[Senate Report 109-58]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
1st Session 109-58
_______________________________________________________________________
Calendar No. 72
THE PROFESSIONAL BOXING AMENDMENTS ACT OF 2005
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 148
April 13, 2005.--Ordered to be printed
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
first session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
David Russell, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 72
109th Congress Report
SENATE
1st Session 109-58
======================================================================
THE PROFESSIONAL BOXING AMENDMENTS ACT OF 2005
_______
April 13, 2005.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 148]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 148) to establish a United
States Boxing Commission to administer the Act, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
S. 148 would amend the Professional Boxing Safety Act of 1996
(15 U.S.C. 6301 et seq.), as amended by the Muhammad Ali Boxing
Reform Act of 2000 (Pub. L. 106-210), to strengthen existing
Federal boxing laws by standardizing certain health and safety
requirements, establishing a centralized medical registry to be
used by local boxing commissions to protect boxers, reducing
arbitrary practices of sanctioning organizations, and providing
uniformity in ranking criteria and contractual guidelines. The
bill would also establish a Federal entity, the United States
Boxing Commission (USBC), to promulgate minimum uniform
standards for professional boxing and enforce Federal boxing
laws.
Background and Needs
Professional boxing is the only major sport in the United
States without a strong, centralized association or league to
establish and enforce uniform rules and practices. There is no
widely-established union of boxers, no collective body of
promoters or managers, and no consistent level of State
regulation among State athletic commissions. This vacuum of
effective public or private oversight has contributed to
decades of scandals, controversies, and unethical practices in
professional boxing, in addition to gaps in health and safety
protections.
The professional boxing industry is regulated on a State-by-
State basis, which results in varying degrees of oversight
depending on the will and resources of each State's athletic
commission or boxing regulatory office. Due to the lack of
uniform business practices or ethical standards, the sport of
boxing has suffered from the physical and financial
exploitation of its athletes.
Specific examples of business misconduct in boxing include:
promoters deducting large percentages of a boxer's purse to
enrich themselves; promoters coercing boxers into signing long-
term, onerous contracts as a condition for competing; promoters
forcing boxers to hire an associate or relative of the
promoter; and illegitimate ratings systems wherein sanctioning
organizations rank boxers and award ``championship titles''
based on boxers' personal connections rather than win/loss
records. Under the current system, business relationships
between promoters and sanctioning organizations largely take
precedence over the athletic merits of fighters.
An area of particular concern with the professional boxing
industry involves the role and conduct of sanctioning
organizations. Rather than having a single, internationally-
recognized ``Heavyweight Champion'' or ``Welterweight
Champion,'' there are now more than a half dozen such
``champions'' as determined by a variety of boxing ratings
organizations. The most prominent are the World Boxing Council
(WBC), based in Mexico City; the World Boxing Association
(WBA), based in Venezuela; the International Boxing Federation
(IBF), based in New Jersey; and the World Boxing Union (WBU),
based in England. Each of these organizations operates
independently, and often their ratings are subjective judgments
about the relative skills of boxers. In effect, they compete
with one another, commonly ignoring the highly-rated boxer of a
competing sanctioning body in order to promote their own
``champion'' and top contenders. Sanctioning organizations fund
their activities by charging championship-level boxers 3-5
percent of their purse as a sanctioning fee.
Sanctioning organizations are continuously criticized by
members of the boxing industry, sportswriters, and boxing fans
for diminishing the legitimacy of the title, ``world
champion,'' and ranking boxers based on financial agreements
rather than the skills of the fighters. These practices by
sanctioning organizations often prevent boxing fans from seeing
matches between the best fighters in each weight division.
In 1996, the Professional Boxing Safety Act (PBSA) was
enacted (P.L. 104-272). The PBSA was a bipartisan measure that
sought to establish a minimum level of health and safety
requirements to protect the welfare of professional boxers.
Prior to the PBSA, while many States had boxing laws on the
books, others did not require any public oversight of boxing,
and the absence of enforcement of regulations resulted in
fraudulent bouts, the exploitation of boxers, and a lack of
adequate medical services at many events.
The PBSA, among other things, requires State athletic
commissions to oversee all professional boxing events;
prohibits medically-suspended fighters from participating in
boxing events; assures that States are aware if a fighter has
been suspended in another State; requires adequate medical
services to be available at ringside; and requires all boxers
to be given an identification card issued by their State
commission. The PBSA also includes a conflict-of-interest
provision that prohibits State commissioners from receiving
compensation from business interests in the industry.
In 1998, Congress again sought to reform the professional
boxing industry. The Senate passed another bipartisan measure,
the Muhammad Ali Boxing Reform Act (Muhammad Ali Act), but the
House did not act on it. The legislation was reintroduced
during the 106th Congress, approved by the House and Senate,
and signed into law in May 2000 (P.L. 106-210). The Muhammad
Ali Act was designed to protect the rights and welfare of
professional boxers by preventing exploitive, oppressive, and
unethical business practices; to assist State boxing
commissions in providing more effective public oversight of the
sport; and to promote honorable competition to enhance the
overall integrity of the boxing industry. The Muhammad Ali Act
also addressed the manipulation of boxer ratings by requiring
that sanctioning organizations disclose annually their ratings
policies and bylaws by either posting the information on their
Web sites or filing it with the Federal Trade Commission.
While these laws have had a positive impact on professional
boxing, the sport remains beset by a variety of problems, some
beyond the scope of State and local regulation. Unfortunately,
both the PBSA (as amended by the Muhammad Ali Act) and State
laws have not been adequately enforced by Federal and State law
enforcement officials. The primary reasons for this lack of
enforcement have been either a lack of resources in Federal and
State budgets or simply a lack of interest.
The U.S. Government Accountability Office (GAO) confirmed the
inconsistency of State and federal enforcement in its July 2003
report on professional boxing regulation, in which it concluded
that, because professional boxing is regulated predominantly on
a State-by-State basis, there is a varying degree of oversight
depending on the resources and priorities of each State or
tribal commission.\1\ The report also indicated that the lack
of consistency in compliance with federal boxing law among
State and tribal commissions ``does not provide adequate
assurance that professional boxers are receiving the minimum
protections established in federal law.'' \2\ In sum, State and
tribal commissions are not upholding minimum contractual and
safety standards to provide boxers with adequate protection in
their workplace, the ring.\3\
---------------------------------------------------------------------------
\1\ U.S. Gen. Accounting Office, Professional Boxing: Issues
Related to the Protection of Boxers' Health, Safety, and Economic
Interests 4-6 (2003).
\2\ Id. at 7.
\3\ Id.
---------------------------------------------------------------------------
The report also concluded that federal action under the PBSA,
as amended by the Ali Act, has been ``limited,'' and, per the
U.S. Department of Justice (DoJ), that ``there were no records
of cases brought by the U.S. Attorneys' offices under the
federal boxing legislation during fiscal years 1996 through
2002 and * * * no referrals from law enforcement agencies were
made.'' \4\ The explanation provided by the DoJ when questioned
about the lack of prosecutions under federal boxing law is that
violations of these laws are misdemeanors, which do not receive
significant resources from the DoJ.\5\
---------------------------------------------------------------------------
\4\ Id. at 5.
\5\ Id.
---------------------------------------------------------------------------
Summary of Provisions
S. 148 would amend the PBSA to: (1) establish and maintain a
confidential (except for the use by boxing commissions) medical
registry that would contain comprehensive medical records and
medical suspension information for every licensed professional
boxer; (2) make uniform certain ``safety standards'' for all
boxing commissions, including a requirement that emergency
medical personnel and an ambulance be continually present at
all professional boxing matches; (3) require testing for
infectious diseases (e.g., hepatitis); (4) require promoters to
post some form of security (e.g., performance bond, cashiers
check, etc.) prior to a match with the appropriate boxing
commission to ensure payment of purse monies to boxers who
participate and are contractually entitled to receive it; (5)
make several changes to definitions, including the term
``boxing commission'' to include tribal organizations; (6)
authorize tribal organizations to establish boxing commissions
as long as a certain level of safety standards and other
requirements are established; (7) mandate that sanctioning
organizations adopt and follow ratings guidelines/criteria; (8)
require that judges and referees be assigned for each match by
the appropriate boxing commission without interference from
sanctioning organizations; (9) require a newly-created
regulatory entity, in consultation with the Association of
Boxing Commissions (ABC), to develop guidelines for minimal
contractual provisions that should be included in all bout
agreements and boxer/manager contracts; and, (10) require more
stringent financial disclosures (within a specified period) by
promoters and sanctioning organizations.
S. 148 also would create the USBC, a Federal entity located
within the Department of Commerce, to promulgate minimum
uniform standards for professional boxing and enforce Federal
boxing laws. The USBC would be comprised of three members, each
of whom would be required to be a U.S. citizen with extensive
experience in professional boxing activities or a field
directly related to professional sports. Each member would be
required to have outstanding character and integrity, and
selected without regard to political affiliation. At least one
member would be a former local boxing member, and, if
practicable, one member would be a physician. Members would be
precluded from any dealings in the boxing industry, and not
more than two members would be from the same political party or
reside in the same geographical region (split by the
Mississippi River). The USBC would be authorized to employ an
executive director to implement the policies of the USBC, a
general counsel, and any additional staff as needed to carry
out the Commission's statutory mandate.
The USBC's primary functions would be to protect the health,
safety, and general interests of boxers. The USBC, among other
things, would oversee and administer Federal boxing laws, and
work with those who participate in professional boxing to
improve the sport. The USBC would promulgate minimum uniform
standards for boxing (in consultation with the ABC and
sanctioning organizations). The USBC would also ensure, through
the U.S. Attorney General and the chief law enforcement officer
of a State, that Federal and State boxing laws are vigorously,
effectively and fairly enforced. The USBC would require all
boxers to be licensed every 4 years, as is currently required
under the Federal identification system, but would also require
all promoters, managers, and sanctioning organizations to be
licensed by the USBC every 2 years. The USBC would be
authorized to charge reasonable fees for licensing and all fees
and fines collected by the USBC would be deposited in a
revolving fund to be used to offset the USBC's appropriation.
After notice and opportunity for a hearing, the USBC would be
permitted to suspend or revoke any license issued under the
PBSA if it finds that action is necessary to protect the health
or safety of a boxer, or there are reasonable grounds to
believe that a USBC standard is not being met or another
unlawful act has occurred. The USBC also would be granted
authority to conduct investigations, subpoena, administer oaths
and affirmations, require the production of information, and
seek injunctions to further the purposes of the PBSA.
