109TH CONGRESS

1ST SESSION S. 148

AN ACT

To establish a United States Boxing Commission to

administer the Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Professional Boxing Amendments Act of 2005’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Amendment of Professional Boxing Safety Act of 1996.

Sec. 3. Definitions.

Sec. 4. Purposes.

Sec. 5. United States Boxing Commission approval, or ABC or commission

sanction, required for matches.

Sec. 6. Safety standards.

Sec. 7. Registration.

Sec. 8. Review.

Sec. 9. Reporting.

Sec. 10. Contract requirements.

Sec. 11. Coercive contracts.

Sec. 12. Sanctioning organizations.

Sec. 13. Required disclosures by sanctioning organizations.

Sec. 14. Required disclosures by promoters and broadcasters.

Sec. 15. Judges and referees.

Sec. 16. Medical registry.

Sec. 17. Conflicts of interest.

Sec. 18. Enforcement.

Sec. 19. Repeal of deadwood.

Sec. 20. Recognition of tribal law.

Sec. 21. Establishment of United States Boxing Commission.

Sec. 22. Study and report on definition of promoter.

Sec. 23. Effective date.

3 SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY

4 ACT OF 1996.

5 Except as otherwise expressly provided, whenever in

6 this title an amendment or repeal is expressed in terms

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a

9 section or other provision of the Professional Boxing Safe10 ty Act of 1996 (15 U.S.C. 6301 et seq.).

11 SEC. 3. DEFINITIONS.

12 (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) is

13 amended to read as follows:
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1 ‘‘SEC. 2. DEFINITIONS.

2 ‘‘In this Act:

3 ‘‘(1) COMMISSION.—The term ‘Commission’

4 means the United States Boxing Commission.

5 ‘‘(2) BOUT AGREEMENT.—The term ‘bout

6 agreement’ means a contract between a promoter

7 and a boxer that requires the boxer to participate in

8 a professional boxing match for a particular date.

9 ‘‘(3) BOXER.—The term ‘boxer’ means an indi10 vidual who fights in a professional boxing match.

11 ‘‘(4) BOXING COMMISSION.—The term ‘boxing

12 commission’ means an entity authorized under State

13 or tribal law to regulate professional boxing

14 matches.

15 ‘‘(5) BOXER REGISTRY.—The term ‘boxer reg16 istry’ means any entity certified by the Commission

17 for the purposes of maintaining records and identi18 fication of boxers.

19 ‘‘(6) BOXING SERVICE PROVIDER.—The term

20 ‘boxing service provider’ means a promoter, man21 ager, sanctioning body, licensee, or matchmaker.

22 ‘‘(7) CONTRACT PROVISION.—The term ‘con23 tract provision’ means any legal obligation between

24 a boxer and a boxing service provider.

25 ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The

26 terms ‘Indian lands’ and ‘Indian tribe’ have the
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1 meanings given those terms by paragraphs (4) and

2 (5), respectively, of section 4 of the Indian Gaming

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

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

5 individual who serves as a trainer, corner man, sec6 ond, or cut man for a boxer.

7 ‘‘(10) MANAGER.—The term ‘manager’ means a

8 person other than a promoter who, under contract,

9 agreement, or other arrangement with a boxer, un10 dertakes to control or administer, directly or indi11 rectly, a boxing-related matter on behalf of that

12 boxer, including a person who is a booking agent for

13 a boxer.

14 ‘‘(11) MATCHMAKER.—The term ‘matchmaker’

15 means a person that proposes, selects, and arranges

16 for boxers to participate in a professional boxing

17 match.

18 ‘‘(12) PHYSICIAN.—The term ‘physician’ means

19 a doctor of medicine legally authorized to practice

20 medicine by the State in which the physician per21 forms such function or action and who has training

22 and experience in dealing with sports injuries, par23 ticularly head trauma.

24 ‘‘(13) PROFESSIONAL BOXING MATCH.—The

25 term ‘professional boxing match’ means a boxing
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1 contest held in the United States between individ2 uals for financial compensation. The term ‘profes3 sional boxing match’ does not include a boxing con4 test that is regulated by a duly recognized amateur

5 sports organization, as approved by the Commission.

