U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" ! SENATE 108th Congress

1st Session

Report

2003

108–47

Calendar No. 98

THE PROFESSIONAL BOXING ACT

AMENDMENTS OF 2003

REPORT

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

ON

S. 275

MAY 14, 2003.—Ordered to be printed
(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JOHN MCCAIN, Arizona, Chairman

TED STEVENS, Alaska

CONRAD BURNS, Montana

TRENT LOTT, Mississippi

KAY BAILEY HUTCHISON, Texas

OLYMPIA J. SNOWE, Maine

SAM BROWNBACK, Kansas

GORDON SMITH, Oregon

PETER G. FITZGERALD, Illinois

JOHN ENSIGN, Nevada

GEORGE ALLEN, Virginia

JOHN E. SUNUNU, New Hampshire

ERNEST F. HOLLINGS, South Carolina

DANIEL K. INOUYE, Hawaii

JOHN D. ROCKEFELLER IV, West Virginia

JOHN F. KERRY, Massachusetts

JOHN B. BREAUX, Louisiana

BYRON L. DORGAN, North Dakota

RON WYDEN, Oregon

BARBARA BOXER, California

BILL NELSON, Florida

MARIA CANTWELL, Washington

FRANK LAUTENBERG, New Jersey

JEANNE BUMPUS, Staff Director and General Counsel

ANN BEGEMAN, Deputy Staff Director

ROBERT W. CHAMBERLIN, Chief Counsel

KEVIN D. KAYES, Democratic Staff Director

GREGG ELIAS, Democratic General Counsel

(II)
Calendar No. 98

108TH CONGRESS REPORT

1st Session " ! SENATE 108–47

THE PROFESSIONAL BOXING ACT AMENDMENTS OF 2003

MAY 14, 2003.—Ordered to be printed

Mr. MCCAIN, from the Committee on Commerce, Science, and

Transportation, submitted the following

R E P O R T

[To accompany S. 275]

The Committee on Commerce, Science, and Transportation, to

which was referred the bill (S. 275) to amend the Professional Boxing Safety Act of 1996, and to establish the United States Boxing

Administration, having considered the same, reports favorably

thereon and recommends that the bill (as amended) do pass.

PURPOSE OF THE BILL

S. 275 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 within the boxing industry, and providing uniformity in

ranking criteria and contractual guidelines. The bill also would establish a Federal entity, the United States Boxing Administration

(USBA), 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

that does not have a strong, centralized association or league to establish and enforce uniform rules and practices. There is no widelyestablished union of boxers, no collective body of promoters or managers, and no consistent level of regulation among State or tribal

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 for boxers.
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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 or tribal organization’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 for their own

use; 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.

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 medicallysuspended 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 sought to further 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 is

designed to protect the rights and welfare of professional boxers by

preventing exploitative, 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.

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.

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’’, etc., there are

now more than a half dozen such ‘‘champions’’ in each weight class

as determined by a variety of boxing ratings organizations. The
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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 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 the best fighters compete in each weight

division. The Muhammad Ali Act addressed this manipulation of

ratings by requiring that sanctioning organizations annually disclose their ratings policies and bylaws by either posting the information on their websites or filing it with the Federal Trade Commission.

SUMMARY OF PROVISIONS

S. 275 would amend the PBSA to: (1) establish and maintain a

confidential (except for the use by boxing commissions) medical registry that contains comprehensive medical records and medical suspension information for every licensed professional boxer; (2) make

uniform certain ‘‘safety standards’’ for all boxing commissions, including testing for infectious diseases (e.g., hepatitis) and the requirement that emergency medical personnel and an ambulance be

continually present at all professional boxing matches; (3) require

promoters to post some form of security (e.g., performance bond,

cashiers check, etc.) with the appropriate boxing commission prior

to a match to ensure payment of purse monies to boxers who participate and are contractually entitled to receive it; (4) make several changes to definitions, including modifying the term ‘‘boxing

commission’’ to include tribal organizations, and the term ‘‘promoter’’ to include television service providers only if they are, in

fact, functioning as promoters; (5) authorize tribal organizations to

establish boxing commissions as long as a certain level of safety

standards and other requirements are established; (6) mandate

that sanctioning organizations adopt and follow ratings guidelines/

criteria; (7) require that judges and referees be assigned for each

match by the appropriate boxing commission without interference

from sanctioning organizations; (8) 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 (9) require more stringent financial disclosures (within a specified period) by promoters and sanctioning organizations.

S. 275 also would create the United States Boxing Administration (USBA), a Federal entity located within the Department of

Labor, to regulate professional boxing. The USBA would be headed
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by an Administrator, appointed by the President and approved by

the Senate. It also would have an Assistant Administrator and

General Counsel. Additional staffing needs would be determined by

the Administration.

The USBA’s primary functions would be to protect the health,

safety, and general interests of boxers. The USBA, among other

things, would oversee and administer Federal boxing laws, and

work with those who participate in professional boxing to improve

the sport. The USBA would promulgate minimum uniform standards for boxing (in consultation with the ABC and sanctioning organizations). The USBA also would 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 USBA would require all boxers to be licensed every

4 years, as is currently required under the Federal Identification

system, but also would require all promoters, managers, and sanctioning organizations to be licensed by the USBA every 2 years.

The USBA would be authorized to charge reasonable fees for licensing and all fees and fines collected by the USBA would be deposited in a revolving fund to be used to offset the USBA’s annual

appropriation. After notice and opportunity for a hearing, the

USBA would be permitted to suspend or revoke any license issued

under the PBSA if it finds that an unlawful act has occurred, there

are reasonable grounds to believe that a USBA standard is not

being met, or action is necessary to protect the health or safety of

a boxer. The USBA also would be granted authority to conduct investigations, issue subpoenas, administer oaths and affirmations,

require the production of information, and seek injunctions to further the purposes of the PBSA.

The USBA would maintain a unified national computerized registry for collecting, storing, and retrieving information related to

professional boxing. The USBA would be required to consult with

local boxing commissions before establishing any regulation or

standard under the PBSA; local commissions would be required to

meet USBA standards or exceed them. The USBA would be required to submit to Congress an annual report containing a detailed description of its activities, as well as progress made at Federal and State levels and on tribal lands to reform professional boxing.

LEGISLATIVE HISTORY

On February 4, 2003, Senators McCain and Dorgan introduced

S. 275, which was subsequently co-sponsored by Senator Stevens.

The Committee on Commerce, Science, and Transportation held a

full committee hearing on February 5, 2003, to examine what effect

current Federal boxing law has had on the professional boxing industry and what, if anything, is necessary to further improve the

sport and the enforcement of the law. The hearing also addressed

the growing role of television service providers in the sport of professional boxing. Those who testified acknowledged that while such

television companies sustain the sport and are necessary in that respect, they also may be at times acting as de facto promoters and

should be subject to the same requirements that other promoters

must satisfy.
5

Witnesses at the hearing included: Bernard Hopkins (Middleweight champion), Ross Greenburg (President, HBO Sports), Thomas Hauser (columnist and author), Bert Sugar (boxing historian

and author), and Patrick Panella (Maryland Athletic Commission,

who testified on behalf of the Association of Boxing Commissions

(ABC)). All who testified agreed that the strengthening of current

boxing laws and a Federal regulatory entity to oversee the sport

are needed.

On March 13, 2003, the Committee met in open executive session

to consider an amendment in the nature of a substitute to S. 275

offered by Senators McCain, Dorgan, and Stevens. The amendment

was adopted, and the bill was ordered to be reported as amended,

by voice vote.

ESTIMATED COSTS

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:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, March 21, 2003.

Hon. JOHN MCCAIN, Chairman, Committee on Commerce, Science, and Transportation,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed estimate of S. 275, the Professional Boxing

Amendments Act of 2003.

If you wish further details on this estimate, we will be pleased

to proved them. The CBO staff contacts are Alexis Ahlstrom (for

Federal costs), Leo Lex (for the State and local impact), and Paige

Piper/Bach (for the private-sector impact).

Sincerely,

DOUGLAS HOLTZ-EAKIN, Director.

