3-31-04
Passed Senate by Unanimous Consent
108th CONGRESS
2d Session
S. 275
AN ACT
To amend the Professional Boxing Safety Act of 1996, and to establish
the United States Boxing Administration.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Professional Boxing Amendments
Act of 2004'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Professional Boxing Safety Act of 1996.
Sec. 5. United States Boxing Commission approval, or ABC or commission sanction,
required for matches.
Sec. 6. Safety standards.
Sec. 10. Contract requirements.
Sec. 11. Coercive contracts.
Sec. 12. Sanctioning organizations.
Sec. 13. Required disclosures by sanctioning organizations.
Sec. 14. Required disclosures by promoters and broadcasters.
Sec. 15. Judges and referees.
Sec. 16. Medical registry.
Sec. 17. Conflicts of interest.
Sec. 19. Repeal of deadwood.
Sec. 20. Recognition of tribal law.
Sec. 21. Establishment of United States Boxing Commission.
Sec. 22. Study and report on definition of promoter.
SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.
Except as otherwise expressly provided, whenever in this title an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Professional Boxing Safety Act of 1996 (15 U.S.C.
6301 et seq.).
SEC. 3. DEFINITIONS.
(a) IN GENERAL- Section 2 (15 U.S.C. 6301) is amended to read as follows:
`SEC. 2. DEFINITIONS.
`(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)).'.
(b) CONFORMING AMENDMENT- Section 21 (15 U.S.C. 6312) is amended to read as
follows:
`SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN LANDS.
`(a) IN GENERAL- Notwithstanding any other provision of law, a tribal organization
may establish a boxing commission to regulate professional boxing matches
held on Indian land under the jurisdiction of that tribal organization.
`(b) STANDARDS AND LICENSING- A tribal organization that establishes a boxing
commission shall, by tribal ordinance or resolution, establish and provide
for the implementation of health and safety standards, licensing requirements,
and other requirements relating to the conduct of professional boxing matches
that are at least as restrictive as--
`(1) the otherwise applicable requirements of the State in which the Indian
land on which the professional boxing match is held is located; or
`(2) the guidelines established by the United States Boxing Commission.
`(c) APPLICATION OF ACT TO BOXING MATCHES ON TRIBAL LANDS- The provisions
of this Act apply to professional boxing matches held on tribal lands to the
same extent and in the same way as they apply to professional boxing matches
held in any State.'.
SEC. 4. PURPOSES.
Section 3(2) (15 U.S.C. 6302(2)) is amended by striking `State'.
SEC. 5. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR COMMISSION SANCTION,
REQUIRED FOR MATCHES.
(a) IN GENERAL- Section 4 (15 U.S.C. 6303) is amended to read as follows:
`SEC. 4. APPROVAL OR SANCTION REQUIREMENT.
`(a) IN GENERAL- No person may arrange, promote, organize, produce, or fight
in a professional boxing match within the United States unless the match--
`(1) is approved by the 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.
`(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 Act 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.'.
(b) CONFORMING AMENDMENT- Section 19 (15 U.S.C. 6310) is repealed.
SEC. 6. SAFETY STANDARDS.
Section 5 (15 U.S.C. 6304) is amended--
(1) by striking `requirements or an alternative requirement in effect under
regulations of a boxing commission that provides equivalent protection of
the health and safety of boxers:' and inserting `requirements:';
(2) by adding at the end of paragraph (1) `The examination shall include
testing for infectious diseases in accordance with standards established
by the Commission.';
(3) by striking paragraph (2) and inserting the following:
`(2) An ambulance continuously present on site.';
(4) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively,
and inserting after paragraph (2) the following:
`(3) Emergency medical personnel with appropriate resuscitation equipment
continuously present on site.'; and
(5) by striking `match.' in paragraph (5), as redesignated, and inserting
`match in an amount prescribed by the Commission.'.
SEC. 7. REGISTRATION.
Section 6 (15 U.S.C. 6305) is amended--
(1) by inserting `or Indian tribe' after `State' the second place it appears
in subsection (a)(2);
(2) by striking the first sentence of subsection (c) and inserting `A boxing
commission shall, in accordance with requirements established by the Commission,
make a health and safety disclosure to a boxer when issuing an identification
card to that boxer.';
(3) by striking `should' in the second sentence of subsection (c) and inserting
`shall, at a minimum,'; and
(4) by adding at the end the following:
`(d) COPY OF REGISTRATION AND IDENTIFICATION CARDS TO BE SENT TO 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. 8. REVIEW.