6 ‘‘(14) PROMOTER.—The term ‘promoter’—

7 ‘‘(A) means the person primarily respon8 sible for organizing, promoting, and producing

9 a professional boxing match; but

10 ‘‘(B) does not include a hotel, casino, re11 sort, or other commercial establishment hosting

12 or sponsoring a professional boxing match

13 unless—

14 ‘‘(i) the hotel, casino, resort, or other

15 commercial establishment is primarily re16 sponsible for organizing, promoting, and

17 producing the match; and

18 ‘‘(ii) there is no other person primarily

19 responsible for organizing, promoting, and

20 producing the match.

21 ‘‘(15) PROMOTIONAL AGREEMENT.—The term

22 ‘promotional agreement’ means a contract, for the

23 acquisition of rights relating to a boxer’s participa24 tion in a professional boxing match or series of box-
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1 ing matches (including the right to sell, distribute,

2 exhibit, or license the match or matches), with—

3 ‘‘(A) the boxer who is to participate in the

4 match or matches; or

5 ‘‘(B) the nominee of a boxer who is to par6 ticipate in the match or matches, or the nomi7 nee is an entity that is owned, controlled or

8 held in trust for the boxer unless that nominee

9 or entity is a licensed promoter who is con10 veying a portion of the rights previously ac11 quired.

12 ‘‘(16) STATE.—The term ‘State’ means each of

13 the 50 States, Puerto Rico, the District of Columbia,

14 and any territory or possession of the United States,

15 including the Virgin Islands.

16 ‘‘(17) SANCTIONING ORGANIZATION.—The term

17 ‘sanctioning organization’ means an organization,

18 other than a boxing commission, that sanctions pro19 fessional boxing matches, ranks professional boxers,

20 or charges a sanctioning fee for professional boxing

21 matches in the United States—

22 ‘‘(A) between boxers who are residents of

23 different States; or
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1 ‘‘(B) that are advertised, otherwise pro2 moted, or broadcast (including closed circuit

3 television) in interstate commerce.

4 ‘‘(18) SUSPENSION.—The term ‘suspension’ in5 cludes within its meaning the temporary revocation

6 of a boxing license.

7 ‘‘(19) TRIBAL ORGANIZATION.—The term ‘trib8 al organization’ has the same meaning as in section

9 4(l) of the Indian Self-Determination and Education

10 Assistance Act (25 U.S.C. 450b(l)).’’.

11 (b) CONFORMING AMENDMENT.—Section 21 (15

12 U.S.C. 6312) is amended to read as follows:

13 ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED

14 ON INDIAN LANDS.

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of law, a tribal organization may establish a boxing

17 commission to regulate professional boxing matches held

18 on Indian land under the jurisdiction of that tribal organi19 zation.

20 ‘‘(b) STANDARDS AND LICENSING.—A tribal organi21 zation that establishes a boxing commission shall, by tribal

22 ordinance or resolution, establish and provide for the im23 plementation of health and safety standards, licensing re24 quirements, and other requirements relating to the con-
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1 duct of professional boxing matches that are at least as

2 restrictive as—

3 ‘‘(1) the otherwise applicable requirements of

4 the State in which the Indian land on which the pro5 fessional boxing match is held is located; or

6 ‘‘(2) the guidelines established by the United

7 States Boxing Commission.

8 ‘‘(c) APPLICATION OF ACT TO BOXING MATCHES ON

9 TRIBAL LANDS.—The provisions of this Act apply to pro10 fessional boxing matches held on tribal lands to the same

11 extent and in the same way as they apply to professional

12 boxing matches held in any State.’’.

13 SEC. 4. PURPOSES.

14 Section 3(2) (15 U.S.C. 6302(2)) is amended by

15 striking ‘‘State’’.

16 SEC. 5. UNITED STATES BOXING COMMISSION APPROVAL,

17 OR ABC OR COMMISSION SANCTION, RE18 QUIRED FOR MATCHES.

19 (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) is

20 amended to read as follows:

21 ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

22 ‘‘(a) IN GENERAL.—No person may arrange, pro23 mote, organize, produce, or fight in a professional boxing

24 match within the United States unless the match—

25 ‘‘(1) is approved by the Commission; and
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1 ‘‘(2) is held in a State, or on tribal land of a

2 tribal organization, that regulates professional box3 ing matches in accordance with standards and cri4 teria established by the Commission.