Enclosure.

S. 275—Professional Boxing Amendments Act of 2003

Summary: S. 275 would establish the United States Boxing Administration (USBA) within the Department of Labor. The administration would protect the safety and interests of boxers, and 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. 275 would cost $7 million in 2004 and

$34 million over the 2004–2013 period. (Those amounts reflect adjustments for anticipated inflation.)

S. 275 also would make violations of certain provisions of the

Professional Boxing Safety Act of 1996 Federal crimes. CBO estimates that his provisions would not have a significant effect on direct spending or revenues.
6

By placing requirements on boxing commissions run by State and

tribal governments, S. 275 would impose intergovernmental mandates as defined in the Unfunded Mandates Reform Act (UMRA).

CBO estimates that the cost of those of those mandates would not

be significant and would not exceed the threshold established in

the law ($59 million in 2003, adjusted annually for inflation).

S. 275 would impose several private-sector mandates, as defined

by 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 ($117 million in

2003, adjusted annually for inflation).

Estimated cost to the Federal Government: The estimated budgetary impact of S. 275 is shown in the following table. The costs

of this legislation fall within budget function 550 (health).

By fiscal year, in millions of dollars—

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Estimated authorization level 2 ..................................................................... 8 8 7 6 6

Estimated outlays ......................................................................................... 7 8 7 6 6

1 S. 275 also could increase direct spending and revenues, but CBO estimates that any such effects would be less than $500,000 a year. 2 Includes adjustments for anticipated inflation.

Basis of estimate

CBO estimates that implementing S. 275 would cost $34 million

over the 2004–2008 period, assuming appropriation of the necessary amounts. For this estimate, we assume the bill will be enacted this summer and that the estimated authorization amounts

will be appropriated for each year beginning in fiscal year 2004.

Enacting the bill also could increase both direct spending and revenues, but the amounts of any such changes would not be significant.

Spending subject to appropriation

S. 275 would authorize the appropriation of such sums as necessary for establishing a boxing administration to regulate professional boxing matches and those individuals involved in the sport.

This new regulator would monitor would cost $7 million in 2004

and $34 million over the 2004–2008 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 USBA

would not replace these entities or the activities they undertake,

although the bill would specific the minimum safety standards and

licensing requirements those entities must maintain. S. 275 would

create a separate, Federal entity to govern the sport of boxing, with

national, minimal standards and requirements for the business of

professional boxing.

United States Boxing Administration. S. 275 would create the

USBA within the Department of Labor. It would be headed by an

administrator to be named by the President. In addition to that position, the bill would allow the hiring of the necessary staff to fulfill

the requirements of the bill. The USBA would issue regulations

concerning the ranking of boxers by sanctioning organizations, min-
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imum safety standards for boxing matches, minimum contractual

requirements, and other issues. The bill also would require the

USBA to monitor compliance with issued regulations (including onsite checks of compliance with health and safety standards). In addition, the USBA would have to process submitted contracts for

boxing matches and approve certain types of boxing matches they

would occur.

CBO estimates that the USBA would employ about 30 people (including 3 senior executives, about 20 people at the GS–12 or GS– 13 level, and less than 10 support staff) to write regulations, inspect boxing matches, and establish and maintain the registries,

among other activities. Assuming the appropriation of the necessary amounts, CBO estimates the cost of salaries and other benefits for these individuals would be $3 million in 2004 and $18 million over the 2004–2008 period. In addition to those costs, CBO estimates the cost of leasing office space, travel to and from matches,

office equipment, and other costs would be $1 million in 2003 and

$6 million over the 2004–2008 period.

Licensing and Registration. S. 275 would require the USBA 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 boxing commissions. The bill would require the

USBA 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 the cost of

developing the boxing registry would be $2 million over the 2004– 2007 period, assuming the appropriation of the necessary amount.

CBO estimates that the licensing fees (considered offsetting collections) would offset the cost of maintaining the registry by 2007.

The bill 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 2004 and $8 million over the 2004–2008 period, assuming the appropriation of the necessary amounts.

Boxer-Safety Provisions. S. 275 would establish minimum safety

standards for boxing matches. The bill would require that boxers

the tested for infections diseases prior to competing. The bill would

require disclosure of potential injuries to all boxers at the time of

registry with a boxing commission. Professional boxing officials

have indicated that these activities are generally current practice,

but the USBA would have to monitor compliance with these provisions. The estimated cost of monitoring boxer health and safety is

included above in the cost of establishing the USBA.

Direct spending and revenues

The bill would allow the Attorney General of the United States

to pursue criminal actions against certain persons in violation of

the statute. The law already allows criminal prosecution of managers, promoters, matchmakers, and licensees. Because those prosecuted and convicted under S. 275 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 receipts (revenues), which are deposited in the

Crime Victims Fund and spent in subsequent years. CBO expects
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that any additional receipts and direct spending would be less than

$500,000 each year.

Estimated impact on State, local, and tribal governments: S. 275

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 a certain

level 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 USBA and to

meet uniform standards to be set by the administration.

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 USBA reporting requirements to be minimal.

S. 275 also would give the USBA 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 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 thus

would not exceed the threshold established in UMRA ($59 million

in 2003, adjusted annually for inflation).

Estimated impact on the private sector: S. 275 would impose several private-sector mandates, as defined by 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 ($117 million in 2003, adjusted annually for inflation).

The bill would require boxers, managers, promoters, and sanctioning organizations to be licensed by the USBA 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

USBA. Sanctioning organizations would be required to adopt guidelines to be promulgated by the USBA for the rating of professional

boxers. Under the bill, promoters, judges, referees, and sanctioning

organizations would be required to report certain information about

boxing matches to the USBA. 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
9

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.

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 USBA may conduct. Such a requirement would be a private-sector mandate under UMRA. CBO

expects 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: Alexis Ahlstrom; impact on

State, local, and tribal governments: Leo Lex; 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, and 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 is expected to be minimal.

PRIVACY

The impact on the personal privacy of the persons covered by

this legislation is expected to be minimal. The USBA, in establishing and maintaining a medical registry for all licensed professional boxers, is directed 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 USBA. Local boxing commissions may be required

by the USBA 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 2003.’’ This section also provides a table of contents for this Act.
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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. The term ‘‘promoter’’ would be modified to exclude a premium or other cable or

satellite program service, hotel, casino, resort, or other commercial

establishment, unless the premium or other cable or satellite program service, hotel, casino, resort, or other commercial establishment has a promotional agreement with a boxer in the match, and

there is no other person responsible for organizing, promoting, or

producing the match engaging as an affiliate of the premium or

other cable or satellite program service, hotel, casino, resort, or

other commercial establishment.

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

USBA.

Section 4. Purposes

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. USBA approval, or ABC or Commission sanction, required for matches

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 USBA and supervision by the ABC or by a boxing commission

that is a member of the ABC in good standing. Approval by the

USBA is presumed unless the USBA 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, or the match is scheduled for 10 rounds or more.

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 USBA. 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.
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Current law requires that either an ambulance or medical personnel with appropriate resuscitation equipment 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. Such disclosure is currently not required, but rather is merely a ‘‘Sense of the

Congress’’ in the PBSA. This section also would require that boxing

commissions furnish to the USBA 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 also must 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 USBA 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 USBA, 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

these minimum provisions are included in any 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

USBA. 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.
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Section 11. Coercive contracts

This section would amend section 10 of the PBSA to establish

minimum contractual guidelines for bout agreements, boxer-manager contracts, and promotional agreements.

Section 12. Sanctioning organizations

Section 12 would amend section 11 of the PBSA.

Subsection (a) would require within 1 year after the date of enactment, the USBA, in consultation with the ABC, 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 and comply with the guidelines.

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 of not less than 30 days, provide a copy of the rating

change and an explanation to the boxer and the USBA, provide the

boxer an 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 USBA.

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

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

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 be

amended to 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 has agreed to pay, to any other person in connection with the

match.
13

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 USBA.

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 supervising boxing commission to

select judges and referees who reside outside a commission’s jurisdiction, but only if the judges or referees are licensed by a boxing

commission in the United States.