The USBC would maintain a unified national computerized
registry for collecting, storing and retrieving information
related to professional boxing. The USBC would be required to
consult with local boxing commissions before establishing any
regulation or standard under the PBSA. The USBC would be
required to submit to Congress an annual report containing a
detailed description of its activities, including, within 12
months of enactment, the results of a USBC study to determine
the appropriate definition of the term ``promoter.''
Legislative History
On January 25, 2005, Senator McCain introduced S. 148, the
Professional Boxing Amendments Act, along with co-sponsors
Senators Stevens and Dorgan. On February 1, 2005, Congressmen
King, Osborne, and Pickering introduced a House companion bill
(H.R. 468). In addition, Congressman Stearns introduced a bill
(H.R. 1065) on March 2, 2005, that also would create a national
boxing commission, though Mr. Stearns's bill would not include
the health and safety title that is contained in both S. 148
and its House companion bill. H.R. 468 was referred jointly to
both the House Energy and Commerce Committee and the Education
and Workforce Committee.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 148--Professional Boxing Amendments Act of 2005
Summary: S. 148 would establish the United States Boxing
Commission (USBC) within the Department of Commerce. The
commission would protect the safety and interests of boxers and
would govern the business of professional boxing by regulating
boxing contracts, licensing and registering boxing
participants, and issuing guidelines for ranking boxers.
Assuming the appropriation of the necessary amounts, CBO
estimates that implementing S. 148 would cost $7 million in
2006 and $34 million over the 2006-2010 period.
S. 148 also would make violations of certain provisions of
the Professional Boxing Safety Act of 1996 federal crimes. CBO
estimates that this provision would not have a significant
effect on direct spending or revenues.
By placing requirements on boxing commissions run by state
and tribal governments, S. 148 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
UMRA ($62 million in 2005, adjusted annually for inflation).
S. 148 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 S. 148 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 \1\
Estimated Authorization Level...................................... 8 8 7 6 6
Estimated Outlays.................................................. 7 8 7 6 6
----------------------------------------------------------------------------------------------------------------
\1\ S. 148 Also could increase direct spending and revenues, but CBO estimates that any such effects would be
less than $500,000 a year.
Basis of estimate: CBO estimates that implementing S. 148
would cost $34 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 could increase both direct spending and
revenues, but CBO estimates that the amounts of any such
changes would not be significant.
Spending subject to appropriation
S. 148 would authorize the appropriation of such sums as
necessary for establishing a boxing commission to regulate
professional boxing matches and those individuals involved in
the sport. Based on information from the Department of
Commerce, CBO estimates that those activities would cost $7
million in 2006 and $34 million over the 2006-2010 period,
assuming appropriation of the necessary amounts.
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, the bill would specify the
minimum safety standards and licensing requirements those
entities mustmaintain. S. 148 would create a separate, federal
entity to govern the spot of boxing with national, minimal standards
and requirements for the business of professional boxing.
United States Boxing Administration. S. 148 would create
the USBC within the Department of Commerce. It would be headed
by a three-person commission to be appointed by the President.
In addition to those positions, the bill would allow the hiring
of the necessary staff to fulfill the requirements of the bill.
The USBC would monitor compliance with provision in the bill
that would establish minimum safety standards for matches and
would require medical testing and disclosures. The USBC would
issue regulations concerning the ranking of boxers by
sanctioning organization, contractual requirements, and other
issues. Finally, the USBC would have to process submitted
contracts for boxing matches and approve certain types of
boxing matches before they could occur.
Assuming the appropriation of the necessary amounts, CBO
estimates the costs of the USBC would be about $4 million in
2006 and about $24 million over the 2006-2010 period.
Licensing and Registration. S. 148 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
now 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.
Medical Registry. S. 148 also would establish a medical
registry that would contain information about the health of
each boxer, including medical records and incidents of medical
suspensions. CBO estimates that developing and maintaining the
medical registry would cost about $2 million in 2006 and about
$8 million over the 2006-2010 period, assuming the
appropriation of the necessary amounts.
Direct spending and revenues
The bill would allow the Attorney General of the United
States to pursue criminal actions for violations of laws
related to the boxing industry. The law already allows criminal
prosecution of managers, promoters, matchmakers, and licensees.
Because those prosecuted and convicted under S. 148 could be
subject to criminal fines, the federal government might collect
additional fines if the bill is enacted. Collections of such
fines are recorded in the budget as governmental revenues,
deposited in the Crime Victims Fund, and spent in subsequent
years. CBO expects that any additional receipts and direct
spending would total less than $500,000 each year.
Estimated impact on state, local, and tribal governments:
S. 148 contains intergovernmental mandates as defined in UMRA
because state and tribal boxing commissions would be required
to meet certain health and safety standards and reporting
requirements. Currently, most boxing commissions maintain
various levels of health and safety standards. This bill would
make those standards uniform. It would require boxers to be
tested for infectious disease and require commissions to make
health and safety disclosures to boxers when they are
registered as well as expand safety requirements for boxing
matches. Boxing commissions would be required to report all
registries of boxers to the USBC and to meet uniform standards
to be set by the USBC.
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 health and safety measures and other USBC reporting
requirements to be minimal.
S. 148 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 probably 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: S. 148 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).
The bill would require boxers, managers, promoters,
referees, judges, and sanctioning organizations to be licensed
by the United States Boxing Commission established in the bill.
According to representatives of the boxing industry, license
fees would most likely cost the industry less than $1 million
per year.
The bill also would impose mandates on the industry by
requiring additional safety standards, standard clauses for
contracts, and the filing of reports. The bill would require
boxers, managers, promoters, and sanctioning organizations to
meet certain uniform standards addressing the health and safety
of boxers. The bill would require certain contract provisions
to be included in each bout agreement, boxer-manager contract,
and promotional agreement and would require those agreements to
be filed with the USBC. Sanctioning organizations would be
required to adopt guidelines to be promulgated by the USBC for
the rating of professional boxers. Under the bill, promoters,
broadcasters, judges, referees, and sanctioning organizations
would be required to report certain information about boxing
matches to the USBC. Based on information from the Department
of Labor and representatives of the boxing industry, a majority
of the industry already complies in large part with the above
requirements under state boxing commission regulations.
Therefore, CBO estimates that the incremental cost for the
boxing industry to comply with those mandates would fall well
below the annual threshold established in UMRA.
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. 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.
Estimate prepared by: Federal Costs: Melissa E. Zimmerman;
Impact on State, Local, and Tribal Governments: Sara Puro;
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The legislation would apply to professional boxers, local
boxing commissions, boxing promoters, boxing managers, boxing
judges and referees, ringside physicians, boxing registries,
sanctioning organizations, as well as premium or other cable or
satellite program service providers, casinos, hotels, resorts,
and other commercial establishments that may act as promoters.
The legislation would not apply to amateur boxing.
ECONOMIC IMPACT
The economic impact of this legislation would be minimal.
PRIVACY
The impact on the personal privacy of the persons covered by
this legislation is expected to be minimal. The USBC, in
establishing and maintaining a medical registry for all
licensed professional boxers, is expected to take appropriate
action to ensure the confidentiality of such records.
PAPERWORK
The impact on paperwork is difficult to determine prior to
the formation of the USBC. Local boxing commissions may be
required by the USBC to perform minimal processing of licensing
and boxing data.
Section-by-Section Analysis
Section 1. Short title; table of contents.
Section 1 would provide that this Act may be cited as the
``Professional Boxing Amendments Act of 2005.'' This section
also provides a table of contents for this Act.
Section 2. Amendment of Professional Boxing Safety Act of 1996.
Section 2 would provide that all references to amendments to,
or repeal of, certain sections, are to be considered to be made
to a section or other provision of the Professional Boxing
Safety Act of 1996 (PBSA) (15 U.S.C. 6301 et seq.).
Section 3. Definitions.
Subsection (a) would amend section 2 of the PBSA by providing
several changes to definitions. Most notable, the term ``boxing
commission'' would be revised to include entities authorized
under tribal law to regulate professional boxing. Only State
commissions are considered ``boxing commissions'' under current
law. In addition, the terms ``bout agreement'' and
``promotional agreement'' would be modified to provide a
distinction between them.
Subsection (b) would amend section 21 of the PBSA with
respect to professional boxing matches conducted on Indian
lands. This provision would provide authority to a tribal
organization to establish a boxing commission to regulate
professional boxing held on tribal land. Should a tribal
organization establish a boxing commission, the standards
adopted by the tribal organization should be at least as
restrictive as the requirements of the State in which the
tribal organization is located, or the guidelines established
by the United States Boxing Commission (USBC).
Section 4. Purpose.
Section 4 would amend section 3(2) of the PBSA by striking
``State'' in ``State boxing commissions'' to allow tribal
organizations to be included as boxing commissions.
Section 5. Matches in jurisdictions without commissions.
Section 5 would amend section 4 of the PBSA to provide that
no person may arrange, promote, organize, produce, or fight in
a professional boxing match in the United States without
approval by the USBC and held in a State or by a tribal
commission that regulates professional boxing matches in
accordance with standards established by the USBC. Approval by
the USBC is presumed unless the USBC has been informed of a
violation of the PBSA and has notified the supervising boxing
commission that it does not approve, the match is advertised as
a championship match, the match is scheduled for 10 rounds or
more, or a boxer in the match has suffered 10 consecutive
defeats or has been knocked out five consecutive times. This
section authorizes the USBC to delegate its approval authority
to a local commission.
Section 6. Safety standards.
Section 6 would amend section 5 of the PBSA to require that
the physical examination currently required by the PBSA include
testing for infectious diseases in accordance with standards
established by the USBC. This section also would require that
an ambulance and medical personnel with appropriate
resuscitation equipment be continuously present on the site of
professional boxing matches. Current law requires either an
ambulance or medical personnel with appropriate resuscitation
equipment to be on site.
Section 7. Registration.
Section 7 would amend section 6 of the PBSA to require that
State and tribal boxing commissions provide professional boxers
with a health and safety disclosure when issuing a boxer a
Federal identification card currently required under the PBSA.
This disclosure is a ``Sense of the Congress'' in the PBSA.
This section also would require that boxing commissions furnish
to the USBC a copy of each professional boxer's registration,
as well as the registrations of boxing promoters, managers, and
sanctioning organizations.
Section 8. Review.
