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



109th Congress                                            Rept. 109-209
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

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



 
                  UNITED STATES BOXING COMMISSION ACT

                                _______
                                

               September 30, 2005.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, 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 the Judiciary, 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 an amendment, but without 
recommendation on the bill as amended.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     7
Background.......................................................     8
Hearings.........................................................     8
Committee Consideration..........................................     8
Vote of the Committee............................................     8
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Performance Goals and Objectives.................................    12
Constitutional Authority Statement...............................    12
Section-by-Section Analysis and Discussion.......................    12
Changes in Existing Law Made by the Bill, as Reported............    14

                             THE 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, or a 
        designee of the Attorney General, (who shall represent the 
        Commission in any judicial proceeding under this Act), the 
        chief law enforcement officer of the several States, and other 
        appropriate officers and agencies of Federal, State, and local 
        government, that Federal and State laws applicable to 
        professional boxing matches in the United States are 
        vigorously, effectively, and fairly enforced;
          (3) review State boxing commission regulations for 
        professional boxing and provide assistance to such authorities 
        in meeting minimum standards prescribed by the Commission under 
        this Act;
          (4) if the Commission determines appropriate, publish a 
        newspaper, magazine, or other publication and establish and 
        maintain an Internet website consistent with the provisions of 
        this Act; and
          (5) promulgate rules, regulations, and guidance, and take any 
        other action necessary and proper to accomplish the purposes 
        of, and consistent with, the provisions of this Act.
  (d) Prohibitions.--The Commission may not--
          (1) promote boxing events or rank professional boxers; or
          (2) provide technical assistance to, or authorize the use of 
        the name of the Commission by, boxing commissions that do not 
        comply with requirements of the Commission.

SEC. 5. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

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

SEC. 6. NATIONAL REGISTRY OF BOXING PERSONNEL.

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

SEC. 7. CONSULTATION REQUIREMENTS.

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

SEC. 8. MISCONDUCT.