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 USBA 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 USBA, in consultation with

the ABC, 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 USBA to determine the nature of

the medical records to be forwarded to the USBA and the time

within which they are to be submitted to the registry.

Subsection (c) would require the USBA 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 USBA in the current list of persons

who may not ‘‘belong to, 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.’’
14

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 USBA 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 chief

law 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.’’ These requirements are no longer necessary.

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 Administration

Subsection (a) would amend the PBSA by adding a new title II

establishing the USBA, as follows:

Section 201. Purpose

This section states that the purpose of the USBA 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 Administration

This section would establish the United States Boxing Administration as an administration within the Department of Labor.

Subsection (a) would provide for the USBA to be headed by an

Administrator, appointed by the President, by and with the advice

and consent of the Senate. This subsection also would provide that

the qualifications of the Administrator shall include experience in

professional boxing or professional sports, outstanding character,

U.S. citizenship, and his/her selection would be without regard to

political party affiliation. The subsection also would establish the

term of the Administrator to be for a 4-year period.

Subsection (b) would provide that the USBA also shall have an

Assistant Administrator and a General Counsel.

Subsection (c) would provide that the USBA may have staff necessary to carry out the function of the Administration.
15

Section 203. Functions

Subsection (a) would provide the primary functions of the USBA.

Subsection (b) lists the specific functions of the USBA.

Subsection (c) would provide that the USBA may not promote

boxing events or rank professional boxers, or provide technical assistance to, or authorize the use of the name of the USBA by, boxing commissions that do not comply with the requirements of the

USBA.

Subsection (d) would provide that the USBA shall have the exclusive right to the name ‘‘United States Boxing Administration.’’

This subsection also provides that any person who uses the name,

USBA, without permission is subject to a civil action by the Administration 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 USBA to participate in a professional boxing match. The USBA shall establish procedures and fees for applying for, granting, and issuing licenses. Licenses issued by the USBA would be for 4-year periods for professional boxers and 2-year periods for any other person. The USBA

may issue licenses through State and tribal boxing commissions.

Subsection (b) would authorize the USBA to prescribe and charge

reasonable licensing fees. In setting fees, this subsection cautions

that, to the maximum extent possible, the USBA 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 USBA may collect fees

through boxing commissions.

Section 205. National registry of boxing personnel

Subsection (a) would require the USBA, in consultation with the

ABC, 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 USBA.

Section 206. Consultation requirements

This section would require the USBA to consult with boxing commissions 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 USBA, after notice and opportunity for a hearing, to suspend or revoke any license issued under

this title if the USBA 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 USBA standard is not being

met or that certain criminal acts have occurred; or the licensee has

violated a provision of the PBSA. The USBA would determine the

period of suspension. In the case of a revocation of the license of
16

a boxer, the revocation would be for a period of not less than one

year.

Subsection (b) would authorize the USBA to conduct investigations and seek injunctions to further the purposes of the PBSA.

This subsection also would authorize the USBA to subpoena, administer oaths and affirmations, and require the production of information.

Subsection (c) would authorize the USBA 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

USBA be public and may be held before any officer of the USBA

or before a boxing commission that is a member of the ABC.

Section 208. Noninterference with local boxing authorities

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 are 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 USBA.

Section 209. Assistance from other agencies

This section would authorize the USBA to request that any employee of a Federal entity be detailed to the USBA on a reimbursable or nonreimbursable basis with the relevant entity’s consent.

Section 210. Reports

Subsection (a) would require the USBA 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 USBA and an overview of the licensing and enforcement

activities of boxing commissions.

Subsection (b) would require the USBA to publish and publicize

an annual report regarding the progress made to reform professional boxing at the Federal and State levels, including on Indian

lands, and comment on continuing concerns of the USBA.

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.
17

Section 212. Authorization of appropriations

Subsection (a) would authorize such sums as may be necessary

to be appropriated to the USBA 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 USBA.

Subsection (c) would provide several conforming amendments.

Section 22. Effective date

Subsection (a) would provide that, except as provided in subsection (b), the amendments made by this legislation will take effect on the date of enactment of this legislation.

Subsection (b) would provide that sections 205 through 212 of the

PBSA as added by section 21 (a) of this legislation, will take effect

1 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.]

øSECTION 1. SHORT TITLE.

øThis 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:

Section 1. Short title; table of contents.

Sec. 2. Definitions.

Title I—Professional Boxing Safety

Sec. 101. Purposes.

Sec. 102. Approval or sanction requirement.

Sec. 103. Safety standards.

Sec. 104. Registration.

Sec. 105. Review.

Sec. 106. Reporting.

Sec. 107. Contract requirements.

Sec. 108. Protection from coercive contracts.

Sec. 109. Sanctioning organizations.

Sec. 110. Required disclosures to state boxing commissions by sanctioning organizations.

Sec. 111. Required disclosures by promoters.

Sec. 112. Medical registry.

Sec. 113. Confidentiality.

Sec. 114. Judges and referees.

Sec. 115. Conflicts of interest.

Sec. 116. Enforcement.

Sec. 117. Professional boxing matches conducted on Indian lands.
18

Sec. 118. Relationship with State or tribal law.

Title II—United States Boxing Administration

Sec. 201. Purpose.

Sec. 202. Establishment of United States Boxing Administration.

Sec. 203. Functions.

Sec. 204. Licensing and registration of boxing personnel.

Sec. 205. National registry of boxing personnel.

Sec. 206. Consultation requirements.

Sec. 207. Misconduct.

Sec. 208. Noninterference with local boxing authorities.

Sec. 209. Assistance from other agencies.

Sec. 210. Reports.

Sec. 211. Initial implementation.

Sec. 212. Authorization of appropriations.

øSEC. 2. DEFINITIONS. [15 U.S.C. 6301]

øFor purposes of this Act:

ø(1) BOXER.—The term ‘‘boxer’’ means an individual who

fights in a professional boxing match.

ø(2) BOXING COMMISSION.—(A) The term ‘‘boxing commission’’ means an entity authorized under State law to regulate

professional boxing matches.

ø(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.

ø(4) LICENSEE.—The term ‘‘licensee’’ means an individual

who serves as a trainer, second, or cut man for a boxer.

ø(5) MANAGER.—The term ‘‘manager’’ means a person who

receives compensation for service as an agent or representative

of a boxer.

ø(6) MATCHMAKER.—The term ‘‘matchmaker’’ means a person

that proposes, selects, and arranges the boxers to participate

in a professional boxing match.

ø(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.

ø(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.

ø(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—

ø(A) the hotel, casino, resort, or other commercial establishment is primarily responsible for organizing, promoting, and producing the match; and

ø(B) there is no other person primarily responsible for

organizing, promoting, and producing the match.

ø(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.

ø(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.
19

ø(12) BOXING SERVICE PROVIDER.—The term ‘‘boxing service

provider’’ means a promoter, manager, sanctioning body, licensee, or matchmaker.

ø(13) CONTRACT PROVISION.—The term ‘‘contract provision’’ means any legal obligation between a boxer and a boxing service provider.

ø(14) SANCTIONING ORGANIZATION.—The term ‘‘sanctioning

organization’’ means an organization that sanctions professional boxing matches in the United States— ø(A) between boxers who are residents of different

States; or

ø(B) that are advertised, otherwise promoted, or broadcast (including closed circuit television) in interstate commerce.

ø(15) SUSPENSION.—The term ‘‘suspension’’ includes within

its meaning the revocation of a boxing license.¿

SEC. 2. DEFINITIONS.

In this Act:

(1) ADMINISTRATION.—The term ‘‘Administration’’ means the

United States Boxing Administration.

(2) BOUT AGREEMENT.—The term ‘‘bout agreement’’ means a

contract between a promoter and a boxer that requires the boxer

to participate in a professional boxing match with a designated

opponent on a particular date.

(3) BOXER.—The term ‘‘boxer’’ means an individual who

fights in a professional boxing match.

(4) BOXING COMMISSION.—The term ‘‘boxing commission’’ means an entity authorized under State or tribal law to regulate professional boxing matches.