Section 8 would amend section 7 of the PBSA to clarify the
appeal procedure should a boxing commission impose a summary
suspension on a professional boxer. Current law creates an
inference that not only must a boxing commission establish
appeal procedures regarding the suspension of a boxer, but it
must also establish procedures to enable a boxer to have a
second hearing regarding the revocation of the suspension. This
section would clarify the intent of the current law and require
that a boxing commission establish procedures to provide a
hearing in the event a boxer seeks to contest the imposition of
a summary suspension.
Section 9. Reporting.
Section 9 would amend section 8 of the PBSA by requiring that
supervising boxing commissions report the results of a
professional boxing match to the USBC within 2 business days.
Under current law, supervising boxing commissions must report
results to each boxer registry not later than 48 business
hours.
Section 10. Contract requirements.
Section 10 would amend section 9 of the PBSA.
Subsection (a) would authorize the USBC, in consultation with
the ABC, to develop minimum contractual provisions to be
included in all bout agreements, boxer-manager contracts, and
promotional agreements. Boxing commissions would be required to
ensure that the minimum provisions are included in such
agreements or contracts.
Subsection (b) would require managers or promoters to submit
a copy of each boxer-manager contract and each promotional
agreement between the manager or promoter and the boxer to the
USBC. This subsection also would prohibit a boxing commission
from approving a professional boxing match unless a copy of the
bout agreement related to the match is filed with and approved
by the Commission.
Subsection (c) would prohibit a boxing commission from
approving a professional boxing match unless the promoter of
that match posts a surety bond, cashier's check, letter of
credit, cash, or other security acceptable to the boxing
commission. This is intended to ensure that the boxer is paid
at the conclusion of each match.
Section 11. Coercive contracts.
This section would amend section 10 of the PBSA to establish
minimum guidelines for bout agreements, boxer-manager
contracts, and promotional agreements.
Section 12. Sanctioning organizations.
This section would amend section 11 of the PBSA.
Subsection (a) would require within 1 year after the date of
enactment that the USBC develop guidelines for written criteria
for rating professional boxers based on their athletic merits.
Within 90 days of the promulgation of the guidelines, each
sanctioning organization would be required to adopt the
guidelines and follow them.
Subsection (b) would require sanctioning organizations, when
making ratings changes, to post, within 7 days and for a period
of not less than 30 days, a copy of the new ratings on its
Internet website or homepage with an explanation of the change
posted for a period not less than 30 days, provide a copy of
the rating change and an explanation to the boxer and the USBC,
provide the boxeran opportunity to appeal the ratings change,
and apply the ratings guidelines required under subsection (a) of this
section.
Subsection (c) would require sanctioning organizations that
receive inquiries from boxers challenging ratings decisions to
provide to the boxer, within 7 days, a written explanation of
the sanctioning organizations rating criteria, its rating of
the boxer, and its rationale or basis for its rating, and
submit a copy of its explanation to the ABC and the USBC.
Section 13. Required disclosures by sanctioning organizations.
Section 13 would amend section 12 of the PBSA, which bars a
sanctioning organization from receiving compensation from a
boxing match until it provides the supervising boxing
commission with a statement of fees assessed to the fighter or
received for the fight. This section would be modified to
require sanctioning organizations to provide, within 7 days
after a professional boxing match of 10 rounds or more, a
statement of all fees that a sanctioning organization ``has
assessed, or will assess'' to any boxer in the match, a written
statement of fees that a sanctioning organization ``has
received, or will receive'' from all sources affiliated with a
boxing event, and any other information that the supervising
boxing commission may require.
Section 14. Required disclosures by promoters and broadcasters.
Section 14 would amend section 13 of the PBSA, which bars a
promoter from receiving compensation from a boxing match until
it provides the supervising boxing commission with certain
financial information regarding the match. This section would
require promoters to provide to the supervising boxing
commission, within 7 days after a professional boxing match of
10 rounds or more, that same financial information. This
section also would require promoters to make similar financial
disclosures to each boxer in the match within 7 days after a
professional boxing match of 10 rounds or more, including what
the promoter has paid, or agreed to pay, to any other person in
connection with the match.
This section also would require a broadcaster that owns
television broadcast rights to a professional boxing match of
10 rounds or more to provide to the USBC within 7 days
subsequent to the match a statement of any fee owed to a
promoter in connection with the match, a copy of any contract
the broadcaster has with a boxer in the match, and a list
identifying sources of income received from the broadcast of
the match. This section would require that the information
disclosed by the broadcaster would be held as confidential by
the USBC or local commission.
Section 15. Judges and referees.
Section 15 would amend section 16 of the PBSA.
Subsection (a) would require that no person may arrange,
promote, organize, produce, or fight in a professional match
unless the referees and judges participating in the match have
been ``selected'' by the supervising boxing commission. Current
law requires that all referees and judges participating in the
match are ``certified and approved'' by the supervising boxing
commission.
Subsection (b) would require in addition to subsection (a)
that no person may arrange, promote, organize, produce, or
fight in a professional match advertised to the public as a
championship match or in a match scheduled for 10 rounds or
more unless the referees and judges participating in the match
have been licensed by the USBC.
Subsection (c) would prohibit sanctioning organizations from
influencing, directly or indirectly, the selection of judges
and referees, but would allow the organizations to provide a
list of judges or referees that the sanctioning organization
deems qualified.
Subsection (d) would permit a boxing commission to assign
judges and referees who reside outside a commission's
jurisdiction.
Subsection (e) would require that a judge or referee provide
to a supervising boxing commission a statement of all
consideration, including reimbursement for expenses, that the
judge or referee has received, or will receive, from any source
for participation in the match. This statement also would be
provided to the USBC if the match is scheduled for 10 rounds or
more.
Section 16. Medical registry.
Section 16 would create a new section 14 in the PBSA.
Subsection (a) would require that the USBC establish and
maintain, or certify a third party to establish and maintain, a
medical registry to contain the comprehensive medical records
and medical denials or suspensions for every licensed boxer in
the United States.
Subsection (b) would direct the USBC to determine the nature
of the medical records to be forwarded to the USBC and the time
within which they are to be submitted to the registry.
Subsection (c) would require the USBC to establish
confidentiality standards for the disclosure of personally-
identifiable information to boxing commissions to ensure that
the information is used for the intended purpose, which is to
protect the health and safety of professional boxers, and that
it is not publicly disclosed.
Section 17. Conflicts of interest.
Section 17 would amend section 17(a) of the PBSA by including
officers and employees of the USBC in the current list of
persons who may not hold office, contract with, or receive any
compensation from, any person who sanctions, arranges, or
promotes professional boxing matches or who otherwise has a
financial interest in an active boxer currently registered with
a boxer registry. This section also would preclude a boxer from
owning or controlling an entity that promotes the boxer's bouts
in certain instances.
Section 18. Enforcement.
Section 18 would amend section 18 of the PBSA. Under the
PBSA, the United States Attorney General has the authority to
bring a civil action in the appropriate district court to
prevent or punish a violation of the PBSA. This section would
expand that authority to include criminal actions. This section
also would make officers and employees of the USBC subject to
civil or criminal action for violation of the PBSA. This
section would allow the chief law enforcement officer of a
State to bring an action if that officer has reason to believe
that a person ``has engaged in, or is engaging'' in conduct
that violates the PBSA. Current law only allows the chieflaw
enforcement officer of a State to act while the violator is engaging
in, but not after, the unlawful conduct.
Section 19. Repeal of deadwood.
Section 19 would repeal section 20 of the PBSA, which
required the Secretary of Labor to conduct a study on the
feasibility and cost of a national pension system for
professional boxers and report the results to Congress. Section
20 of the PBSA also required the Secretary of Health and Human
Services ``to conduct a study to develop recommendations for
health, safety, and equipment standards for boxers and for
professional boxing matches.'' The expiration of these
deadlines makes this language no longer necessary in the PBSA.
Section 20. Recognition of tribal law.
Section 20 would amend section 22 of the PBSA by allowing
tribal organizations, not just States, to adopt or enforce
supplemental or more stringent laws or regulations not
inconsistent with the PBSA, or criminal, civil, or
administrative fines for violations of such laws or
regulations.
Section 21. Establishment of United States Boxing Commission.
Subsection (a) would amend the PBSA by adding a new title II
establishing the USBC, as follows:
Section 201. Purpose.
This section states that the purpose of the USBC is
to protect the health, safety, and welfare of boxers
and to ensure fairness in the sport of professional
boxing.
Section 202. Establishment of United States Boxing Commission.
Subsection (a) would establish the United States
Boxing Commission as a commission within the Department
of Commerce.
Subsection (b) would provide that the USBC would
consist of three members appointed by the President, by
and with the advice and consent of the Senate. Each
member would be required to be a U.S. citizen with
extensive experience in professional boxing activities
or a field directly related to professional sports.
Each member would be required to have outstanding
character and integrity, and selected without regard to
political affiliation. At least one member would be a
former local boxing member, and, if practicable, one
member would be a physician. Members would be precluded
from any dealings in the boxing industry, and not more
than two members would be from the same political party
or reside in the same geographical region (split by the
Mississippi River). Members would serve three-year
terms, with the possibility of reappointment.
Subsection (b) would require the USBC to employ an
executive director to perform the administrative
functions of the Commission. In addition, the
Commission would be required to hire a general counsel
and any additional staff as needed to carry out the
functions of the Commission.
Section 203. Functions.
Subsection (a) would provide the primary functions of
the USBC.
Subsection (b) lists the specific functions of the
USBC.
Subsection (c) would provide that the USBC may not
promote boxing events or rank professional boxers; or
provide technical assistance to, or authorize the use
of the name of the USBC by, boxing commissions that do
not comply with the requirements of the USBC.
Subsection (d) would provide that the USBC shall have
the exclusive right to the name ``United States Boxing
Commission.'' This subsection also provides that any
person who uses the name, USBC, without permission is
subject to a civil action by the Commission under the
Trademark Act of 1946.
Section 204. Licensing and registration of boxing personnel.
Subsection (a) would require that boxers, managers,
promoters, and sanctioning organizations be licensed by
the USBC to participate in a professional boxing match.
The USBC shall establish procedures and fees for
applying for, granting, and issuing licenses. Licenses
issued by the USBC are for 4-year terms for
professional boxers and 2-year terms for any other
person. The USBC may issue licenses through boxing
commissions.