Section 7 (15 U.S.C. 6306) is amended--
(1) by striking `that, except as provided in subsection (b), no' in subsection
(a)(2) and inserting `that no';
(2) by striking paragraphs (3) and (4) of subsection (a) and inserting the
following:
`(3) Procedures to review a summary suspension when a hearing before the
boxing commission is requested by a boxer, licensee, manager, matchmaker,
promoter, or other boxing service provider which provides an opportunity
for that person to present evidence.';
(3) by striking subsection (b); and
(4) by striking `(a) PROCEDURES- '.
SEC. 9. REPORTING.
Section 8 (15 U.S.C. 6307) is amended--
(1) by striking `48 business hours' and inserting `2 business days';
(2) by striking `bxoing' and inserting `boxing'; and
(3) by striking `each boxer registry.' and inserting `the Commission.'.
SEC. 10. CONTRACT REQUIREMENTS.
Section 9 (15 U.S.C. 6307a) is amended to read as follows:
`SEC. 9. CONTRACT REQUIREMENTS.
`(a) IN GENERAL- The 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. 11. COERCIVE CONTRACTS.
Section 10 (15 U.S.C. 6307b) is amended--
(1) by striking paragraph (3) of subsection (a);
(2) by inserting `OR ELIMINATION' after `MANDATORY' in the heading of subsection
(b); and
(3) by inserting `or elimination' after `mandatory' in subsection (b).
SEC. 12. SANCTIONING ORGANIZATIONS.
(a) IN GENERAL- Section 11 (15 U.S.C. 6307c) is amended to read as follows:
`SEC. 11. SANCTIONING ORGANIZATIONS.
`(a) OBJECTIVE CRITERIA- Within 1 year after the date of enactment of the
Professional Boxing Amendments Act of 2004, 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.'.
(b) CONFORMING AMENDMENTS- Section 18(e) (15 U.S.C. 6309(e)) is amended--
(1) by striking `FEDERAL TRADE COMMISSION,' in the subsection heading and
inserting `UNITED STATES BOXING COMMISSION'; and
(2) by striking `Federal Trade Commission,' in paragraph (1) and inserting
`United States Boxing Commission,'.
SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.
Section 12 (15 U.S.C. 6307d) is amended--
(1) by striking the matter preceding paragraph (1) and inserting `Within
7 days after a professional boxing match of 10 rounds or more, the sanctioning
organization, 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--';
(2) by striking `will assess' in paragraph (1) and inserting `has assessed,
or will assess,'; and
(3) by striking `will receive' in paragraph (2) and inserting `has received,
or will receive,'.
SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.
Section 13 (15 U.S.C. 6307e) is amended--
(1) by striking `promoters.' in the section caption and inserting `promoters
and broadcasters.';
(2) by striking so much of subsection (a) as precedes paragraph (1) and
inserting the following:
`(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--';
(3) by striking `writing,' in subsection (a)(1) and inserting `writing,
other than a bout agreement previously provided to the commission,';
(4) by striking `all fees, charges, and expenses that will be' in subsection
(a)(3)(A) and inserting `a written statement of all fees, charges, and expenses
that have been, or will be,';
(5) by inserting `a written statement of' before `all' in subsection (a)(3)(B);
(6) by inserting `a statement of' before `any' in subsection (a)(3)(C);
(7) by striking the matter in subsection (b) following `BOXER- ' and preceding
paragraph (1) and inserting `Within 7 days after a professional boxing match
of 10 rounds or more, the promoter of the match shall provide to each boxer
participating in the bout or match with whom the promoter has a bout or
promotional agreement a statement of--';
(8) by striking `match;' in subsection (b)(1) and inserting `match, and
that the promoter has paid, or agreed to pay, to any other person in connection
with the match;'; and
(9) by adding at the end the following:
`(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. 15. JUDGES AND REFEREES.
(a) IN GENERAL- Section 16 (15 U.S.C. 6307h) is amended--
(1) by inserting `(a) LICENSING AND ASSIGNMENT REQUIREMENT- ' before `No
person';
(2) by striking `certified and approved' and inserting `selected';
(3) by inserting `or Indian lands' after `State'; and
(4) by adding at the end the following:
`(b) Championship and 10-Round Bouts- In addition to the requirements of subsection
(a), no person may arrange, promote, organize, produce, or fight in a professional
boxing match advertised to the public as a championship match or in a professional
boxing match scheduled for 10 rounds or more unless all referees and judges
participating in the match have been licensed by the 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.'.