(5) BOXER REGISTRY.—The term ‘‘boxer registry’’ means any

entity certified by the Administration for the purposes of maintaining records and identification of boxers.

(6) BOXING SERVICE PROVIDER.—The term ‘‘boxing service provider’’ means a promoter, manager, sanctioning body, licensee,

or matchmaker.

(7) CONTRACT PROVISION.—The term ‘‘contract provision’’ means any legal obligation between a boxer and a boxing service provider.

(8) INDIAN LANDS; INDIAN TRIBE.—The terms ‘‘Indian lands’’ and ‘‘Indian tribe’’ have the meanings given those terms by

paragraphs (4) and (5), respectively, of section 4 of the Indian

Gaming Regulatory Act (25 U.S.C. 2703).

(9) LICENSEE.—The term ‘‘licensee’’ means an individual who

serves as a trainer, second, or cut man for a boxer.

(10) LOCAL BOXING AUTHORITY.—The term ‘‘local boxing authority’’ means—

(A) any agency of a State, or of a political subdivision of

a State, that has authority under the laws of the State to

regulate professional boxing; and

(B) any agency of an Indian tribe that is authorized by

the Indian tribe or the governing body of the Indian tribe

to regulate professional boxing on Indian lands.

(11) MANAGER.—The term ‘‘manager’’ means a person who,

under contract, agreement, or other arrangement with a boxer,

undertakes to control or administer, directly or indirectly, a
20

boxing-related matter on behalf of that boxer, including a person who is a booking agent for a boxer.

(12) MATCHMAKER.—The term ‘‘matchmaker’’ means a person

that proposes, selects, and arranges for boxers to participate in

a professional boxing match.

(13) PHYSICIAN.—The term ‘‘physician’’ means a doctor of

medicine legally authorized to practice medicine by the State in

which the physician performs such function or action.

(14) PROFESSIONAL BOXING MATCH.—The term ‘‘professional

boxing match’’ means a boxing contest held in the United States

between individuals for financial compensation. The term ‘‘professional boxing match’’ does not include a boxing contest that

is regulated by a duly recognized amateur sports organization,

as approved by the Administration.

(15) PROMOTER.— (A) IN GENERAL.—The term ‘‘promoter’’ means the person

responsible for organizing, promoting, and producing a

professional boxing match.

(B) NON-APPLICATION TO CERTAIN ENTITIES.—The term ‘‘promoter’’ does not include a premium or other cable or

satellite program service, hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional

boxing match unless it— (i) is responsible for organizing, promoting, and producing the match; and

(ii) has a promotional agreement with a boxer in that

match.

(C) ENTITIES ENGAGING IN PROMOTIONAL ACTIVITIES

THROUGH AN AFFILIATE.—Notwithstanding subparagraph

(B), an entity described in that subparagraph shall be considered to be a promoter if the person responsible for organizing, promoting, and producing a professional boxing

match—

(i) is directly or indirectly under the control of, under

common control with, or acting at the direction of that

entity; and

(ii) organizes, promotes, and produces the match at

the direction or request of the entity.

(16) PROMOTIONAL AGREEMENT.—The term ‘‘promotional

agreement’’ means a contract between any person and a boxer

under which the boxer grants to that person the right to secure

and arrange all professional boxing matches requiring the boxer’s services for— (A) a prescribed period of time; or

(B) a prescribed number of professional boxing matches.

(17) STATE.—The term ‘‘State’’ means each of the 50 States,

Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands.

(18) SANCTIONING ORGANIZATION.—The term ‘‘sanctioning organization’’ means an organization, other than a boxing commission, that sanctions professional boxing matches, ranks professional boxers, or charges a sanctioning fee for professional

boxing matches in the United States— (A) between boxers who are residents of different States;

or
21

(B) that are advertised, otherwise promoted, or broadcast

(including closed circuit television) in interstate commerce.

(19) SUSPENSION.—The term ‘‘suspension’’ includes within its

meaning the temporary revocation of a boxing license.

(20) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’

has the same meaning as in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

TITLE I—PROFESSIONAL BOXING

SAFETY

SEC. ø3.¿ 101. PURPOSES. [15 U.S.C. 6302]

The purposes øof 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 øState¿ boxing commissions to provide proper

oversight for the professional boxing industry in the United

States.

øSEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. [15 U.S.C. 6303]

ø(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.

ø(b) For the purpose øof this Act¿ of this title, if no State commission is available to supervise a boxing match according to subsection (a), then—

ø(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

ø(2) any reporting or other requirement relating to a supervising commission allowed under this section.¿

SEC. ƒ4.≈ 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 Administration; and

(2) is supervised by the Association of Boxing Commissions or

by a boxing commission that is a member in good standing of

the Association of Boxing Commissions.

(b) APPROVAL PRESUMED.—For purposes of subsection (a), the Administration shall be presumed to have approved any match other

than—

(1) a match with respect to which the Administration has

been informed of an alleged violation ƒof this Act≈ of this title

and with respect to which it has notified the supervising boxing

commission that it does not approve;

(2) a match advertised to the public as a championship

match; or
22

(3) a match scheduled for 10 rounds or more.

SEC. ø5.¿ 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

ørequirements 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 Administration.

ø(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.

ø(3)¿ (4) A physician continuously present at ringside.

ø(4)¿ (5) Health insurance for each boxer to provide medical

coverage for any injuries sustained in the ømatch.¿ match in

an amount prescribed by the Administration.

SEC. ø6.¿ 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.—øIt 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 appro-
23

priate.¿ A boxing commission shall, in accordance with requirements established by the Administration, make a health and safety

disclosure to a boxer when issuing an identification card to that

boxer. The health and safety disclosure øshould¿ 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 ADMINISTRATION.—A boxing commission shall furnish a

copy of each registration received under subsection (a), and each

identification card issued under subsection (b), to the Administration.

SEC. ø7.¿ 105. REVIEW. [15 U.S.C. 6306]

ø(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 øthat, 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.

ø(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.

ø(4) Procedures to revoke a suspension where a boxer— ø(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

ø(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 service

provider which provides an opportunity for that person to

present evidence.

ø(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—

ø(1) for any reason other than those listed in subsection (a)

if such commission notifies in writing and consults with the
24

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

ø(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. ø8.¿ 106. REPORTING. [15 U.S.C. 6307]

Not later than ø48 business hours¿ 2 business days after the conclusion of a professional boxing match, the supervising boxing commission shall report the results of such øboxing¿ boxing match and

any related suspensions to øeach boxer registry.¿ the Administration.

øSEC. 9. CONTRACT REQUIREMENTS. [15 U.S.C. 6307a]

øWithin 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. ƒ9.≈ 107. CONTRACT REQUIREMENTS.

(a) IN GENERAL.—The Administration, in consultation with the

Association of Boxing Commissions, shall develop guidelines for

minimum contractual provisions that shall be included in each bout

agreement, boxer-manager contract, and promotional agreement.

Each boxing commission shall ensure that these minimal contractual provisions are present in any such agreement or contract submitted to it.

(b) FILING AND APPROVAL REQUIREMENTS.— (1) ADMINISTRATION.—A manager or promoter shall submit a

copy of each boxer-manager contract and each promotional

agreement between that manager or promoter and a boxer to the

Administration, and, if requested, to the boxing commission

with jurisdiction over the bout.

(2) BOXING COMMISSION.—A boxing commission may not approve a professional boxing match unless a copy of the bout

agreement related to that match has been filed with it and approved by it.

(c) BOND OR OTHER SURETY.—A boxing commission may not approve a professional boxing match unless the promoter of that

match has posted a surety bond, cashier’s check, letter of credit,

cash, or other security with the boxing commission in an amount acceptable to the boxing commission.

SEC. ø10.¿ 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
25

(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.

ø(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 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’’.

øSEC. 11. SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307c]

ø(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.

ø(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—

ø(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

ø(2) submit a copy of its explanation to the Association of

Boxing Commissions.
26

ø(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— ø(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

ø(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.

ø(d) PUBLIC DISCLOSURE.— ø(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— ø(A) a complete description of the organization’s ratings

criteria, policies, and general sanctioning fee schedule;

ø(B) the bylaws of the organization;

ø(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.

