most likely cost the 
industry less than $1 million per year.
    In addition, entities in the private sector, if subpoenaed, 
would be required to attend and provide testimony, evidence, or 
materials related to any investigations the USBC may conduct. 
Such a requirement would be a private-sector mandate under 
UMRA. Based on information from the Department of Labor, CBO 
expects that the commission would likely exercise its subpoena 
power sparingly and that the costs to comply with a subpoena 
would not be significant.
    Previous CBO estimate: On April 1, 2005, CBO transmitted a 
cost estimate for S. 148, the Professional Boxing Amendments 
Act of 2005, as ordered reported by the Senate Committee on 
Commerce, Science, and Transportation on March 10, 2005. Both 
S. 148 and H.R. 1065 would create a United States Boxing 
Commission that would have similar duties related to the sport 
of professional boxing. S. 148 would create a medical registry 
and would make violations of certain provisions of the 
Professional Boxing Safety Act of 1996 federal crimes, while 
H.R. 1065 would not. The federal cost estimates for the bills 
reflect these differences.
    S. 148 contains additional testing and reporting 
requirements for state and tribal boxing commissions. The 
intergovernmental mandates statements reflect these differences 
between the two bills.
    Both S. 148 and H.R. 1065 would require the professional 
boxing industry to be licensed by the USBC, to comply with the 
standards to be established by the USBC licensing, and to 
attend and provide testimony, evidence, or materials related to 
any investigations the USBC may conduct. S. 148 includes 
additional mandates on the boxing industry not found in H.R. 
1065 by requiring additional safety standards, standard clauses 
for contracts, and filing of reports. CBO determined that the 
aggregate direct costs associated with complying with the 
mandates found in S. 148 would fall below the annual threshold 
established by UMRA for private-sector mandates ($123 million 
in 2005, adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Melissa E. Zimmerman. 
Impact on State, Local, and Tribal Governments: Sarah Puro. 
Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 provides this legislation shall be cited as the 
``United States Boxing Commission Act''.

Section 2. Definitions

    Section 2 provides for the definitions relevant to the 
boxing industry as applicable under this Act. As the Act does 
not amend any existing statutes, the definitions are needed to 
clarify the intent of the Committee regarding the entities 
implicated by the Act. The Committee looked to existing Federal 
and state law for substantially all of the definitions.

Section 3. Establishment of the United States Boxing Commission

    Section 3 creates the United States Boxing Commission 
within the Department of Commerce. This section stipulates that 
the three members of the Commission shall be appointed by the 
President and meet certain requirements, including the 
prohibition of simultaneously holding certain occupations 
related to professional boxing that would be in conflict with 
their purpose to serve as independent commissioners. 
Additionally, the composition of the Commission requires a 
balance of geographic representation and bipartisan political 
affiliation.
    This section provides that commissioners shall serve a term 
of three years each and are eligible to serve up to two terms. 
This section also provides for the replacement of commissioners 
in mid-term, should such occasion arise, and permits a 
commissioner to continue a term beyond two years until a 
successor has taken office. The Committee expects a successor 
will take office without undue delay. In addition, this section 
provides that a member of the commission can only be removed 
for cause.
    Further, section 3 provides for the commission to hire an 
executive director to run the day to day operations of the 
Commission and such other functions under the authority and 
direction of the Commission provided by the Act. The Commission 
is also required to hire a general counsel and such other staff 
as necessary to carry out the functions of the commission and 
its executive director and general counsel. The Commission is 
required by the Act to meet within 30 days of the appointment 
of all commissioners and meet not less than every 60 days 
thereafter.
    Finally, section 3 sets forth the compensation rates of the 
Commissioners, executive director, and general counsel at rates 
based on the Executive Schedule.

Section 4. Functions

    Section 4 provides both general and specific duties of the 
Commission. Specifically, section 4 provides that the 
Commission shall act to protect the interests of boxers, ensure 
uniformity in the sport, and oversee all professional boxing in 
the United States.
    Further, section 4 provides the Commission shall, by rule, 
promulgate uniform standards within 180 days of their first 
meeting in consultation with the Association of Boxing 
Commissions. The Committee intends the Commission will utilize 
the experience of the state commissions to craft rules 
addressing essential protections for boxers. The lack of 
uniformity--particularly enforcement--has resulted in 
inconsistencies in the past, often resulting in the economic or 
physical harm to one of the boxers.
    In addition, this section provides that the Commission 
shall undertake other actions for the betterment of the sport, 
including: (1) working with the state boxing commissions to 
improve the standards of professional boxing; (2) ensure 
Federal and state laws applicable to professional boxing are 
enforced; (3) assist state boxing commissions in meeting the 
minimum standards prescribed by this Act; and, (4) promulgate 
additional rules, regulations, and guidance to further the 
purposes of this Act. The Committee intends this provision to 
apply narrowly regarding the rules and regulations. The 
Committee is not preempting state regulation of professional 
boxing, and therefore expects rules and regulations to meet a 
reasonable standard for which states can comply. The purpose of 
such rules and regulations should be focused on addressing 
inadequacies in the sport regarding the health and safety and 
economic interests. The Committee believes the Government 
Accountability Office delineated a number of issues (GAO Report 
03-699) that potentially could be addressed through rules and 
regulations.