Subsection (b) would authorize the USBC to prescribe
and charge reasonable licensing fees. In setting fees,
this subsection cautions that, to the maximum extent
possible, the USBC should ensure that club boxing is
not adversely affected, sanctioning organizations and
promoters pay the largest portion of the fees, and
boxers pay as small a portion as possible. The USBC may
collect fees through boxing commissions.
Section 205. National registry of boxing personnel.
Subsection (a) would require the USBC to establish
(or certify a third party to establish) a national
registry of boxing personnel. This registry is to
include relevant information about boxers, as well as
information on promoters, matchmakers, managers,
trainers, cut men, referees, judges, physicians, and
any other professional boxing personnel deemed
appropriate by the USBC.
Section 206. Consultation requirements.
This section would require the USBC to consult with
the ABC before prescribing any regulation or
establishing any standard, and not less than once each
year regarding matters related to professional boxing.
Section 207. Misconduct.
Subsection (a) would authorize the USBC, after notice
and opportunity for a hearing, to suspend or revoke any
license issued under this title if the USBC finds that
such action is necessary to protect health and safety
or is otherwise in the public interest; there are
reasonable grounds to believe that a USBC standard is
not being met or that certain criminal acts have
occurred; or the licensee has violated a provision of
the PBSA.The USBC would determine the period of
suspension. In the case of a revocation of the license of a boxer, the
revocation would be for a period of not less than one year.
Subsection (b) would authorize the USBC to conduct
investigations and seek injunctions to further the
purposes of the PBSA. This subsection also would
authorize the USBC to subpoena, administer oaths and
affirmations, and require the production of
information.
Subsection (c) would authorize the USBC to intervene
or file an amicus brief on behalf of the public
interest in any civil action relating to professional
boxing filed in a United States district court.
Subsection (d) would require that hearings conducted
by the USBC be public and may be held before any
officer of the USBC or before a boxing commission that
is a member of the ABC.
Section 208. Noninterference with local boxing commissions.
Subsection (a) would provide that nothing in this
title shall prohibit any boxing commission from
exercising its powers, duties, or functions with
respect to the regulation or supervision of
professional boxing to the extent such exercises is not
inconsistent with this title.
Subsection (b) would provide that nothing in this
title prohibits any boxing commission from enforcing
local standards or requirements that exceed those
promulgated by the USBC.
Section 209. Assistance from other agencies.
This section would authorize the USBC to request that
any employee of an entity be detailed to the USBC on a
reimbursable or non-reimbursable basis with the
employees' consent.
Section 210. Reports.
Subsection (a) would require the USBC to submit an
annual report to the Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Energy and Commerce. The report shall
include a detailed discussion of the activities of the
USBC and an overview of the licensing and enforcement
activities of boxing commissions.
Subsection (b) would require the USBC to publish and
publicize an annual report regarding the progress made
by the Commission to reform professional boxing at the
Federal and State levels, including on Indian lands,
and comment on continuing concerns of the USBC.
Subsection (c) would require that the first annual
report be submitted not later than 2 years after the
effective date of this title.
Section 211. Initial implementation.
Subsection (a) would provide that the licensing
requirements of this title do not apply to boxers,
judges or referees, or any other activity in relation
to professional boxing, if the person is licensed by a
boxing commission to perform that activity as of the
effective date of this title.
Subsection (b) would provide that the exemption in
subsection (a) expires on the earlier of the date on
which the license expires, or the date that is 2 years
after the date of enactment of this legislation.
Section 212. Authorization of appropriations.
Subsection (a) would authorize to be appropriated for
the USBC for each fiscal year such sums as may be
necessary to perform its functions for that fiscal
year.
Subsection (b) would provide that any fee collected
under this title be credited as offsetting collections
to the account that finances the USBC.
Subsection (c) would provide several conforming
amendments.
Section 22. Study and report on definition of promoter.
Section 22 of S. 148 would require the USBC to conduct a
study of how the term ``promoter'' should be defined for the
purposes of the Professional Boxing Safety Act and report back
to the House and Senate committees of jurisdiction within 12
months of the enactment of this legislation.
Section 23. Effective date.
Section 23 of S. 148 would provide that the amendments made
by this legislation would take effect on the date of enactment
of this legislation, except for the provisions creating the
USBC, which will take effect one year after the date of
enactment of this legislation.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
PROFESSIONAL BOXING SAFETY ACT OF 1996
[15 U.S.C. 6301 et seq.]
[SECTION 1. SHORT TITLE. [15 U.S.C. 6301 NOTE]
[This Act may be cited as the ``Professional Boxing Safety
Act of 1996''.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the `Professional
Boxing Safety Act'.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROFESSIONAL BOXING SAFETY
Sec. 101. Purposes.
Sec. 102. Approval or sanction requirement.
Sec. 103. Safety standards.
Sec. 104. Registration.
Sec. 105. Review.
Sec. 106. Reporting.
Sec. 107. Contract requirements.
Sec. 108. Protection from coercive contracts.
Sec. 109. Sanctioning organizations.
Sec. 110. Required disclosures to State boxing commissions by
sanctioning organizations.
Sec. 111. Required disclosures by promoters and broadcasters.
Sec. 112. Medical registry.
Sec. 113. Confidentiality.
Sec. 114. Judges and referees.
Sec. 115. Conflicts of interest.
Sec. 116. Enforcement.
Sec. 117. Professional boxing matches conducted on Indian lands.
Sec. 118. Relationship with State or Tribal law.
TITLE II--UNITED STATES BOXING COMMISSION
Sec. 201. Purpose.
Sec. 202. United States Boxing Commission.
Sec. 203. Functions.
Sec. 204. Licensing and registration of boxing personnel.
Sec. 205. National registry of boxing personnel.
Sec. 206. Consultation requirements.
Sec. 207. Misconduct.
Sec. 208. Noninterference with boxing commissions.
Sec. 209. Assistance from other agencies.
Sec. 210. Reports.
Sec. 211. Initial implementation.
Sec. 212. Authorization of appropriations.
[SEC. 2. DEFINITIONS. [15 U.S.C. 6301]
[For purposes of this Act:
[(1) Boxer.--The term ``boxer'' means an individual
who fights in a professional boxing match.
[(2) Boxing commission.--(A) The term ``boxing
commission'' means an entity authorized under State law
to regulate professional boxing matches.
[(3) Boxer registry.--The term ``boxer registry''
means any entity certified by the Association of Boxing
Commissions for the purposes of maintaining records and
identification of boxers.
[(4) Licensee.--The term ``licensee'' means an
individual who serves as a trainer, second, or cut man
for a boxer.
[(5) Manager.--The term ``manager'' means a person
who receives compensation for service as an agent or
representative of a boxer.
[(6) Matchmaker.--The term ``matchmaker'' means a
person that proposes, selects, and arranges the boxers
to participate in a professional boxing match.
[(7) Physician.--The term ``physician'' means a
doctor of medicine legally authorized to practice
medicine by the State in which the physician performs
such function or action.
[(8) 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 an amateur sports
organization.
[(9) Promoter.--The term ``promoter'' means the
person primarily responsible for organizing, promoting,
and producing a professional boxing match. The term
``promoter'' does not include a hotel, casino, resort,
or other commercial establishment hosting or sponsoring
a professional boxing match unless--
[(A) the hotel, casino, resort, or other
commercial establishment is primarily
responsible for organizing, promoting, and
producing the match; and
[(B) there is no other person primarily
responsible for organizing, promoting, and
producing the match.
[(10) 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.
[(11) Effective date of the contract.--The term
``effective date of the contract'' means the day upon
which a boxer becomes legally bound by the contract.
[(12) Boxing service provider.--The term ``boxing
service provider'' means a promoter, manager,
sanctioning body, licensee, or matchmaker.
[(13) Contract provision.--The term ``contract
provision'' means any legal obligation between a boxer
and a boxing service provider.
[(14) Sanctioning organization.--The term
``sanctioning organization'' means an organization that
sanctions 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.
[(15) Suspension.--The term ``suspension'' includes
within its meaning the revocation of a boxing license.]
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
United States Boxing Commission.
(2) Bout agreement.--The term ``bout agreement''
means a contract between a promoter and a boxer that
requires the boxer to participate in a professional
boxing match for a particular date.
(3) Boxer.--The term ``boxer'' means an individual
who fights in a professional boxing match.
(4) Boxing commission.--The term ``boxing
commission'' means an entity authorized under State or
tribal law to regulate professional boxing matches.
(5) Boxer registry.--The term ``boxer registry''
means any entity certified by the Commission for the
purposes of maintaining records and identification of
boxers.
(6) Boxing service provider.--The term ``boxing
service provider'' means a promoter, manager,
sanctioning body, licensee, or matchmaker.
(7) Contract provision.--The term ``contract
provision'' means any legal obligation between a boxer
and a boxing service provider.
(8) Indian lands; indian tribe.--The terms ``Indian
lands'' and ``Indian tribe'' have the meanings given
those terms by paragraphs (4) and (5), respectively, of
section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703).
(9) Licensee.--The term ``licensee'' means an
individual who serves as a trainer, corner man, second,
or cut man for a boxer.
(10) 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.
(11) Matchmaker.--The term ``matchmaker'' means a
person that proposes, selects, and arranges for boxers
to participate in a professional boxing match.
(12) Physician.--The term ``physician'' means a
doctor of medicine legally authorized to practice
medicine by the State in which the physician performs
such function or action and who has training and
experience in dealing with sports injuries,
particularly head trauma.
(13) Professional boxing match.--The term
``professional boxing match'' means a boxing contest
held in the United States between individuals for
financial compensation. The term ``professional boxing
match'' does not include a boxing contest that is
regulated by a duly recognized amateur sports
organization, as approved by the Commission.
(14) 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 unless--
(i) the hotel, casino, resort, or
other commercial establishment 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.
(15) Promotional agreement.--The term ``promotional
agreement'' means a contract, for the acquisition of
rights relating to a boxer's participation in a
professional boxing match or series of boxing matches
(including the right to sell, distribute, exhibit, or
license the match or matches), with--
(A) the boxer who is to participate in the
match or matches; or
(B) the nominee of a boxer who is to
participate in the match or matches, or the
nominee is an entity that is owned, controlled
or held in trust for the boxer unless that
nominee or entity is a licensed promoter who is
conveying a portion of the rights previously
acquired.
(16) 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.
(17) 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.
(18) Suspension.--The term ``suspension'' includes
within its meaning the temporary revocation of a boxing
license.
(19) 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)).