ø(2) FORMAT; UPDATES.—A sanctioning organization shall— ø(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

ø(B) promptly notify the Federal Trade Commission of

any material change in the information submitted.

ø(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.

ø(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—

ø(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;

ø(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

ø(C) is updated whenever there is a material change in

the information.¿

SEC. ƒ11.≈ 109. SANCTIONING ORGANIZATIONS.

(a) OBJECTIVE CRITERIA.—Within 1 year after the date of enactment of the Professional Boxing Amendments Act of 2003, the Administration shall develop guidelines for objective and consistent

written criteria for the rating of professional boxers based on the
27

athletic merits of the boxers. Within 90 days after the Administration’s promulgation of the guidelines, each sanctioning organization

shall adopt the guidelines and follow them.

(b) NOTIFICATION OF CHANGE IN RATING.—A sanctioning organization shall, with respect to a change in the rating of a boxer previously rated by such organization in the top 10 boxers— (1) post a copy, within 7 days after the change, on its Internet

website or home page, if any, including an explanation of the

change, for a period of not less than 30 days;

(2) provide a copy of the rating change and a thorough explanation in writing under penalty of perjury to the boxer and the

Administration;

(3) provide the boxer an opportunity to appeal the ratings

change to the sanctioning organization; and

(4) apply the objective criteria for ratings required under subsection (a) in considering any such appeal.

(c) CHALLENGE OF RATING.—If, after disposing with an appeal

under subsection (b)(3), a sanctioning organization receives a petition from a boxer challenging that organization’s rating of the

boxer, it shall (except to the extent otherwise required by the Administration), within 7 days after receiving the petition— (1) provide to the boxer a written explanation under penalty

of perjury of the organization’s rating criteria, its rating of the

boxer, and the rationale or basis for its rating (including a response to any specific questions submitted by the boxer); and

(2) submit a copy of its explanation to the Association of Boxing Commissions and the Administration.

SEC. ø12.¿ 110. REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONS BY SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307d]

øA 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 for that match shall provide to the Administration, and, if requested, to the boxing commission in the State or on

Indian land responsible for regulating the match, a statement of— (1) all charges, fees, and costs the organization øwill assess¿

has assessed, or will assess, any boxer participating in that

match;

(2) all payments, benefits, complimentary benefits, and fees

the organization øwill 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. ø13.¿ 111. REQUIRED DISCLOSURES FOR PROMOTERS. [15 U.S.C.

6307e]

ø(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 ADMINISTRATION.—Within 7 days after a professional boxing match of 10
28

rounds or more, the promoter of any boxer participating in that

match shall provide to the Administration, and, if requested, to the

boxing commission in the State or on Indian land responsible for

regulating the match—

(1) a copy of any agreement in øwriting¿ 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) øall fees, charges, and expenses that will be¿ a 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 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.—øA 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 match with whom the promoter has a promotional

agreement a statement of—

(1) the amounts of any compensation or consideration that a

promoter has contracted to receive from such ømatch;¿ 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.

øSEC. 14. REQUIRED DISCLOSURES FOR JUDGES AND REFEREES. [15

U.S.C. 6307f]

øA 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.¿
29

SEC. ƒ14.≈ 112. MEDICAL REGISTRY.

(a) IN GENERAL.—The Administration, in consultation with the

Association of Boxing Commissions, shall establish and maintain,

or certify a third party entity to establish and maintain, a medical

registry that contains comprehensive medical records and medical

denials or suspensions for every licensed boxer.

(b) CONTENT; SUBMISSION.—The Administration shall

determine—

(1) the nature of medical records and medical suspensions of

a boxer that are to be forwarded to the medical registry; and

(2) the time within which the medical records and medical

suspensions are to be submitted to the medical registry.

(c) CONFIDENTIALITY.—The Administration shall establish confidentiality standards for the disclosure of personally identifiable

information to boxing commissions that will—

(1) protect the health and safety of boxers by making relevant

information available to the boxing commissions for use but not

public disclosure; and

(2) ensure that the privacy of the boxers is protected.

SEC. ø15.¿ 113. CONFIDENTIALITY. [15 U.S.C. 6307g]

ø(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 Administration 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 øsection 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. ø16.¿ 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 øcertified 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 Administration.

(c) SANCTIONING ORGANIZATION NOT TO INFLUENCE SELECTION

PROCESS.—A sanctioning organization—

(1) may provide a list of judges and referees deemed qualified

by that organization to a boxing commission; but
30

(2) shall not influence, or attempt to influence, directly or indirectly, a boxing commission’s selection of a judge or referee for

a professional boxing match except by providing such a list.

(d) ASSIGNMENT OF NONRESIDENT JUDGES AND REFEREES.—A

boxing commission may assign judges and referees who reside outside that commission’s State or Indian land if the judge or referee

is licensed by a boxing commission in the United States.

(e) REQUIRED DISCLOSURE.—A judge or referee shall provide to

the boxing commission responsible for regulating a professional boxing match in a State or on Indian land a statement of all consideration, including reimbursement for expenses, that the judge or referee has received, or will receive, from any source for participation

in the match. If the match is scheduled for 10 rounds or more, the

judge or referee shall also provide such a statement to the Administration.

SEC. ø17.¿ 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 øenforces State¿ enforces State or Tribal boxing laws, no officer or employee of the Administration, and no member of the Association of Boxing Commissions may belong to, 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 øas described in section 4.¿

or under the jurisdiction of another tribal organization.

(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.

(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 sanc-
31

tioning 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. ø18.¿ 116. ENFORCEMENT. [15 U.S.C. 6309]

ø(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, the Attorney General may bring a civil or criminal 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 øof 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 øof this Act¿ of this title, other than section

ø9(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 ø9(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 Administration, and any member of the Association of Boxing Commissions who knowingly violates øsection 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 øof 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 øof this Act¿ of this title, the State, as parens patriae,

may bring a civil or criminal 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;
32

(3) to obtain the øfines¿ sanctions provided under subsection

(b) or appropriate restitution; or

(4) to obtain such other relief as the court may deem appropriate.

(d) PRIVATE RIGHT OF ACTION.—Any øboxer¿ person who suffers

economic injury as a result of a violation of any provision øof 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 øFEDERAL TRADE COMMISSION,¿

UNITED STATES BOXING COMMISSION, STATE ATTORNEYS GENERAL,

ETC.—Nothing in this Act authorizes the enforcement of—

(1) any provision øof this Act¿ of this title against the øFederal 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) øsection 10¿ section 108 against a boxer acting in his capacity as a boxer.

øSEC. 19. NOTIFICATION OF SUPERVISING BOXING COMMISSION. [15

U.S.C. 6310]

øEach 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:

ø(1) Assurances that, with respect to that professional boxing

match, all applicable requirements of this Act will be met.

ø(2) The name of any person who, at the time of the submission of the notification—

ø(A) is under suspension from a boxing commission; and

ø(B) will be involved in organizing or participating in the

event.

ø(3) For any individual listed under paragraph (2), the identity of the boxing commission that issued the suspension described in paragraph (2)(A).¿

øSEC. 20. STUDIES. [15 U.S.C. 6311]

ø(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.

ø(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.

ø(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).¿
33

øSEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN

RESERVATIONS. [15 U.S.C. 6312]

ø(a) DEFINITIONS.—For purposes of this section, the following

definitions shall apply:

ø(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)).

ø(2) RESERVATION.—The term ‘‘reservation’’ means the geographically defined area over which a tribal organization exercises governmental jurisdiction.

ø(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)).

ø(b) REQUIREMENTS.—

ø(1) IN GENERAL.—Notwithstanding any other provision of

law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization—

ø(A) regulate professional boxing matches held within

the reservation under the jurisdiction of that tribal organization; and

ø(B) carry out that regulation or enter into a contract

with a boxing commission to carry out that regulation.

ø(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—

ø(A) the otherwise applicable standards and requirements of a State in which the reservation is located; or

ø(B) the most recently published version of the recommended regulatory guidelines certified and published by

the Association of Boxing Commissions.¿

SEC. ƒ21.≈ 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 Administration.