(b) CONFORMING AMENDMENT- Section 14 (15 U.S.C. 6307f) is repealed.
SEC. 16. MEDICAL REGISTRY.
The Act is amended by inserting after section 13 (15 U.S.C. 6307e) the following:
`SEC. 14. MEDICAL REGISTRY.
`(a) IN GENERAL- The 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. 17. CONFLICTS OF INTEREST.
Section 17 (15 U.S.C. 6308) is amended--
(1) by striking `enforces State boxing laws,' in subsection (a) and inserting
`implements State or tribal boxing laws, no officer or employee of the Commission,';
(2) by striking `belong to,' and inserting `hold office in,' in subsection
(a);
(3) by striking the last sentence of subsection (a);
(4) by striking subsection (b) and inserting the following:
`(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.'.
SEC. 18. ENFORCEMENT.
Section 18 (15 U.S.C. 6309) is amended--
(1) by striking `(a) INJUNCTIONS- ' in subsection (a) and inserting `(a)
ACTIONS BY ATTORNEY GENERAL- ';
(2) by inserting `any officer or employee of the Commission,' after `laws,'
in subsection (b)(3);
(3) by inserting `has engaged in or' after `organization' in subsection
(c);
(4) by striking `subsection (b)' in subsection (c)(3) and inserting `subsection
(b), a civil penalty, or'; and
(5) by striking `boxer' in subsection (d) and inserting `person'.
SEC. 19. REPEAL OF DEADWOOD.
Section 20 (15 U.S.C. 6311) is repealed.
SEC. 20. RECOGNITION OF TRIBAL LAW.
Section 22 (15 U.S.C. 6313) is amended--
(1) by insert `or tribal' in the section heading after `state'; and
(2) by inserting `or Indian tribe' after `State'.
SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) IN GENERAL- The Act is amended by adding at the end the following:
`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.
`(1) IN GENERAL- The Commission shall consist of 3 members appointed by
the President, by and with the advice and consent of the Senate.
`(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.
`(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.
`(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.
`(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.
`(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.
`(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 shall secure
from disclosure in accordance with the confidentiality requirements of section
114(c).
`(2) OTHER PERSONNEL- Information (pertinent to the sport of professional
boxing) on boxing promoters, boxing matchmakers, boxing managers, trainers,
cut men, referees, boxing judges, physicians, and any other personnel determined
by the 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.
`(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, subpoena or otherwise compel the attendance of witnesses,
take evidence, and require the production of any books, papers, correspondence,
memoranda, or other records the Commission considers relevant or material
to the inquiry; and
`(ii) the provisions of sections 6002 and 6004 of title 18, United States
Code, shall apply.
`(B) WITNESSES AND EVIDENCE- The attendance of witnesses and the production
of any documents under subparagraph (A) may be required from any place
in the United States, including Indian land, at any designated place of
hearing.
`(3) ENFORCEMENT OF SUBPOENAS-
`(A) CIVIL ACTION- In case of contumacy by, or refusal to obey a subpoena
issued to, any person, the Commission may file an action in any district
court of the United States within the jurisdiction of which an investigation
or proceeding is carried out, or where that person resides or carries
on business, to enforce the attendance and testimony of witnesses and
the production of books, papers, correspondence, memorandums, and other
records. The court may issue an order requiring the person to appear before
the Commission to produce records, if so ordered, or to give testimony
concerning the matter under investigation or in question.
`(B) FAILURE TO OBEY- Any failure to obey an order issued by a court under
subparagraph (A) may be punished as contempt of that court.
`(C) PROCESS- All process in any contempt case under subparagraph (A)
may be served in the judicial district in which the person is an inhabitant
or in which the person may be found.
`(4) EVIDENCE OF CRIMINAL MISCONDUCT-
`(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
Indian lands 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--
`(A) the date on which the license expires; or
`(B) the date that is 2 years after the date of the enactment of the Professional
Boxing Amendments Act of 2004.
`SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There are authorized to be appropriated for the Commission
for each fiscal year such sums as may be necessary for the Commission to perform
its functions for that fiscal year.