5 ‘‘(b) APPROVAL PRESUMED.—

6 ‘‘(1) IN GENERAL.—For purposes of subsection

7 (a), the Commission shall be presumed to have ap8 proved any match other than—

9 ‘‘(A) a match with respect to which the

10 Commission has been informed of an alleged

11 violation of this Act and with respect to which

12 it has notified the supervising boxing commis13 sion that it does not approve;

14 ‘‘(B) a match advertised to the public as a

15 championship match;

16 ‘‘(C) a match scheduled for 10 rounds or

17 more; or

18 ‘‘(D) a match in which 1 of the boxers

19 has—

20 ‘‘(i) suffered 10 consecutive defeats in

21 professional boxing matches; or

22 ‘‘(ii) has been knocked out 5 consecu23 tive times in professional boxing matches.

24 ‘‘(2) DELEGATION OF APPROVAL AUTHORITY.—

25 Notwithstanding paragraph (1), the Commission
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1 shall be presumed to have approved a match de2 scribed in subparagraph (B), (C), or (D) of para3 graph (1) if—

4 ‘‘(A) the Commission has delegated its ap5 proval authority with respect to that match to

6 a boxing commission; and

7 ‘‘(B) the boxing commission has approved

8 the match.

9 ‘‘(3) KNOCKED-OUT DEFINED.—Except as may

10 be otherwise provided by the Commission by rule, in

11 paragraph (1)(D)(ii), the term ‘knocked out’ means

12 knocked down and unable to continue after a count

13 of 10 by the referee or stopped from continuing be14 cause of a technical knockout.’’.

15 (b) CONFORMING AMENDMENT.—Section 19 (15

16 U.S.C. 6310) is repealed.

17 SEC. 6. SAFETY STANDARDS.

18 Section 5 (15 U.S.C. 6304) is amended—

19 (1) by striking ‘‘requirements or an alternative

20 requirement in effect under regulations of a boxing

21 commission that provides equivalent protection of

22 the health and safety of boxers:’’ and inserting ‘‘re23 quirements:’’;

24 (2) by adding at the end of paragraph (1) ‘‘The

25 examination shall include testing for infectious dis-
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1 eases in accordance with standards established by

2 the Commission.’’;

3 (3) by striking paragraph (2) and inserting the

4 following:

5 ‘‘(2) An ambulance continuously present on

6 site.’’;

7 (4) by redesignating paragraphs (3) and (4) as

8 paragraphs (4) and (5), respectively, and inserting

9 after paragraph (2) the following:

10 ‘‘(3) Emergency medical personnel with appro11 priate resuscitation equipment continuously present

12 on site.’’; and

13 (5) by striking ‘‘match.’’ in paragraph (5), as

14 redesignated, and inserting ‘‘match in an amount

15 prescribed by the Commission.’’.

16 SEC. 7. REGISTRATION.

17 Section 6 (15 U.S.C. 6305) is amended—

18 (1) by inserting ‘‘or Indian tribe’’ after ‘‘State’’

19 the second place it appears in subsection (a)(2);

20 (2) by striking the first sentence of subsection

21 (c) and inserting ‘‘A boxing commission shall, in ac22 cordance with requirements established by the Com23 mission, make a health and safety disclosure to a

24 boxer when issuing an identification card to that

25 boxer.’’;
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1 (3) by striking ‘‘should’’ in the second sentence

2 of subsection (c) and inserting ‘‘shall, at a min3 imum,’’; and

4 (4) by adding at the end the following:

5 ‘‘(d) COPY OF REGISTRATION AND IDENTIFICATION

6 CARDS TO BE SENT TO COMMISSION.—A boxing commis7 sion shall furnish a copy of each registration received

8 under subsection (a), and each identification card issued

9 under subsection (b), to the Commission.’’.

10 SEC. 8. REVIEW.

11 Section 7 (15 U.S.C. 6306) is amended—

12 (1) by striking ‘‘that, except as provided in sub13 section (b), no’’ in subsection (a)(2) and inserting

14 ‘‘that no’’;

15 (2) by striking paragraphs (3) and (4) of sub16 section (a) and inserting the following:

17 ‘‘(3) Procedures to review a summary suspen18 sion when a hearing before the boxing commission is

19 requested by a boxer, licensee, manager, match20 maker, promoter, or other boxing service provider

21 which provides an opportunity for that person to

22 present evidence.’’;

23 (3) by striking subsection (b); and

24 (4) by striking ‘‘(a) PROCEDURES.—’’.
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1 SEC. 9. REPORTING.