Section 5. Licensing registration of boxing personnel

    Section 5 provides for the requirement that no person may 
compete in a professional boxing or act in the capacity of a 
manager, promoter, matchmaker, judge, referee, or sanctioning 
organization unless they are granted a license under the Act. 
The Commission will establish licensing standards, procedures 
for application, forms, and fees within 270 days of their first 
meeting.
    In addition, this section provides that the Commission 
shall establish license fees such that boxers will pay the 
smallest portion of fees to the extent possible. The Committee 
intends this provision to recognize the financial means of the 
vast majority of professional boxers who are not in the elite 
class of boxers, do not compete for lucrative financial prizes, 
and pay annual state license fees.

Section 6. National registry of boxing personnel

    Section 6 requires the Commission shall establish (or 
authorize a third party to establish and maintain) a 
computerized registry of boxing personnel.

Section 7. Consultation requirements

    Section 7 requires the Commission to consult with the 
Association of Boxing Commissions before prescribing any 
regulation or establishing any standard under the Act and at 
least once per year as a matter of business regarding issues in 
professional boxing.

Section 8. Misconduct

    Section 8 provides the Commission with authority to suspend 
or revoke a license or registration of a license holder under 
certain conditions, including for violation of the Act. The 
Commission shall determine periods of suspension and revocation 
of a license shall not be less than one year for boxers. The 
Commission is authorized to conduct investigations to determine 
whether violations of the Act have occurred. The Commission may 
compel evidence, issue subpoenas and enforce them through the 
courts, compel testimony, and seek injunctions or temporary 
restraining orders through the courts when necessary. The 
Executive Director is empowered to act on behalf of the 
Commission to seek injunctions or restraining orders in order 
to ensure the Commission may prevent such actions in situations 
that require expedited action. Hearings conducted by the 
Commission shall be public and may be conducted by any officer 
of the Commission.

Section 9. Noninterference with boxing commissions

    Section 9 provides that nothing in the Act shall prohibit 
any boxing commission from exercising its powers or duties 
regarding the regulation or supervision of professional boxing 
or professional boxing matches to the extent such actions are 
not inconsistent with this Act. Boxing commissions are not 
prohibited from enforcing standards or requirements that exceed 
the minimum requirements promulgated by the Commission under 
this Act.

Section 10. Assistance from other agencies

    Section 10 provides that the Commission may have employees 
from other entities detailed to it upon consent of the proper 
authority with jurisdiction over the employee.

Section 11. Studies

    Section 11 requires the Commission to conduct several 
studies. The Commission shall report to the Committees of 
jurisdiction within one year on various aspects regarding the 
health and safety of boxers, including an examination of: (1) 
risks or serious injuries, including those particular to each 
sex; (2) long term effects of boxing on the health of boxers; 
(3) the availability of health insurance for boxers; (4) the 
effect of different equipment regarding the risk of potential 
injury; and, (5) the effectiveness of safety standards and 
regulations.
    The Commission shall also conduct a study on how the 
definition of the term ``promoter'' should be defined for 
purposes of the Act and report to the Committees of 
jurisdiction, with recommendations, within one year. The 
Commission shall conduct hearings and solicit the testimony of 
all interested parties as part of its study.

Section 12. Reports

    Section 12 requires the Commission to report within two 
years of enactment, and annually thereafter, on the activities 
of the Commission, an overview of the licensing and enforcement 
activities of the state and Tribal organization boxing 
commissions, and any recommendations regarding additional 
entities who should be subject to the licensing provisions of 
this Act. The Commission shall also issue a public report 
annually and comment on the progress of reform at the state and 
Tribal organization level.

Section 13. Sunset provision

    Section 13 requires the Act cease 12 years after the date 
of enactment.

Section 14. Authorization of appropriations

    Section 14 provides that any fees collected pursuant to the 
Act shall be credited as offsetting collections and available 
to the Commission until expended.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  
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