  (a) Suspension and Revocation of License or Registration.--
          (1) Authority.--The Commission may, after notice and 
        opportunity for a hearing, suspend or revoke any license issued 
        under this Act if the Commission--
                  (A) finds that the license holder has violated any 
                provision of this Act or a standard prescribed under 
                this Act;
                  (B) reasonably believes that a standard prescribed by 
                the Commission under this Act is not being met, or that 
                bribery, collusion, intentional losing, racketeering, 
                extortion, or the use of unlawful threats, coercion, or 
                intimidation have occurred in connection with a 
                license; or
                  (C) finds that the suspension or revocation is in the 
                public interest.
          (2) Period of suspension.--A suspension of a license under 
        this section shall be effective for a period determined 
        appropriate by the Commission.
          (3) Period of revocation.--In the case of a revocation of the 
        license of a boxer, the revocation shall be for a period of not 
        less than 1 year.
  (b) Investigations and Injunctions.--
          (1) Authority.--The Commission may--
                  (A) conduct any investigation that it considers 
                necessary to determine whether any person has violated, 
                or is about to violate, any provision of this Act or 
                any regulation prescribed under this Act;
                  (B) require or permit any person to file with it a 
                statement in writing, under oath or otherwise as the 
                Commission shall determine, as to all the facts and 
                circumstances concerning the matter to be investigated;
                  (C) in its discretion, publish information concerning 
                any violations; and
                  (D) investigate any facts, conditions, practices, or 
                matters to aid in the enforcement of the provisions of 
                this Act, in the prescribing of regulations under this 
                Act, or in securing information to serve as a basis for 
                recommending legislation concerning the matters to 
                which this Act relates.
          (2) Powers.--
                  (A) In general.--For the purpose of any investigation 
                under paragraph (1) or any other proceeding under this 
                Act--
                          (i) any officer designated by the Commission 
                        may administer oaths and affirmations, subpoena 
                        or otherwise compel the attendance of 
                        witnesses, take evidence, and require the 
                        production of any books, papers, 
                        correspondence, memoranda, or other records the 
                        Commission considers relevant or material to 
                        the inquiry; and
                          (ii) the provisions of sections 6002 and 6004 
                        of title 18, United States Code, shall apply.
                  (B) Witnesses and evidence.--The attendance of 
                witnesses and the production of any documents under 
                subparagraph (A) may be required from any place in the 
                United States, including Indian land, at any designated 
                place of hearing.
          (3) Enforcement of subpoenas.--
                  (A) Civil action.--In case of contumacy by, or 
                refusal to obey a subpoena issued to, any person, the 
                Commission may file an action in any district court of 
                the United States within the jurisdiction of which an 
                investigation or proceeding is carried out, or where 
                that person resides or carries on business, to enforce 
                the attendance and testimony of witnesses and the 
                production of books, papers, correspondence, 
                memorandums, and other records. The court may issue an 
                order requiring the person to appear before the 
                Commission to produce records, if so ordered, or to 
                give testimony concerning the matter under 
                investigation or in question.
                  (B) Failure to obey.--Any failure to obey an order 
                issued by a court under subparagraph (A) may be 
                punished as contempt of that court.
                  (C) Process.--All process in any contempt case under 
                subparagraph (A) may be served in the judicial district 
                in which the person is an inhabitant or in which the 
                person may be found.
                  (D) Administrative subpoenas.--The requirements of 
                section 3486 of title 18, United States Code, shall 
                apply to the administration and enforcement of 
                subpoenas under this Act.
          (4) Evidence of criminal misconduct.--No person may be 
        excused from attending and testifying or from producing books, 
        papers, contracts, agreements, and other records and documents 
        before the Commission, in obedience to the subpoena of the 
        Commission, or in any cause or proceeding instituted by the 
        Commission, on the ground that the testimony or evidence, 
        documentary or otherwise, required of that person may tend to 
        incriminate the person or subject the person to a penalty or 
        forfeiture.
          (5) Injunctive relief.--If the Commission determines that any 
        person is engaged or about to engage in any act or practice 
        that constitutes a violation of any provision of this Act, or 
        of any regulation prescribed under this Act, the Commission may 
        bring an action in the appropriate district court of the United 
        States, the United States District Court for the District of 
        Columbia, or the United States courts of any territory or other 
        place subject to the jurisdiction of the United States, to 
        enjoin the act or practice, and upon a proper showing, the 
        court shall grant without bond a permanent or temporary 
        injunction or restraining order.
          (6) Mandamus.--Upon application of the Commission, the 
        district courts of the United States, the United States 
        District Court for the District of Columbia, and the United 
        States courts of any territory or other place subject to the 
        jurisdiction of the United States, shall have jurisdiction to 
        issue writs of mandamus commanding any person to comply with 
        the provisions of this Act or any order of the Commission.
  (c) Intervention in Civil Actions.--
          (1) In general.--The Commission, on behalf of the public 
        interest, may intervene of right as provided under rule 24(a) 
        of the Federal Rules of Civil Procedure in any civil action 
        relating to professional boxing filed in a district court of 
        the United States.
          (2) Amicus filing.--The Commission may file a brief in any 
        action filed in a court of the United States on behalf of the 
        public interest in any case relating to professional boxing.
  (d) Hearings by Commission.--Hearings conducted by the Commission 
under this Act shall be public and may be held before any officer of 
the Commission. The Commission shall keep appropriate records of the 
hearings.

SEC. 9. NONINTERFERENCE WITH BOXING COMMISSIONS.

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

SEC. 10. ASSISTANCE FROM OTHER AGENCIES.

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

SEC. 11. STUDIES.