TITLE I--PROFESSIONAL BOXING SAFETY
SEC. [3.] 101. PURPOSES. [15 U.S.C. 6302]
The purposes [of this Act] of this title are--
(1) to improve and expand the system of safety
precautions that protects the welfare of professional
boxers; and
(2) to assist [State] boxing commissions to provide
proper oversight for the professional boxing industry
in the United States.
[SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. [15
U.S.C. 6303]
[(a) No person may arrange, promote, organize, produce, or
fight in a professional boxing match held in a State that does
not have a boxing commission unless the match is supervised by
a boxing commission from another State and subject to the most
recent version of the recommended regulatory guidelines
certified and published by the Association of Boxing
Commissions as well as any additional relevant professional
boxing regulations and requirements of such other State.
[(b) For the purpose [of this Act,] of this title, if no
State commission is available to supervise a boxing match
according to subsection (a), then--
[(1) the match may not be held unless it is
supervised by an association of boxing commissions to
which at least a majority of the States belong; and
[(2) any reporting or other requirement relating to a
supervising commission allowed under this section.]
SEC. 102. APPROVAL OR SANCTION REQUIREMENT.
(a) In General.--No person may arrange, promote, organize,
produce, or fight in a professional boxing match within the
United States unless the match--
(1) is approved by the Commission; and
(2) is held in a State, or on tribal land of a tribal
organization, that regulates professional boxing
matches in accordance with standards and criteria
established by the Commission.
(b) Approval Presumed.--
(1) In general.--For purposes of subsection (a), the
Commission shall be presumed to have approved any match
other than--
(A) a match with respect to which the
Commission has been informed of an alleged
violation of this title and with respect to
which it has notified the supervising boxing
commission that it does not approve;
(B) a match advertised to the public as a
championship match;
(C) a match scheduled for 10 rounds or more;
or
(D) a match in which 1 of the boxers has--
(i) suffered 10 consecutive defeats
in professional boxing matches; or
(ii) has been knocked out 5
consecutive times in professional
boxing matches.
(2) Delegation of approval authority.--
Notwithstanding paragraph (1), the Commission shall be
presumed to have approved a match described in
subparagraph (B), (C), or (D) of paragraph (1) if--
(A) the Commission has delegated its approval
authority with respect to that match to a
boxing commission; and
(B) the boxing commission has approved the
match.
(3) Knocked-out defined.--Except as may be otherwise
provided by the Commission by rule, in paragraph
(1)(D)(ii), the term ``knocked out'' means knocked down
and unable to continue after a count of 10 by the
referee or stopped from continuing because of a
technical knockout.
SEC. [5.] 103. SAFETY STANDARDS. [15 U.S.C. 6304]
No person may arrange, promote, organize, produce, or fight
in a professional boxing match without meeting each of the
following [requirements or an alternative requirement in effect
under regulations of a boxing commission that provides
equivalent protection of the health and safety of boxers:]
requirements:
(1) A physical examination of each boxer by a
physician certifying whether or not the boxer is
physically fit to safely compete, copies of which must
be provided to the boxing commission. The examination
shall include testing for infectious diseases in
accordance with standards established by the
Commission.
[(2) Except as otherwise expressly provided under
regulation of a boxing commission promulgated
subsequent to the enactment of this Act, an ambulance
or medical personnel with appropriate resuscitation
equipment continuously present on site.]
(2) An ambulance continuously present on site.
(3) Emergency medical personnel with appropriate
resuscitation equipment continuously present on site.
[(3)] (4) A physician continuously present at
ringside.
[(4)] (5) Health insurance for each boxer to provide
medical coverage for any injuries sustained in the
[match.] match in an amount prescribed by the
Commission.
SEC. [6.] 104. REGISTRATION. [15 U.S.C. 6305]
(a) Requirements.--Each boxer shall register with--
(1) the boxing commission of the State in which such
boxer resides; or
(2) in the case of a boxer who is a resident of a
foreign country, or a State in which there is no boxing
commission, the boxing commission of any State or
Indian tribe that has such a commission.
(b) Identification Card.--
(1) Issuance.--A boxing commission shall issue to
each professional boxer who registers in accordance
with subsection (a), an identification card that
contains each of the following:
(A) A recent photograph of the boxer.
(B) The social security number of the boxer
(or, in the case of a foreign boxer, any
similar citizen identification number or
professional boxer number from the country of
residence of the boxer).
(C) A personal identification number assigned
to the boxer by a boxing registry.
(2) Renewal.--Each professional boxer shall renew his
or her identification card at least once every 4 years.
(3) Presentation.--Each professional boxer shall
present his or her identification card to the
appropriate boxing commission not later than the time
of the weigh-in for a professional boxing match.
(c) Health and Safety Disclosures.--[It is the sense of the
Congress that a boxing commission should, upon issuing an
identification card to a boxer under subsection (b)(1), make a
health and safety disclosure to that boxer as that commission
considers appropriate.] A boxing commission shall, in
accordance with requirements established by the Commission,
make a health and safety disclosure to a boxer when issuing an
identification card to that boxer. The health and safety
disclosure [should] shall, at a minimum, include the health and
safety risks associated with boxing, and, in particular, the
risk and frequency of brain injury and the advisability that a
boxer periodically undergo medical procedures designed to
detect brain injury.
(d) Copy of Registration and Identification Cards To Be Sent
to Commission.--A boxing commission shall furnish a copy of
each registration received under subsection (a), and each
identification card issued under subsection (b), to the
Commission.
SEC. [7.] 105. REVIEW. [15 U.S.C. 6306]
[(a) Procedures.--]Each boxing commission shall establish
each of the following procedures:
(1) Procedures to evaluate the professional records
and physician's certification of each boxer
participating in a professional boxing match in the
State, and to deny authorization for a boxer to fight
where appropriate.
(2) Procedures to ensure [that, except as provided in
subsection (b), no] that no boxer is permitted to box
while under suspension from any boxing commission due
to--
(A) a recent knockout or series of
consecutive losses;
(B) an injury, requirement for a medical
procedure, or physician denial of
certification;
(C) failure of a drug test;
(D) the use of false aliases, or falsifying,
or attempting to falsify, official
identification cards or documents; or
(E) unsportsmanlike conduct or other
inappropriate behavior inconsistent with
generally accepted methods of competition in a
professional boxing match.
[(3) Procedures to review a suspension where appealed
by a boxer, licensee, manager, matchmaker, promoter, or
other boxing service provider, including an opportunity
for a boxer, licensee, manager, matchmaker, promoter,
or other boxing service provider to present
contradictory evidence.
[(4) Procedures to revoke a suspension where a
boxer--
[(A) was suspended under subparagraph (A) or
(B) of paragraph (2) of this subsection, and
has furnished further proof of a sufficiently
improved medical or physical condition; or
[(B) furnishes proof under subparagraph (C)
or (D) of paragraph (2) that a suspension was
not, or is no longer, merited by the facts.]
(3) Procedures to review a summary suspension when a
hearing before the boxing commission is requested by a
boxer, licensee, manager, matchmaker, promoter, or
other boxing serviceprovider which provides an
opportunity for that person to present evidence.
[(b) Suspension in Another State.--A boxing commission may
allow a boxer who is under suspension in any State to
participate in a professional boxing match--
[(1) for any reason other than those listed in
subsection (a) if such commission notifies in writing
and consults with the designated official of the
suspending State's boxing commission prior to the grant
of approval for such individual to participate in that
professional boxing match; or
[(2) if the boxer appeals to the Association of
Boxing Commissions, and the Association of Boxing
Commissions determines that the suspension of such
boxer was without sufficient grounds, for an improper
purpose, or not related to the health and safety of the
boxer or the purposes of this Act.]
SEC. [8.] 106. REPORTING. [15 U.S.C. 6307]
Not later than [48 business hours] 2 business days after the
conclusion of a professional boxing match, the supervising
boxing commission shall report the results of such [bxoing]
boxing match and any related suspensions to [each boxer
registry.] the Commission.
[SEC. 9. CONTRACT REQUIREMENTS. [15 U.S.C. 6307A]
[Within 2 years after the date of the enactment of the
Muhammad Ali Boxing Reform Act, the Association of Boxing
Commissions (ABC) shall develop and shall approve by a vote of
no less than a majority of its member State boxing
commissioners, guidelines for minimum contractual provisions
that should be included in bout agreements and boxing
contracts. It is the sense of the Congress that State boxing
commissions should follow these ABC guidelines.]
SEC. 107. CONTRACT REQUIREMENTS.
(a) In General.--The Commission, in consultation with the
Association of Boxing Commissions, shall develop guidelines for
minimum contractual provisions that shall be included in each
bout agreement, boxer-manager contract, and promotional
agreement. Each boxing commission shall ensure that these
minimal contractual provisions are present in any such
agreement or contract submitted to it.
(b) Filing and Approval Requirements.--
(1) Commission.--A manager or promoter shall submit a
copy of each boxer-manager contract and each
promotional agreement between that manager or promoter
and a boxer to the Commission, and, if requested, to
the boxing commission with jurisdiction over the bout.
(2) Boxing commission.--A boxing commission may not
approve a professional boxing match unless a copy of
the bout agreement related to that match has been filed
with it and approved by it.
(c) Bond or Other Surety.--A boxing commission may not
approve a professional boxing match unless the promoter of that
match has posted a surety bond, cashier's check, letter of
credit, cash, or other security with the boxing commission in
an amount acceptable to the boxing commission.
SEC. [10.] 108. PROTECTION FROM COERCIVE CONTRACTS. [15 U.S.C. 6307B]
(a) General Rule.--
(1)(A) A contract provision shall be considered to be
in restraint of trade, contrary to public policy, and
unenforceable against any boxer to the extent that it--
(i) is a coercive provision described in
subparagraph (B) and is for a period greater
than 12 months; or
(ii) is a coercive provision described in
subparagraph (B) and the other boxer under
contract to the promoter came under that
contract pursuant to a coercive provision
described in subparagraph (B).
(B) A coercive provision described in this
subparagraph is a contract provision that grants any
rights between a boxer and a promoter, or between
promoters with respect to a boxer, if the boxer is
required to grant such rights, or a boxer's promoter is
required to grant such rights with respect to a boxer
to another promoter, as a condition precedent to the
boxer's participation in a professional boxing match
against another boxer who is under contract to the
promoter.
(2) This subsection shall only apply to contracts entered
into after the date of the enactment of the Muhammad Ali Boxing
Reform Act.