(c) APPLICATION OF ACT TO BOXING MATCHES ON TRIBAL

LANDS.—The provisions ƒof this Act≈ of this title apply to professional boxing matches held on tribal lands to the same extent and
34

in the same way as they apply to professional boxing matches held

in any State.

SEC. ø22.¿ 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

ADMINISTRATION

SEC. 201. PURPOSE.

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

SEC. 202. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.

(a) IN GENERAL.—The United States Boxing Administration is established as an administration of the Department of Labor.

(b) ADMINISTRATOR.—

(1) APPOINTMENT.—The Administration shall be headed by

an Administrator, appointed by the President, by and with the

advice and consent of the Senate.

(2) QUALIFICATIONS.—The Administrator shall be an individual who—

(A) has extensive experience in professional boxing activities or in a field directly related to professional sports;

(B) is of outstanding character and recognized integrity;

(C) is selected on the basis of training, experience, and

qualifications and without regard to political party affiliation; and

(D) is a United States citizen.

(3) COMPENSATION.—Section 5315 of title 5, United States

Code, is amended by adding at the end the following:

The Administrator of the United States Boxing Administration.’’.

(4) TERM OF OFFICE.—The Administrator shall serve for a

term of 4 years.

(c) ASSISTANT ADMINISTRATOR; GENERAL COUNSEL.—The Administration shall have an Assistant Administrator and a General

Counsel, each of whom shall be appointed by the Administrator.

The Assistant Administrator shall—

(1) serve as Administrator in the absence of the Administrator, in the event of the inability of the Administrator to carry

out the functions of the Administrator, or in the event of a vacancy in that office; and

(2) carry out such duties as the Administrator may assign.

(d) STAFF.—The Administration shall have such additional staff

as may be necessary to carry out the functions of the Administration.
35

SEC. 203. FUNCTIONS.

(a) PRIMARY FUNCTIONS.—The primary functions of the Administration are—

(1) to protect the health, safety, and general interests of boxers

consistent with the provisions of this Act; and

(2) to ensure uniformity, fairness, and integrity in professional boxing.

(b) SPECIFIC FUNCTIONS.—The Administrator shall—

(1) administer title I of this Act;

(2) promulgate uniform standards for professional boxing in

consultation with the boxing commissions of the several States

and tribal organizations;

(3) except as otherwise determined by the Administration,

oversee all professional boxing matches in the United States;

(4) work with the boxing commissions of the several States

and tribal organizations— (A) to improve the safety, integrity, and professionalism

of professional boxing in the United States;

(B) to enhance physical, medical, financial, and other

safeguards established for the protection of professional

boxers; and

(C) to improve the status and standards of professional

boxing in the United States;

(5) ensure, through the Attorney General, the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government,

that Federal and State laws applicable to professional boxing

matches in the United States are vigorously, effectively, and

fairly enforced;

(6) review local boxing authority regulations for professional

boxing and provide assistance to such authorities in meeting

minimum standards prescribed by the Administration under

this title;

(7) serve as the coordinating body for all efforts in the United

States to establish and maintain uniform minimum health and

safety standards for professional boxing;

(8) if the Administrator determines it to be appropriate, publish a newspaper, magazine, or other publication and establish

and maintain a website consistent with the purposes of the Administration;

(9) procure the temporary and intermittent services of experts

and consultants to the extent authorized by section 3109(b) of

title 5, United States Code, at rates the Administration determines to be reasonable; and

(10) promulgate rules, regulations, and guidance, and take

any other action necessary and proper to accomplish the purposes of, and consistent with, the provisions of this title.

(c) PROHIBITIONS.—The Administration may not—

(1) promote boxing events or rank professional boxers; or

(2) provide technical assistance to, or authorize the use of the

name of the Administration by, boxing commissions that do not

comply with requirements of the Administration.

(d) USE OF NAME.—The Administration shall have the exclusive

right to use the name ‘‘United States Boxing Administration’’. Any

person who, without the permission of the Administration, uses that
36

name or any other exclusive name, trademark, emblem, symbol, or

insignia of the Administration for the purpose of inducing the sale

or exchange of any goods or services, or to promote any exhibition,

performance, or sporting event, shall be subject to suit in a civil action by the Administration for the remedies provided in the Act of

July 5, 1946 (commonly known as the ‘‘Trademark Act of 1946’’; 15

U.S.C. 1051 et seq.).

SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

(a) LICENSING.—

(1) REQUIREMENT FOR LICENSE.—No person may compete in

a professional boxing match or serve as a boxing manager, boxing promoter, or sanctioning organization for a professional

boxing match except as provided in a license granted to that

person under this subsection.

(2) APPLICATION AND TERM.—

(A) IN GENERAL.—The Administration shall—

(i) establish application procedures, forms, and fees;

(ii) establish and publish appropriate standards for

licenses granted under this section; and

(iii) issue a license to any person who, as determined

by the Administration, meets the standards established

by the Administration under this title.

(B) DURATION.—A license issued under this section shall

be for a renewable—

(i) 4-year term for a boxer; and

(ii) 2-year term for any other person.

(C) PROCEDURE.—The Administration may issue a license under this paragraph through local boxing authorities or in a manner determined by the Administration.

(b) LICENSING FEES.—

(1) AUTHORITY.—The Administration may prescribe and

charge reasonable fees for the licensing of persons under this

title. The Administration may set, charge, and adjust varying

fees on the basis of classifications of persons, functions, and

events determined appropriate by the Administration.

(2) LIMITATIONS.—In setting and charging fees under paragraph (1), the Administration shall ensure that, to the maximum extent practicable—

(A) club boxing is not adversely effected;

(B) sanctioning organizations and promoters pay the

largest portion of the fees; and

(C) boxers pay as small a portion of the fees as is possible.

(3) COLLECTION.—Fees established under this subsection may

be collected through local boxing authorities or by any other

means determined appropriate by the Administration.

SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

(a) REQUIREMENT FOR REGISTRY.—The Administration, in consultation with the Association of Boxing Commissions, shall establish and 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.
37

(b) CONTENTS.—The information in the registry shall include the

following:

(1) BOXERS.—A list of professional boxers and data in the

medical registry established under section 114 of this Act,

which the Administration shall secure from disclosure in accordance with the confidentiality requirements of section 114(c).

(2) OTHER PERSONNEL.—Information (pertinent to the sport of

professional boxing) on boxing promoters, boxing matchmakers,

boxing managers, trainers, cut men, referees, boxing judges,

physicians, and any other personnel determined by the Administration as performing a professional activity for professional

boxing matches.

SEC. 206. CONSULTATION REQUIREMENTS.

The Administration shall consult with local boxing authorities—

(1) before prescribing any regulation or establishing any

standard under the provisions of this title; and

(2) not less than once each year regarding matters relating to

professional boxing.

SEC. 207. MISCONDUCT.

(a) SUSPENSION AND REVOCATION OF LICENSE OR REGISTRATION.—

(1) AUTHORITY.—The Administration may, after notice and

opportunity for a hearing, suspend or revoke any license issued

under this title if the Administration finds that—

(A) the licensee has violated any provision of this Act;

(B) there are reasonable grounds for belief that a standard prescribed by the Administration under this title is not

being met, or that bribery, collusion, intentional losing,

racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; or

(C) the suspension or revocation is necessary for the protection of health and safety or is otherwise in the public interest.

(2) PERIOD OF SUSPENSION.—

(A) IN GENERAL.—A suspension of a license under this

section shall be effective for a period determined appropriate by the Administration except as provided in subparagraph (B).

(B) SUSPENSION FOR MEDICAL REASONS.—In the case of

a suspension or denial of the license of a boxer for medical

reasons by the Administration, the Administration may terminate the suspension or denial at any time that a physician certifies that the boxer is fit to participate in a professional boxing match. The Administration shall prescribe

the standards and procedures for accepting certifications

under this subparagraph.

(3) PERIOD OF REVOCATION.—In the case of a revocation of the

license of a boxer, the revocation shall be for a period of not less

than 1 year.