  (a) Health and Safety Study.--
          (1) Study.--The Commission shall conduct a study on the 
        health and safety aspects of boxing, including an examination 
        of--
                  (A) the risks or serious injury and the nature of 
                potential injuries, including risks particular to 
                boxers of each sex;
                  (B) the long term effect of boxing on the health of 
                boxers;
                  (C) the availability of health insurance for boxers;
                  (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

    The purpose of H.R. 1065, the ``United States Boxing 
Commission Act of 2005,'' is to create a Federal boxing 
commission to regulate the sport of boxing at the professional 
level. The Commission would have the power to regulate boxers 
and promoters, investigate illegal activities in the sport, and 
use the Federal courts to enforce its regulatory authority.
    The legislation was sequentially referred to the House 
Judiciary Committee on July 28, 2005. The sequential referral 
expires September 30, 2005. The Judiciary Committee sequential 
referral was triggered by the provisions of the bill (Section 
8) that enable the newly-formed U.S. Boxing Commission to issue 
and enforce subpoenas and to compel testimony by potential 
witnesses to illegal activity.

                               BACKGROUND

    Various studies and investigations have found that 
corruption and organized criminal activity are present within 
the sport of boxing. Other studies have identified ways in 
which boxing safety can be improved. To address these concerns, 
Congress enacted the ``Professional Boxing Safety Act of 1996'' 
(110 Stat. 3309) and the ``Muhammad Ali Boxing Reform Act of 
2000'' (114 Stat. 327). These pieces of legislation 
respectively increased the powers of State boxing commissions 
to ensure safe fights and regulated some of the financial 
aspects of boxing including contracts.
    The Senate companion legislation sponsored by Senator 
McCain, S. 148, passed the Senate on May 9, 2005 by unanimous 
consent.

                                HEARINGS

    The House Committee on the Judiciary held no hearings on 
H.R. 1065.

                        COMMITTEE CONSIDERATION

    On July 28, 2005, the House Committee on the Judiciary 
received a sequential referral of H.R. 1065. On September 29, 
2005 the Committee met in open session and ordered without 
recommendation reported the bill H.R. 1065 to the House by a 
voice vote, a quorum being present.

                         VOTE OF THE COMMITTEE

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 1065.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill H.R. 1065, the following estimate and 
comparison prepared by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974.

                                                September 30, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, 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 Z. 
Petersen.
            Sincerely,
                                               Douglas Holtz-Eakin.
    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 for 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 near the beginning of 
fiscal year 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 charged 
by 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 and require states 
and tribes to comply with uniform regulations to be created by 
the United States Boxing Commission. The USBC also would have 
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 the United States 
Boxing Commission, 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 estimates: On July 18, 2005, CBO transmitted a 
cost estimate for H.R. 1065, the United States Boxing 
Commission Act, as ordered reported by the House Committee on 
Energy and Commerce on June 29, 2005. The two pieces of 
legislation are similar, and the estimated cost to the federal 
government are identical. The Judiciary Committee's version of 
H.R. 1065 differs in that it contains an additional provision 
regarding administrative subpoenas. The new provision does not 
affect CBO's private-sector mandate determination for the bill.
    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 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 Z. Petersen. 
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.

                    PERFORMANCE GOALS AND OBJECTIVES

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1065 is designed to regulate the sport of professional boxing 
and to empower the newly created U.S. Boxing Commission to turn 
to the Federal courts to compel compliance with its 
investigations into misconduct in the sport.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in art. I, Sec. section 8, cl. 3 of the 
Constitution.

               SECTION-BY-SECTION ANALYSIS AND DISCUSSION

    The following section-by-section analysis describes the 
bill as reported by the Committee on the Judiciary.

Section 1. Short title

    Section 1 provides for the short title of the legislation, 
the ``United States Boxing Commission Act.''

Section 2. Definitions

    Section 2 provides for a series of definitions used in the 
legislation.

Section 3. Establishment of the United States Boxing Commission

    Section 3 establishes the United States Boxing Commission 
(``Commission'') within the United States Department of 
Commerce. The Commission will consist of three commissioners 
appointed by the President who must meet certain geographic and 
bipartisanship requirements. Conflict of interest from existing 
occupations and financial interest in professional boxing will 
disqualify individuals from serving. Additional staff positions 
within the Commission with specified pay rates are identified 
in Section 3.