[(3) No subsequent contract provision extending any rights or
compensation covered in paragraph (1) shall be enforceable
against a boxer if the effective date of the contract
containing such provision is earlier than 3 months before the
expiration of the relevant time period set forth in paragraph
(1).]
(b) Promotional Rights Under Mandatory or Elimination Bout
Contracts.--No boxing service provider may require a boxer to
grant any future promotional rights as a requirement of
competing in a professional boxing match that is a mandatory or
elimination bout under the rules of a sanctioning organization.
(c) Protection From Coercive Contracts With Broadcasters.--
Subsection (a) of this section applies to any contract between
a commercial broadcaster and a boxer, or granting any rights
with respect to that boxer, involving a broadcast in or
affecting interstate commerce, regardless of the broadcast
medium. For the purpose of this subsection, any reference in
subsection (a)(1)(B) to ``promoter'' shall be considered a
reference to ``commercial broadcaster''.
[SEC. 11. SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307C]
[(a) Objective Criteria.--Within 2 years after the date of
the enactment of the Muhammad Ali Boxing Reform Act, the
Association of Boxing Commissions shall develop and shall
approve by a vote of no less than a majority of its member
State boxing commissioners, guidelines for objective and
consistent written criteria for the ratings of professional
boxers. It is the sense of the Congress that sanctioning bodies
and State boxing commissions should follow these ABC
guidelines.
[(b) Appeals Process.--A sanctioning organization shall not
be entitled to receive any compensation, directly or
indirectly, in connection with a boxing match, until it
provides the boxers with notice that the sanctioning
organization shall, within 7 days after receiving a request
from a boxer questioning that organization's rating of the
boxer--
[(1) provide to the boxer a written explanation of
the organization's criteria, its rating of the boxer,
and the rationale or basis for its rating (including a
response to any specific questions submitted by the
boxer); and
[(2) submit a copy of its explanation to the
Association of Boxing Commissions.
[(c) Notification of Change in Rating.--A sanctioning
organization shall not be entitled to receive any compensation,
directly or indirectly, in connection with a boxing match,
until, with respect to a change in the rating of a boxer
previously rated by such organization in the top 10 boxers, the
organization--
[(1) posts a copy, within 7 days of such change, on
its Internet website or home page, if any, including an
explanation of such change, for a period of not less
than 30 days; and
[(2) provides a copy of the rating change and
explanation to an association to which at least a
majority of the State boxing commissions belong.
[(d) Public Disclosure.--
[(1) Federal trade commission filing.--A sanctioning
organization shall not be entitled to receive any
compensation directly or indirectly in connection with
a boxing match unless, not later than January 31 of
each year, it submits to the Federal Trade Commission
and to the ABC--
[(A) a complete description of the
organization's ratings criteria, policies, and
general sanctioning fee schedule;
[(B) the bylaws of the organization;
[(C) the appeals procedure of the
organization for a boxer's rating; and
[(D) a list and business address of the
organization's officials who vote on the
ratings of boxers.
[(2) Format; updates.--A sanctioning organization
shall--
[(A) provide the information required under
paragraph (1) in writing, and, for any document
greater than 2 pages in length, also in
electronic form; and
[(B) promptly notify the Federal Trade
Commission of any material change in the
information submitted.
[(3) Federal trade commission to make information
available to public.--The Federal Trade Commission
shall make information received under this subsection
available to the public. The Commission may assess
sanctioning organizations a fee to offset the costs it
incurs in processing the information and making it
available to the public.
[(4) Internet alternative.--In lieu of submitting the
information required by paragraph (1) to the Federal
Trade Commission, a sanctioning organization may
provide the information to the public by maintaining a
website on the Internet that--
[(A) is readily accessible by the general
public using generally available search engines
and does not require a password or payment of a
fee for full access to all the information;
[(B) contains all the information required to
be submitted to the Federal Trade Commission by
paragraph (1) in an easy to search and use
format; and
[(C) is updated whenever there is a material
change in the information.]
SEC. 109. SANCTIONING ORGANIZATIONS.
(a) Objective Criteria.--Within 1 year after the date of
enactment of the Professional Boxing Amendments Act of 2005,
the Commission shall develop guidelines for objective and
consistent written criteria for the rating of professional
boxers based on the athletic merits and professional record of
the boxers. Within 90 days after the Commission's promulgation
of the guidelines, each sanctioning organization shall adopt
the guidelines and follow them.
(b) Notification of Change in Rating.--A sanctioning
organization shall, with respect to a change in the rating of a
boxer previously rated by such organization in the top 10
boxers--
(1) post a copy, within 7 days after the change, on
its Internet website or home page, if any, including an
explanation of the change, for a period of not less
than 30 days;
(2) provide a copy of the rating change and a
thorough explanation in writing under penalty of
perjury to the boxer and the Commission;
(3) provide the boxer an opportunity to appeal the
ratings change to the sanctioning organization; and
(4) apply the objective criteria for ratings required
under subsection (a) in considering any such appeal.
(c) Challenge of Rating.--If, after disposing with an appeal
under subsection (b)(3), a sanctioning organization receives a
petition from a boxer challenging that organization's rating of
the boxer, it shall (except to the extent otherwise required by
the Commission), within 7 days after receiving the petition--
(1) provide to the boxer a written explanation under
penalty of perjury of the organization's rating
criteria, its rating of the boxer, and the rationale or
basis for its rating (including a response to any
specific questions submitted by the boxer); and
(2) submit a copy of its explanation to the
Association of Boxing Commissions and the Commission
for their review.
SEC. [12.] 110. REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONS BY
SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307D]
[A sanctioning organization shall not be entitled to receive
any compensation directly or indirectly in connection with a
boxing match until it provides to the boxing commission
responsible for regulating the match in a State a statement
of--]
Within 7 days after a professional boxing match of 10 rounds
or more, the sanctioning organization, if any, for that match
shall provide to the Commission, and, if requested, to the
boxing commission in the State or on Indian land responsible
for regulating the match, a written statement of--
(1) all charges, fees, and costs the organization
[will assess] has assessed, or will assess, any boxer
participating in that match;
(2) all payments, benefits, complimentary benefits,
and fees the organization [will receive] has received,
or will receive, for its affiliation with the event,
from the promoter, host of the event, and all other
sources; and
(3) such additional information as the commission may
require.
SEC. [13.] 111. REQUIRED DISCLOSURES FOR [PROMOTERS.] PROMOTERS AND
BROADCASTERS. [15 U.S.C. 6307E]
[(a) Disclosures to the Boxing Commissions.--A promoter shall
not be entitled to receive any compensation directly or
indirectly in connection with a boxing match until it provides
to the boxing commission responsible for regulating the match
in a State a statement of--]
(a) Disclosures to Boxing Commissions and the Commission.--
Within 7 days after a professional boxing match of 10 rounds or
more, the promoter of any boxer participating in that match
shall provide to the Commission, and, if requested, to the
boxing commission in the State or on Indian land responsible
for regulating the match--
(1) a copy of any agreement in [writing] writing,
other than a bout agreement previously provided to the
commission, to which the promoter is a party with any
boxer participating in the match;
(2) a statement made under penalty of perjury that
there are no other agreements, written or oral, between
the promoter and the boxer with respect to that match;
and
(3)(A) [all fees, charges, and expenses that will be]
a written statement of all fees, charges, and expenses
that have been, or will be, assessed by or through the
promoter on the boxer pertaining to the event,
including any portion of the boxer's purse that the
promoter will receive, and training expenses;
(B) a written statement of all payments, gifts, or
benefits the promoter is providing to any sanctioning
organization affiliated with the event; and
(C) a statement of any reduction in a boxer's purse
contrary to a previous agreement between the promoter
and the boxer or a purse bid held for the event.
(b) Disclosures to the boxer.--[A promoter shall not be
entitled to receive any compensation directly or indirectly in
connection with a boxing match until it provides to the boxer
it promotes--] Within 7 days after a professional boxing match
of 10 rounds or more, the promoter of the match shall provide
to each boxer participating in the bout or match with whom the
promoter has a bout or promotional agreement a statement of--
(1) the amounts of any compensation or consideration
that a promoter has contracted to receive from such
[match;] match, and that the promoter has paid, or
agreed to pay, to any other person in connection with
the match;
(2) all fees, charges, and expenses that will be
assessed by or through the promoter on the boxer
pertaining to the event, including any portion of the
boxer's purse that the promoter will receive, and
training expenses; and
(3) any reduction in a boxer's purse contrary to a
previous agreement between the promoter and the boxer
or a purse bid held for the event.
(c) Information To Be Available to State Attorney General.--A
promoter shall make information required to be disclosed under
this section available to the chief law enforcement officer of
the State in which the match is to be held upon request of such
officer.
(d) Required Disclosures by Broadcasters.--
(1) In general.--A broadcaster that owns the
television broadcast rights for a professional boxing
match of 10 rounds or more shall, within 7 days after
that match, provide to the Commission--
(A) a statement of any advance, guarantee, or
license fee paid or owed by the broadcaster to
a promoter in connection with that match;
(B) a copy of any contract executed by or on
behalf of the broadcaster with--
(i) a boxer who participated in that
match; or
(ii) the boxer's manager, promoter,
promotional company, or other
representative or the owner or
representative of the site of the
match; and
(C) a list identifying sources of income
received from the broadcast of the match.
(2) Copy to boxing commission.--Upon request from the
boxing commission in the State or Indian land
responsible for regulating a match to which paragraph
(1) applies, a broadcaster shall provide the
information described in paragraph (1) to that boxing
commission.
(3) Confidentiality.--The information provided to the
Commission or to a boxing commission pursuant to this
subsection shall be confidential and not revealed by
the Commission or a boxing commission, except that the
Commission may publish an analysis of the data in
aggregate form or in a manner which does not disclose
confidential information about identifiable
broadcasters.
(4) Television broadcast rights.--In paragraph (1),
the term ``television broadcast rights'' means the
right to broadcast the match, or any part thereof, via
a broadcast station, cable service, or multichannel
video programming distributor as such terms are defined
in section 3(5), 602(6), and 602(13) of the
Communications Act of 1934 (47 U.S.C. 153(5), 602(6),
and 602(13), respectively).
[SEC. 14. REQUIRED DISCLOSURES FOR JUDGES AND REFEREES. [15 U.S.C.
6307F]
[A judge or referee shall not be entitled to receive any
compensation, directly or indirectly, in connection with a
boxing match until it provides to the boxing commission
responsible for regulating the match in a State a statement of
all consideration, including reimbursement for expenses, that
will be received from any source for participation in the
match.]