`(b) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section
3302 of title 31, United States Code, any fee collected under this title--
`(1) shall be credited as offsetting collections to the account that finances
the activities and services for which the fee is imposed;
`(2) shall be available for expenditure only to pay the costs of activities
and services for which the fee is imposed; and
`(3) shall remain available until expended.'.
(b) Conforming Amendments-
(1) PBSA- The Professional Boxing Safety Act of 1996, as amended by this
Act, is further amended--
(A) by amending section 1 to read as follows:
`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
`(a) SHORT TITLE- This Act may be cited as the `Professional Boxing Safety
Act'.
`(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
`Section 1. Short title; table of contents.
`TITLE I--PROFESSIONAL BOXING SAFETY
`Sec. 102. Approval or sanction requirement.
`Sec. 103. Safety standards.
`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. 117. Professional boxing matches conducted on Indian lands.
`Sec. 118. Relationship with State or Tribal law.
`TITLE II--UNITED STATES BOXING COMMISSION
`Sec. 202. United States Boxing Commission.
`Sec. 204. Licensing and registration of boxing personnel.
`Sec. 205. National registry of boxing personnel.
`Sec. 206. Consultation requirements.
`Sec. 208. Noninterference with boxing commissions
`Sec. 209. Assistance from other agencies.
`Sec. 211. Initial implementation.
`Sec. 212. Authorization of appropriations.';
(B) by inserting before section 3 the following:
`TITLE I--PROFESSIONAL BOXING SAFETY';
(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 21, and 22 as sections 101 through 118, respectively;
(D) by striking subsection (a) of section 113, as redesignated, and inserting
the following:
`(a) IN GENERAL- Except to the extent required in a legal, administrative,
or judicial proceeding, a boxing commission, an Attorney General, or the Commission
may not disclose to the public any matter furnished by a promoter under section
111.';
(E) by striking `section 13' in subsection (b) of section 113, as redesignated,
and inserting `section 111';
(F) by striking `9(b), 10, 11, 12, 13, 14, or 16,' in paragraph (1) of
section 116(b), as redesignated, and inserting `107, 108, 109, 110, 111,
or 114,';
(G) by striking `9(b), 10, 11, 12, 13, 14, or 16' in paragraph (2) of
section 116(b), as redesignated, and inserting `107, 108, 109, 110, 111,
or 114';
(H) by striking `section 17(a)' in subsection (b)(3) of section 116, as
redesignated, and inserting `section 115(a)';
(I) by striking `section 10' in subsection (e)(3) of section 116, as redesignated,
and inserting `section 108'; and
(J) by striking `of this Act' each place it appears in sections 101 through
120, as redesignated, and inserting `of this title'.
(2) COMPENSATION OF MEMBERS- Section 5315 of title 5, United States Code,
is amended by adding at the end the following:
`Members of the United States Boxing Commission.'.
SEC. 22. STUDY AND REPORT ON DEFINITION OF PROMOTER.
(a) STUDY- The United States Boxing Commission shall conduct a study on how
the term `promoter' should be defined for purposes of the Professional Boxing
Safety Act.
(b) HEARINGS- As part of that study, the Commission shall hold hearings and
solicit testimony at those hearings from boxers, managers, promoters, premium,
cable, and satellite program service providers, hotels, casinos, resorts,
and other commercial establishments that host or sponsor professional boxing
matches, and other interested parties with respect to the definition of that
term as it is used in the Professional Boxing Safety Act.
(c) REPORT- Not later than 12 months after the date of the enactment of this
Act, the Commission shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the study conducted under subsection
(a). The report shall--
(1) set forth a proposed definition of the term `promoter' for purposes
of the Professional Boxing Safety Act; and
(2) describe the findings, conclusions, and rationale of the Commission
for the proposed definition, together with any recommendations of the Commission,
based on the study.
SEC. 23. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsection (b), the amendments made
by this Act shall take effect on the date of enactment of this Act.
(b) 1-Year Delay for Certain Title II Provisions- Sections 205 through 212
of the Professional Boxing Safety Act of 1996, as added by section 21(a) of
this Act, shall take effect 1 year after the date of enactment of this Act.
Passed the Senate March 31, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 275
AN ACT
To amend the Professional Boxing Safety Act of 1996, and to establish the
United States Boxing Administration.
END