Section 4. Functions

    Section 4 identifies the general and specific duties of the 
Commission. These duties include:
          --Promulgating uniform standards for professional 
        boxing within 180 days;
          --Ensuring that Federal and State laws related to 
        boxing are enforced;
          --Assisting State boxing commissions; and
          --Promulgating additional standards related to 
        boxing.
    Existing State boxing standards are not preempted by the 
legislation.
    The Committee adopted an amendment to ensure that the U.S. 
Attorney General or his designee can represent the Commission 
in any judicial proceeding under this Act. As reported from the 
Committee on Energy and Commerce, the legislation appeared to 
allow only the Attorney General himself to represent the 
Commission. The amendment permits the Attorney General to 
designate other qualified individuals to represent the 
Commission before the judicial branch, such as United States 
Attorneys.

Section 5. Licensing registration of boxing personnel

    Section 5 creates a licensing requirement for boxers, 
referees, promoters, judges, and sanctioning organizations. The 
Commission is provided 270 days to promulgate the 
licensingstandards. Licensing fees are authorized with the goal of 
keeping fees on individual boxers low.

Section 6. National registry of boxing personnel

    The Commission is required to establish a central registry 
of boxing personnel under this section of the legislation.

Section 7. Consultation requirements

    Section 7 imposes upon the Commission a requirement to 
consult with the Association of Boxing Commissions on a minimum 
yearly basis.

Section 8. Misconduct

    As amended, section 8 provides the Commission with the 
authority and tools to investigate misconduct and to suspend or 
revoke a license issued under the Act upon determination that 
certain actions have occurred. Commission determinations cannot 
be used in Federal or State courts and agencies as grounds for 
other actions unless the forfeiture or restriction of the 
license itself results in actionable harm. A determination of 
racketeering by the Commission cannot be used to convict an 
individual of the same offense in Federal or State courts, or 
to cause a penalty to be imposed by other Federal or State 
agencies.
    Similar to other Federal agencies and commissions, the 
legislation provides the Commission with the authority to seek 
compulsion of its subpoenas in Federal court in the district 
where the investigation is occurring or where the person 
subject to the subpoena resides. The amendment reported by the 
Committee on the Judiciary subjects this authority to existing 
restrictions on such administrative subpoena authority for 
other agencies listed in 18 U.S.C. Sec. Sec. 3486, 6002, and 
6004.
    The Committee amendment to this section also reduced the 
authority of the Executive Director of the Commission to seek 
injunctions in Federal courts. The Committee believes that any 
actions taken on the Commission's behalf before the Federal 
judiciary should be authorized by a majority vote of the 
Presidentially-appointed and confirmed Commissioners, rather 
than an Executive Director who has not been so appointed and 
confirmed. In practice, this change should have little effect 
on the actions of the Commission, since the three Commissioners 
can quickly vote to authorize such action. In addition, the 
requirement that the Commissioners themselves authorize such 
actions ensures that the balanced qualifications imposed upon 
the Commissioners themselves in section 3 of the legislation, 
including bipartisanship, have a role in determining whether to 
seek an injunction in Federal courts.

Section 9. Noninterference with boxing commissions

    Section 9 prohibits the Commission from exercising its 
powers in a way that limits other State boxing commissions from 
operating unless the State commissions act contrary to the Act.

Section 10. Assistance from other agencies

    This section authorizes detailees from other Federal 
agencies to participate in the work of the Commission.

Section 11. Studies

    Section 11 requires a series of studies on health and 
safety issues related to boxing as well as the definition of 
the term ``boxing promoter.''

Section 12. Reports

    Section 12 requires several reports on an annual and 
biennial basis.

Section 13. Sunset provision

    Section 13 imposes a 12-year sunset requirement on the Act.

Section 14. Authorization of appropriations

    Section 14 authorizes that fees collected by the Commission 
shall be available for use by the Commission.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    The bill was referred to this committee for consideration 
of such provisions of the bill and the amendment as fall within 
the jurisdiction of this committee pursuant to clause 1(k) of 
rule X of the Rules of the House of Representatives. The 
changes made to existing law by the amendment reported by the 
Committee on Energy and Commerce are shown in the report filed 
by that committee (Rept. 109-209, Part 1). The amendments made 
by this committee do not make any changes to existing law.

                                  
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