SEC. 112. MEDICAL REGISTRY.
(a) In General.--The Commission shall establish and maintain,
or certify a third party entity to establish and maintain, a
medical registry that contains comprehensive medical records
and medical denials or suspensions for every licensed boxer.
(b) Content; Submission.--The Commission shall determine--
(1) the nature of medical records and medical
suspensions of a boxer that are to be forwarded to the
medical registry; and
(2) the time within which the medical records and
medical suspensions are to be submitted to the medical
registry.
(c) Confidentiality.--The Commission shall establish
confidentiality standards for the disclosure of personally
identifiable information to boxing commissions that will--
(1) protect the health and safety of boxers by making
relevant information available to the boxing
commissions for use but not public disclosure; and
(2) ensure that the privacy of the boxers is
protected.
SEC. [15.] 113. CONFIDENTIALITY. [15 U.S.C. 6307G]
[(a) In General.--Neither a boxing commission or an Attorney
General may disclose to the public any matter furnished by a
promoter under section 13 except to the extent required in a
legal, administrative, or judicial proceeding.]
(a) In General.--Except to the extent required in a legal,
administrative, or judicial proceeding, a boxing commission, an
Attorney General, or the Commission may not disclose to the
public any matter furnished by a promoter under section 111.
(b) Effect of Contrary State Law.--If a State law governing a
boxing commission requires that information that would be
furnished by a promoter under [section 13] section 111 shall be
made public, then a promoter is not required to file such
information with such State if the promoter files such
information with the ABC.
SEC. [16.] 114. JUDGES AND REFEREES. [15 U.S.C. 6307H]
(a) Licensing and Assignment Requirement._No person may
arrange, promote, organize, produce, or fight in a professional
boxing match unless all referees and judges participating in
the match have been [certified and approved] selected by the
boxing commission responsible for regulating the match in the
State or Indian lands where the match is held.
(b) Championship and 10-Round Bouts.--In addition to the
requirements of subsection (a), no person may arrange, promote,
organize, produce, or fight in a professional boxing match
advertised to the public as a championship match or in a
professional boxing match scheduled for 10 rounds or more
unless all referees and judges participating in the match have
been licensed by the Commission.
(c) Role of Sanctioning Organization.--A sanctioning
organization may provide a list of judges and referees deemed
qualified by that organization to a boxing commission, but the
boxing commission shall select, license, and appoint the judges
and referees participating in the match.
(d) Assignment of Nonresident Judges and Referees.--A boxing
commission may assign judges and referees who reside outside
that commission's State or Indian land.
(e) Required Disclosure.--A judge or referee shall provide to
the boxing commission responsible for regulating a professional
boxing match in a State or on Indian land a statement of all
consideration, including reimbursement for expenses, that the
judge or referee has received, or will receive, from any source
for participation in the match. If the match is scheduled for
10 rounds or more, the judge or referee shall also provide such
a statement to the Commission.
SEC. [17.] 115. CONFLICTS OF INTEREST. [15 U.S.C. 6308]
(a) Regulatory Personnel.--No member or employee of a boxing
commission, no person who administers or [enforces State boxing
laws,] implements State or tribal boxing laws, no officer or
employee of the Commission, and no member of the Association of
Boxing Commissions may [belong to,] hold office in, contract
with, or receive any compensation from, any person who
sanctions, arranges, or promotes professional boxing matches or
who otherwise has a financial interest in an active boxer
currently registered with a boxer registry. For purposes of
this section, the term ``compensation'' does not include funds
held in escrow for payment to another person in connection with
a professional boxing match. [The prohibition set forth in this
section shall not apply to any contract entered into, or any
reasonable compensation received, by a boxing commission to
supervise a professional boxing match in another State as
described in section 4.]
[(b) Firewall Between Promoters and Managers.--
[(1) In general.--It is unlawful for--
[(A) a promoter to have a direct or indirect
financial interest in the management of a
boxer; or
[(B) a manager--
[(i) to have a direct or indirect
financial interest in the promotion of
a boxer; or
[(ii) to be employed by or receive
compensation or other benefits from a
promoter, except for amounts received
as consideration under the manager's
contract with the boxer.
[(2) Exceptions.--Paragraph (1)--
[(A) does not prohibit a boxer from acting as
his own promoter or manager; and
[(B) only applies to boxers participating in
a boxing match of 10 rounds or more.]
(b) Boxers.--A boxer may not own or control, directly or
indirectly, an entity that promotes the boxer's bouts if that
entity is responsible for--
(1) executing a bout agreement or promotional
agreement with the boxer's opponent; or
(2) providing any payment or other compensation to--
(A) the boxer's opponent for participation in
a bout with the boxer;
(B) the boxing commission that will regulate
the bout; or
(C) ring officials who officiate at the bout.
(c) Sanctioning Organizations.--
(1) Prohibition on receipts.--Except as provided in
paragraph (2), no officer or employee of a sanctioning
organization may receive any compensation, gift, or
benefit, directly or indirectly, from a promoter,
boxer, or manager.
(2) Exceptions.--Paragraph (1) does not apply to--
(A) the receipt of payment by a promoter,
boxer, or manager of a sanctioning
organization's published fee for sanctioning a
professional boxing match or reasonable
expenses in connection therewith if the payment
is reported to the responsible boxing
commission; or
(B) the receipt of a gift or benefit of de
minimis value.
SEC. [18.] 116. ENFORCEMENT. [15 U.S.C. 6309]
[(a) Injunctions.--] (a) Actions by Attorney General._
Whenever the Attorney General of the United States has
reasonable cause to believe that a person is engaged in a
violation [of this Act,] of this title, the Attorney General
may bring a civil action in the appropriate district court of
the United States requesting such relief, including a permanent
or temporary injunction, restraining order, or other order,
against the person, as the Attorney General determines to be
necessary to restrain the person from continuing to engage in,
sanction, promote, or otherwise participate in a professional
boxing match in violation [of this Act.] of this title.
(b) Criminal Penalties.--
(1) Managers, promoters, matchmakers, and
licensees.--Any manager, promoter, matchmaker, and
licensee who knowingly violates, or coerces or causes
any other person to violate, any provision [of this
Act,] of this title other than section [9(b), 10, 11,
12, 13, 14, or 16,] 107, 108, 109, 110, 111, or 114,
shall, upon conviction, be imprisoned for not more than
1 year or fined not more than $20,000, or both.
(2) Violation of antiexploitation, sanctioning
organization, or disclosure provisions.--Any person who
knowingly violates any provision of section [9(b), 10,
11, 12, 13, 14, or 16 of this Act] 107, 108, 109, 110,
111, or 114 of this title shall, upon conviction, be
imprisoned for not more than 1 year or fined not more
than--
(A) $100,000; and
(B) if a violation occurs in connection with
a professional boxing match the gross revenues
for which exceed $2,000,000, an additional
amount which bears the same ratio to $100,000
as the amount of such revenues compared to
$2,000,000, or both.
(3) Conflict of interest.--Any member or employee of
a boxing commission, any person who administers or
enforces State boxing laws, any officer or employee of
the Commission, and any member of the Association of
Boxing Commissions who knowingly violates [section
17(a) of this Act] section 115(a) of this title shall,
upon conviction, be imprisoned for not more than 1 year
or fined not more than $20,000, or both.
(4) Boxers.--Any boxer who knowingly violates any
provision [of this Act] of this title shall, upon
conviction, be fined not more than $1,000.
(c) Actions by States.--Whenever the chief law enforcement
officer of any State has reason to believe that a person or
organization has engaged in or is engaging in practices which
violate any requirement [of this Act,] of this title, the
State, as parens patriae, may bring a civil action on behalf of
its residents in an appropriate district court of the United
States--
(1) to enjoin the holding of any professional boxing
match which the practice involves;
(2) to enforce compliance with this Act;
(3) to obtain the fines provided under [subsection
(b)] subsection (b), a civil penalty, or appropriate
restitution; or
(4) to obtain such other relief as the court may deem
appropriate.
(d) Private Right of Action.--Any [boxer] person who suffers
economic injury as a result of a violation of any provision [of
this Act] of this title may bring an action in the appropriate
Federal or State court and recover the damages suffered, court
costs, and reasonable attorneys fees and expenses.
(e) Enforcement Against [Federal Trade Commission,] United
States Boxing Commission, State Attorneys General, etc.--
Nothing in this Act authorizes the enforcement of--
(1) any provision [of this Act] of this title against
the [Federal Trade Commission,] United States Boxing
Commission, the United States Attorney General, or the
chief legal officer of any State for acting or failing
to act in an official capacity;
(2) subsection (d) of this section against a State or
political subdivision of a State, or any agency or
instrumentality thereof; or
(3) [section 10] section 108 against a boxer acting
in his capacity as a boxer.
[SEC. 19. NOTIFICATION OF SUPERVISING BOXING COMMISSION. [15 U.S.C.
6310]
[Each promoter who intends to hold a professional boxing
match in a State that does not have a boxing commission shall,
not later than 14 days before the intended date of that match,
provide written notification to the supervising boxing
commission designated under section 4. Such notification shall
contain each of the following:
[(1) Assurances that, with respect to that
professional boxing match, all applicable requirements
[of this Act] of this title will be met.
[(2) The name of any person who, at the time of the
submission of the notification--
[(A) is under suspension from a boxing
commission; and
[(B) will be involved in organizing or
participating in the event.
[(3) For any individual listed under paragraph (2),
the identity of the boxing commission that issued the
suspension described in paragraph (2)(A).]
[SEC. 20. STUDIES. [15 U.S.C. 6311]
[(a) Pension.--The Secretary of Labor shall conduct a study
on the feasibility and cost of a national pension system for
boxers, including potential funding sources.
[(b) Health, Safety and Equipment.--The Secretary of Health
and Human Services shall conduct a study to develop
recommendations for health, safety, and equipment standards for
boxers and for professional boxing matches.
[(c) Reports.--Not later than one year after the date of
enactment of this Act, the Secretary of Labor shall submit a
report to the Congress on the findings of the study conducted
pursuant to subsection (a). Not later than 180 days after the
date of enactment of this Act, the Secretary of Health and
Human Services shall submit a report to the Congress on the
findings of the study conducted pursuant to subsection (b).]
[SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN RESERVATIONS.
[15 U.S.C. 6312]
[(a) Definitions.--For purposes of this section, the
following definitions shall apply:
[(1) Indian tribe.--The term ``Indian tribe'' has the
same meaning as in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
[(2) Reservation.--The term ``reservation'' means the
geographically defined area over which a tribal
organization exercises governmental jurisdiction.