(b) INVESTIGATIONS AND INJUNCTIONS.— (1) AUTHORITY.—The Administration may— (A) conduct any investigation that it considers necessary

to determine whether any person has violated, or is about
38

to violate, any provision of this Act or any regulation prescribed under this Act;

(B) require or permit any person to file with it a statement in writing, under oath or otherwise as the Administration shall determine, as to all the facts and circumstances concerning the matter to be investigated;

(C) in its discretion, publish information concerning any

violations; and

(D) investigate any facts, conditions, practices, or matters

to aid in the enforcement of the provisions of this Act, in

the prescribing of regulations under this Act, or in securing

information to serve as a basis for recommending legislation concerning the matters to which this Act relates.

(2) POWERS.— (A) IN GENERAL.—For the purpose of any investigation

under paragraph (1), or any other proceeding under this

Act, any officer designated by the Administration may administer oaths and affirmations, subpoena or otherwise

compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence,

memorandums, or other records which the Administration

considers relevant or material to the inquiry.

(B) WITNESSES AND EVIDENCE.—The attendance of witnesses and the production of any documents under subparagraph (A) may be required from any place in the

United States, including Indian land, at any designated

place of hearing.

(3) ENFORCEMENT OF SUBPOENAS.— (A) CIVIL ACTION.—In case of contumacy by, or refusal to

obey a subpoena issued to, any person, the Administration

may file an action in any district court of the United States

within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of

witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may

issue an order requiring the person to appear before the Administration to produce records, if so ordered, or to give testimony concerning the matter under investigation or in

question.

(B) FAILURE TO OBEY.—Any failure to obey an order

issued by a court under subparagraph (A) may be punished

as contempt of that court.

(C) PROCESS.—All process in any contempt case under

subparagraph (A) may be served in the judicial district in

which the person is an inhabitant or in which the person

may be found.

(4) EVIDENCE OF CRIMINAL MISCONDUCT.—

(A) IN GENERAL.—No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before

the Administration, in obedience to the subpoena of the Administration, or in any cause or proceeding instituted by

the Administration, on the ground that the testimony or

evidence, documentary or otherwise, required of that person
39

may tend to incriminate the person or subject the person to

a penalty or forfeiture.

(B) LIMITED IMMUNITY.—No individual may be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning the

matter about which that individual is compelled, after having claimed a privilege against self-incrimination, to testify

or produce evidence, documentary or otherwise, except that

the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

(5) INJUNCTIVE RELIEF.—If the Administration determines

that any person is engaged or about to engage in any act or

practice that constitutes a violation of any provision of this Act,

or of any regulation prescribed under this Act, the Administration may bring an action in the appropriate district court of the

United States, the United States District Court for the District

of Columbia, or the United States courts of any territory or

other place subject to the jurisdiction of the United States, to

enjoin the act or practice, and upon a proper showing, the court

shall grant without bond a permanent or temporary injunction

or restraining order.

(6) MANDAMUS.—Upon application of the Administration, the

district courts of the United States, the United States District

Court for the District of Columbia, and the United States courts

of any territory or other place subject to the jurisdiction of the

United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions

of this Act or any order of the Administration.

(c) INTERVENTION IN CIVIL ACTIONS.—

(1) IN GENERAL.—The Administration, on behalf of the public

interest, may intervene of right as provided under rule 24(a) of

the Federal Rules of Civil Procedure in any civil action relating

to professional boxing filed in a district court of the United

States.

(2) AMICUS FILING.—The Administration may file a brief in

any action filed in a court of the United States on behalf of the

public interest in any case relating to professional boxing.

(d) HEARINGS BY ADMINISTRATION.—Hearings conducted by the

Administration under this Act shall be public and may be held before any officer of the Administration. The Administration shall

keep appropriate records of the hearings.

SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.

(a) NONINTERFERENCE.—Nothing in this Act prohibits any local

boxing authority from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional

boxing or professional boxing matches to the extent not inconsistent

with the provisions of this Act.

(b) MINIMUM STANDARDS.—Nothing in this Act prohibits any

local boxing authority from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Administration under this Act.
40

SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

Any employee of any executive department, agency, bureau, board,

commission, office, independent establishment, or instrumentality

may be detailed to the Administration, upon the request of the Administration, on a reimbursable or nonreimbursable basis, with the

consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the

compensation provided pursuant to law for the employee’s regular

position of employment and shall retain, without interruption, the

rights and privileges of that employment.

SEC. 210. REPORTS.

(a) ANNUAL REPORT.—The Administration shall submit a report

on its activities to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Commerce each year. The annual report shall include—

(1) a detailed discussion of the activities of the Administration for the year covered by the report; and

(2) an overview of the licensing and enforcement activities of

the State and tribal organization boxing commissions.

(b) PUBLIC REPORT.—The Administration shall annually issue

and publicize a report of the Administration on the progress made

at Federal and State levels and on Indian lands in the reform of

professional boxing, which shall include comments on issues of continuing concern to the Administration.

(c) FIRST ANNUAL REPORT ON THE ADMINISTRATION.—The first

annual report under this title shall be submitted not later than 2

years after the effective date of this title.

SEC. 211. INITIAL IMPLEMENTATION.

(a) TEMPORARY EXEMPTION.—The requirements for licensing

under this title do not apply to a person for the performance of an

activity as a boxer, boxing judge, or referee, or the performance of

any other professional activity in relation to a professional boxing

match, if the person is licensed by a boxing commission to perform

that activity as of the effective date of this title.

(b) EXPIRATION.—The exemption under subsection (a) with respect

to a license issued by a boxing commission expires on the earlier

of—

(A) the date on which the license expires; or

(B) the date that is 2 years after the date of the enactment of the Professional Boxing Amendments Act of 2003.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for the

Administration for each fiscal year such sums as may be necessary

for the Administration to perform its functions for that fiscal year.

(b) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, United States Code, any fee collected under this title—

(1) shall be credited as offsetting collections to the account

that finances the activities and services for which the fee is imposed;

(2) shall be available for expenditure only to pay the costs of

activities and services for which the fee is imposed; and

(3) shall remain available until expended.
41

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III. EMPLOYEES

SUBPART D. PAY AND ALLOWANCES

CHAPTER 53. PAY RATES AND SYSTEMS

SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

§ 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:

Deputy Administrator of General Services.

Associate Administrator of the National Aeronautics and

Space Administration.

Assistant Administrators, Agency for International Development (6).

Regional Assistant Administrators, Agency for International

Development (4).

Under Secretary of the Air Force.

Under Secretary of the Army.

Under Secretary of the Navy.

Assistant Secretaries of Agriculture (3).

Assistant Secretaries of Commerce (11).

Assistant Secretaries of Defense (8).

Assistant Secretaries of the Air Force (4).

Assistant Secretaries of the Army (5).

Assistant Secretaries of the Navy (4).

Assistant Secretaries of Health and Human Services (6).

Assistant Secretaries of the Interior (6).

Assistant Attorneys General (10).

Assistant Secretaries of Labor (10), one of whom shall be the

Assistant Secretary of Labor for Veterans’ Employment and

Training.

24 Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with

the advice and consent of the Senate.

Assistant Secretaries of the Treasury (7).

Members, United States International Trade Commission (5).

Assistant Secretaries of Education (10).

General Counsel, Department of Education.

Inspector General, Department of Education.

Director of Civil Defense, Department of the Army.

Deputy Director of the Office of Emergency Planning.

Deputy Director of the Office of Science and Technology.

Deputy Director of the Peace Corps.

Assistant Directors of the Office of Management and Budget

(3).

General Counsel of the Department of Agriculture.

General Counsel of the Department of Commerce.

General Counsel of the Department of Defense.

General Counsel of the Department of Health and Human

Services.

Solicitor of the Department of the Interior.
42

Solicitor of the Department of Labor.

General Counsel of the National Labor Relations Board.

General Counsel of the Department of the Treasury.

First Vice President of the Export-Import Bank of Washington [Export-Import Bank of the United States].

Members, Council of Economic Advisers.

Members, Board of Directors of the Export-Import Bank of

Washington [Export-Import Bank of the United States].