[(3) Tribal organization.--The term ``tribal
organization'' has the same meaning as in section 4(l)
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l)).
[(b) Requirements.--
[(1) In general.--Notwithstanding any other provision
of law, a tribal organization of an Indian tribe may,
upon the initiative of the tribal organization--
[(A) regulate professional boxing matches
held within the reservation under the
jurisdiction of that tribal organization; and
[(B) carry out that regulation or enter into
a contract with a boxing commission to carry
out that regulation.
[(2) Standards and licensing.--If a tribal
organization regulates professional boxing matches
pursuant to paragraph (1), the tribal organization
shall, by tribal ordinance or resolution, establish and
provide for the implementation of health and safety
standards, licensing requirements, and other
requirements relating to the conduct of professional
boxing matches that are at least as restrictive as--
[(A) the otherwise applicable standards and
requirements of a State in which the
reservation is located; or
[(B) the most recently published version of
the recommended regulatory guidelines certified
and publsihed by the Association of Boxing
Commissions.]
SEC. 117. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN LANDS.
(a) In General.--Notwithstanding any other provision of law,
a tribal organization may establish a boxing commission to
regulate professional boxing matches held on Indian land under
the jurisdiction of that tribal organization.
(b) Standards and Licensing.--A tribal organization that
establishes a boxing commission shall, by tribal ordinance or
resolution, establish and provide for the implementation of
health and safety standards, licensing requirements, and other
requirements relating to the conduct of professional boxing
matches that are at least as restrictive as--
(1) the otherwise applicable requirements of the
State in which the Indian land on which the
professional boxing match is held is located; or
(2) the guidelines established by the United States
Boxing Commission.
(c) Application of Act to Boxing Matches on Tribal Lands.--
The provisions of this title apply to professional boxing
matches held on tribal lands to the same extent and in the same
way as they apply to professional boxing matches held in any
State.
SEC. [22.] 118. RELATIONSHIP WITH STATE OR TRIBAL LAW. [15 U.S.C. 6313]
Nothing in this Act shall prohibit a State or Indian tribe
from adopting or enforcing supplemental or more stringent laws
or regulations not inconsistent with this Act, or criminal,
civil, or administrative fines for violations of such laws or
regulations.
TITLE II--UNITED STATES BOXING COMMISSION
SEC. 201. PURPOSE.
The purpose of this title is to protect the health, safety,
and welfare of boxers and to ensure fairness in the sport of
professional boxing.
SEC. 202. 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.--
(A) In general.--Each member of the
Commission shall be a citizen of the United
States who--
(i) has extensive experience in
professional boxing activities or in a
field directly related to professional
sports;
(ii) is of outstanding character and
recognized integrity; and
(iii) is selected on the basis of
training, experience, and
qualifications and without regard to
political party affiliation.
(B) Specific qualifications for certain
members.--At least 1 member of the Commission
shall be a former member of a local boxing
authority. If practicable, at least 1 member of
the Commission shall be a physician or other
health care professional duly licensed as such.
(C) Disinterested persons.--No member of the
Commission may, while serving as a member of
the Commission--
(i) 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;
(ii) have any pecuniary interest in
the earnings of any boxer or the
proceeds or outcome of any boxing
match; or
(iii) 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.
(B) Reappointment.--Members of the Commission
may be reappointed to the Commission.
(C) 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.
(D) 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) 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. 203. FUNCTIONS.
(a) Primary Functions.--The primary functions of the
Commission are--
(1) to protect the health, safety, and general
interests of boxers consistent with the provisions of
this Act; and
(2) to ensure uniformity, fairness, and integrity in
professional boxing.
(b) Specific Functions.--The Commission shall--
(1) administer title I of this Act;
(2) promulgate uniform standards for professional
boxing in consultation with the Association of Boxing
Commissions;
(3) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United
States;
(4) work with the boxing commissions of the several
States and tribal organizations--
(A) to improve the safety, integrity, and
professionalism of professional boxing in the
United States;
(B) to enhance physical, medical, financial,
and other safeguards established for the
protection of professional boxers; and
(C) to improve the status and standards of
professional boxing in the United States;
(5) ensure, 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;
(6) review boxing commission regulations for
professional boxing and provide assistance to such
authorities in meeting minimum standards prescribed by
the Commission under this title;
(7) serve as the coordinating body for all efforts in
the United States to establish and maintain uniform
minimum health and safety standards for professional
boxing;
(8) if the Commission determines it to be
appropriate, publish a newspaper, magazine, or other
publication and establish and maintain a website
consistent with the purposes of the Commission;
(9) procure the temporary and intermittent services
of experts and consultants to the extent authorized by
section 3109(b) of title 5, United States Code, at
rates the Commission determines to be reasonable; and
(10) promulgate rules, regulations, and guidance, and
take any other action necessary and proper to
accomplish the purposes of, and consistent with, the
provisions of this title.
(c) Prohibitions.--The 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.
(d) Use of Name.--The Commission shall have the exclusive
right to use the name ``United States Boxing Commission''. Any
person who, without the permission of the Commission, uses that
name or any other exclusive name, trademark, emblem, symbol, or
insignia of the Commission for the purpose of inducing the sale
or exchange of any goods or services, or to promote any
exhibition, performance, or sporting event, shall be subject to
suit in a civil action by the Commission for the remedies
provided in the Act of July 5, 1946 (commonly known as the
``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.).
SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
(a) Licensing.--
(1) Requirement for license.--No person may compete
in a professional boxing match or serve as a boxing
manager, boxing promoter, or sanctioning organization
for a professional boxing match except as provided in a
license granted to that person under this subsection.
(2) Application and term.--
(A) In general.--The Commission shall--
(i) establish application procedures,
forms, and fees;
(ii) establish and publish
appropriate standards for licenses
granted under this section; and
(iii) issue a license to any person
who, as determined by the Commission,
meets the standards established by the
Commission under this title.
(B) Duration.--A license issued under this
section shall be for a renewable--
(i) 4-year term for a boxer; and
(ii) 2-year term for any other
person.
(C) Procedure.--The 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 title. 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.
(3) Collection.--Fees established under this
subsection may be collected through boxing commissions
or by any other means determined appropriate by the
Commission.
SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.
(a) Requirement for Registry.--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 information related to
the performance of its duties.
(b) Contents.--The information in the registry shall include
the following:
(1) Boxers.--A list of professional boxers and data
in the medical registry established under section 114
of this Act, which the Commission shallsecure from
disclosure in accordance with the confidentiality requirements of
section 114(c).
(2) Other personnel.--Information (pertinent to the
sport of professional boxing) on boxing promoters,
boxing matchmakers, boxing managers, trainers, cut men,
referees, boxing judges, physicians, and any other
personnel determined by the Commission as performing a
professional activity for professional boxing matches.
SEC. 206. 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 title; and
(2) not less than once each year regarding matters
relating to professional boxing.
SEC. 207. MISCONDUCT.
(a) Suspension and Revocation of License or Registration.--
(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any
license issued under this title if the Commission finds
that--
(A) the license holder has violated any
provision of this Act;
(B) there are reasonable grounds for belief
that a standard prescribed by the Commission
under this title is not being met, or that
bribery, collusion, intentional losing,
racketeering, extortion, or the use of unlawful
threats, coercion, or intimidation have
occurred in connection with a license; or
(C) the suspension or revocation is necessary
for the protection of health and safety or is
otherwise in the public interest.
(2) Period of suspension.--
(A) In general.--A suspension of a license
under this section shall be effective for a
period determined appropriate by the Commission
except as provided in subparagraph (B).
(B) Suspension for medical reasons.--In the
case of a suspension or denial of the license
of a boxer for medical reasons by the
Commission, the Commission may terminate the
suspension or denial at any time that a
physician certifies that the boxer is fit to
participate in a professional boxing match. The
Commission shall prescribe the standards and
procedures for accepting certifications under
this subparagraph.
(3) Period of revocation.--In the case of a
revocation of the license of a boxer, the revocation
shall be for a period of not less than 1 year.
(b) Investigations and Injunctions.--
(1) Authority.--The 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 title--
(i) any officer designated by the
Commission may administer oaths and
affirmations, subpena 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.--
(A) In general.--No person may be excused
from attending and testifying or from producing
books, papers, contracts, agreements, and other
records and documents before the 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.
(B) Limited immunity.--No individual may be
prosecuted or subject to any penalty or
forfeiture for, or on account of, any
transaction, matter, or thing concerning the
matter about which that individual is
compelled, after having claimed a privilege
against self-incrimination, to testify or
produce evidence, documentary or otherwise,
except that the individual so testifying shall
not be exempt from prosecution and punishment
for perjury committed in so testifying.
(5) Injunctive relief.--If the 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. 208. 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. 209. ASSISTANCE FROM OTHER AGENCIES.
Any employee of any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality may be detailed to the 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. 210. REPORTS.
(a) Annual Report.--The Commission shall submit a report on
its activities to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Commerce each year. The annual report shall include--
(1) a detailed discussion of the activities of the
Commission for the year covered by the report; and
(2) an overview of the licensing and enforcement
activities of the State and tribal organization boxing
commissions.
(b) Public Report.--The Commission shall annually issue and
publicize a report of the Commission on the progress made at
Federal and State levels and on Indianlands in the reform of
professional boxing, which shall include comments on issues of
continuing concern to the Commission.
(c) First Annual Report on the Commission.--The first annual
report under this title shall be submitted not later than 2
years after the effective date of this title.
SEC. 211. INITIAL IMPLEMENTATION.
(a) Temporary Exemption.--The requirements for licensing
under this title do not apply to a person for the performance
of an activity as a boxer, boxing judge, or referee, or the
performance of any other professional activity in relation to a
professional boxing match, if the person is licensed by a
boxing commission to perform that activity as of the effective
date of this title.
(b) Expiration.--The exemption under subsection (a) with
respect to a license issued by a boxing commission expires on
the earlier of--
(1) the date on which the license expires; or
(2) the date that is 2 years after the date of the
enactment of the Professional Boxing Amendments Act of
2005.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for
the Commission for each fiscal yearsuch 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 title--
(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed;
(2) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed; and
(3) shall remain available until expended.
UNITED STATES CODE
Title 5, Part III, Subpart D
CHAPTER 53. PAY RATES AND SYSTEMS
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Members of the United States Boxing Commission.