Members, Federal Communications Commission.

Member, Board of Directors of the Federal Deposit Insurance

Corporation.

Directors, Federal Housing Finance Board

Members, Federal Energy Regulatory Commission.

Members, Federal Trade Commission.

Members, Surface Transportation Board.

Members, National Labor Relations Board.

Members, Securities and Exchange Commission.

Members, Board of Directors of the Tennessee Valley Authority.

Members, Merit Systems Protection Board.

Members, Federal Maritime Commission.

Members, National Mediation Board.

Members, Railroad Retirement Board.

Director of Selective Service.

Associate Director of the Federal Bureau of Investigation,

Department of Justice.

Members, Equal Employment Opportunity Commission (4).

Director, Community Relations Service.

Members, National Transportation Safety Board.

General Counsel, Department of Transportation.

Deputy Administrator, Federal Aviation Administration.

Assistant Secretaries of Transportation (4).

Deputy Federal Highway Administrator.

Administrator of the Saint Lawrence Seaway Development

Corporation.

Assistant Secretary for Science, Smithsonian Institution.

Assistant Secretary for History and Art, Smithsonian Institution.

Deputy Administrator of the Small Business Administration.

Assistant Secretaries of Housing and Urban Development

(8).

General Counsel of the Department of Housing and Urban

Development.

Commissioner of Interama.

Federal Insurance Administrator, Federal Emergency Management Agency.

Executive Vice President, Overseas Private Investment Corporation.

Members, National Credit Union Administration Board (2).

Members, Postal Rate Commissions (4).

Members, Occupational Safety and Health Review Commission.

Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2)

Members, Consumer Product Safety Commission (4).
43

Members, Commodity Futures Trading Commission.

Director of Nuclear Reactor Regulation, Nuclear Regulatory

Commission.

Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission.

Director of Nuclear Regulatory Research, Nuclear Regulatory

Commission.

Executive Director for Operations, Nuclear Regulatory Commission.

President, Government National Mortgage Association, Department of Housing and Urban Development.

Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration.

Commissioner of Immigration and Naturalization, Department of Justice.

Director, Bureau of Prisons, Department of Justice.

Assistant Secretaries of Energy (6).

General Counsel of the Department of Energy.

Administrator, Economic Regulatory Administration, Department of Energy.

Administrator, Energy Information Administration, Department of Energy.

Inspector General, Department of Energy.

Director, Office of Science, Department of Energy.

Assistant Secretary of Labor for Mine Safety and Health.

Members, Federal Mine Safety and Health Review Commission.

President, National Consumer Cooperative Bank.

Inspector General, Department of Health and Human Services.

Inspector General, Department of Agriculture.

Special Counsel of the Merit Systems Protection Board.

Inspector General, Department of Housing and Urban Development.

Chairman, Federal Labor Relations Authority.

Inspector General, Department of Labor.

Inspector General, Department of Transportation.

Inspector General, Department of Veterans Affairs

Deputy Director, Institute for Scientific and Technological

Cooperation.

Director of the National Institute of Justice.

Director of the Bureau of Justice Statistics.

Chief Counsel for Advocacy, Small Business Administration.

Inspector General, Department of Defense.

Assistant Administrator for Toxic Substances, Environmental Protection Agency.

Assistant Administrator, Office of Solid Waste, Environmental Protection Agency.

Assistant Administrators, Environmental Protection Agency

(8).

Director of Operational Test and Evaluation, Department of

Defense.
44

Special Representatives of the President for arms control,

nonproliferation, and disarmament matters, Department of

State.

Administrator of the Health Care Financing Administration.

Director, National Institute of Standards and Technology,

Department of Commerce.

Inspector General, Department of State.

Director of Defense Research and Engineering.

Ambassadors at Large.

Commissioner, National Center for Education Statistics.

Assistant Secretary of Commerce and Director General of the

United States and Foreign Commercial Service.

Inspector General, Department of Commerce.

Inspector General, Department of the Interior.

Inspector General, Department of Justice.

Inspector General, Department of the Treasury.

Inspector General, Agency for International Development.

Inspector General, Environmental Protection Agency.

Inspector General, Federal Emergency Management Agency.

Inspector General, General Services Administration.

Inspector General, National Aeronautics and Space Administration.

Inspector General, Nuclear Regulatory Commission.

Inspector General, Office of Personnel Management.

Inspector General, Railroad Retirement Board.

Inspector General, Small Business Administration.

Inspector General, Tennessee Valley Authority.

Inspector General, Federal Deposit Insurance Corporation.

Assistant Secretaries, Department of Veterans Affairs (6).

General Counsel, Department of Veterans Affairs.

Commissioner of Food and Drugs, Department of Health and

Human Services.

Chairman, Board of Veterans’ Appeals.

Administrator, Office of Juvenile Justice and Delinquency

Prevention.

Director, United States Marshals Service.

Inspector General, Resolution Trust Corporation.

Chairman, United States Parole Commission.

Director, Bureau of the Census, Department of Commerce.

Director of the Institute of Museum and Library Services.

Chief Financial Officer, Department of Agriculture.

Chief Financial Officer, Department of Commerce.

Chief Financial Officer, Department of Education.

Chief Financial Officer, Department of Energy.

Chief Financial Officer, Department of Health and Human

Services.

Chief Financial Officer, Department of Housing and Urban

Development.

Chief Financial Officer, Department of the Interior.

Chief Financial Officer, Department of Justice.

Chief Financial Officer, Department of Labor.

Chief Financial Officer, Department of State.

Chief Financial Officer, Department of Transportation.

Chief Financial Officer, Department of the Treasury.

Chief Financial Officer, Department of Veterans Affairs.
45

Chief Financial Officer, Environmental Protection Agency.

Chief Financial Officer, National Aeronautics and Space Administration.

Commissioner, Office of Navajo and Hopi Indian Relocation.

Inspector General, Central Intelligence Agency.

Deputy Under Secretary of Defense for Policy.

Deputy Under Secretary of Defense for Personnel and Readiness.

General Counsel of the Department of the Army.

General Counsel of the Department of the Navy.

General Counsel of the Department of the Air Force.

Liaison for Community and Junior Colleges, Department of

Education.

Director of the Office of Educational Technology.

Director of the International Broadcasting Bureau

Inspector General, Social Security Administration.

The Commissioner of Labor Statistics, Department of Labor.

Administrator, Rural Utilities Service, Department of Agriculture.

Chief Information Officer, Department of Agriculture.

Chief Information Officer, Department of Commerce.

Chief Information Officer, Department of Defense (unless the

official designated as the Chief Information Officer of the Department of Defense is an official listed under section 5312,

5313, or 5314 of this title).

Chief Information Officer, Department of Education.

Chief Information Officer, Department of Energy.

Chief Information Officer, Department of Health and Human

Services.

Chief Information Officer, Department of Housing and

Urban Development.

Chief Information Officer, Department of the Interior.

Chief Information Officer, Department of Justice.

Chief Information Officer, Department of Labor.

Chief Information Officer, Department of State.

Chief Information Officer, Department of Transportation.

Chief Information Officer, Department of the Treasury.

Chief Information Officer, Department of Veterans Affairs.

Chief Information Officer, Environmental Protection Agency.

Chief Information Officer, National Aeronautics and Space

Administration.

Chief Information Officer, Agency for International Development.

Chief Information Officer, Federal Emergency Management

Agency.

Chief Information Officer, General Services Administration.

Chief Information Officer, National Science Foundation.

Chief Information Officer, Nuclear Regulatory Agency.

Chief Information Officer, Office of Personnel Management.

Chief Information Officer, Small Business Administration.

Inspector General, United States Postal Service.

Assistant Directors of Central Intelligence (3).

General Counsel of the Central Intelligence Agency.
46

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and

Trademark Office.

Principal Deputy Administrator, National Nuclear Security

Administration.

Additional Deputy Administrators of the National Nuclear

Security Administration (3), but if the Deputy Administrator

for Naval Reactors is an officer of the Navy on active duty, (2).

The Administrator of the United States Boxing Administration.

Æ