2 Section 8 (15 U.S.C. 6307) is amended—

3 (1) by striking ‘‘48 business hours’’ and insert4 ing ‘‘2 business days’’;

5 (2) by striking ‘‘bxoing’’ and inserting ‘‘box6 ing’’; and

7 (3) by striking ‘‘each boxer registry.’’ and in8 serting ‘‘the Commission.’’.

9 SEC. 10. CONTRACT REQUIREMENTS.

10 Section 9 (15 U.S.C. 6307a) is amended to read as

11 follows:

12 ‘‘SEC. 9. CONTRACT REQUIREMENTS.

13 ‘‘(a) IN GENERAL.—The Commission, in consultation

14 with the Association of Boxing Commissions, shall develop

15 guidelines for minimum contractual provisions that shall

16 be included in each bout agreement, boxer-manager con17 tract, and promotional agreement. Each boxing commis18 sion shall ensure that these minimal contractual provisions

19 are present in any such agreement or contract submitted

20 to it.

21 ‘‘(b) FILING AND APPROVAL REQUIREMENTS.—

22 ‘‘(1) COMMISSION.—A manager or promoter

23 shall submit a copy of each boxer-manager contract

24 and each promotional agreement between that man25 ager or promoter and a boxer to the Commission,
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1 and, if requested, to the boxing commission with ju2 risdiction over the bout.

3 ‘‘(2) BOXING COMMISSION.—A boxing commis4 sion may not approve a professional boxing match

5 unless a copy of the bout agreement related to that

6 match has been filed with it and approved by it.

7 ‘‘(c) BOND OR OTHER SURETY.—A boxing commis8 sion may not approve a professional boxing match unless

9 the promoter of that match has posted a surety bond,

10 cashier’s check, letter of credit, cash, or other security

11 with the boxing commission in an amount acceptable to

12 the boxing commission.’’.

13 SEC. 11. COERCIVE CONTRACTS.

14 Section 10 (15 U.S.C. 6307b) is amended—

15 (1) by striking paragraph (3) of subsection (a);

16 (2) by inserting ‘‘OR ELIMINATION’’ after ‘‘MAN17 DATORY’’ in the heading of subsection (b); and

18 (3) by inserting ‘‘or elimination’’ after ‘‘manda19 tory’’ in subsection (b).

20 SEC. 12. SANCTIONING ORGANIZATIONS.

21 (a) IN GENERAL.—Section 11 (15 U.S.C. 6307c) is

22 amended to read as follows:

23 ‘‘SEC. 11. SANCTIONING ORGANIZATIONS.

24 ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year after the

25 date of enactment of the Professional Boxing Amendments
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1 Act of 2005, the Commission shall develop guidelines for

2 objective and consistent written criteria for the rating of

3 professional boxers based on the athletic merits and pro4 fessional record of the boxers. Within 90 days after the

5 Commission’s promulgation of the guidelines, each sanc6 tioning organization shall adopt the guidelines and follow

7 them.

8 ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A

9 sanctioning organization shall, with respect to a change

10 in the rating of a boxer previously rated by such organiza11 tion in the top 10 boxers—

12 ‘‘(1) post a copy, within 7 days after the

13 change, on its Internet website or home page, if any,

14 including an explanation of the change, for a period

15 of not less than 30 days;

16 ‘‘(2) provide a copy of the rating change and a

17 thorough explanation in writing under penalty of

18 perjury to the boxer and the Commission;

19 ‘‘(3) provide the boxer an opportunity to appeal

20 the ratings change to the sanctioning organization;

21 and

22 ‘‘(4) apply the objective criteria for ratings re23 quired under subsection (a) in considering any such

24 appeal.
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1 ‘‘(c) CHALLENGE OF RATING.—If, after disposing

2 with an appeal under subsection (b)(3), a sanctioning or3 ganization receives a petition from a boxer challenging

4 that organization’s rating of the boxer, it shall (except to

5 the extent otherwise required by the Commission), within

6 7 days after receiving the petition—

7 ‘‘(1) provide to the boxer a written explanation

8 under penalty of perjury of the organization’s rating

9 criteria, its rating of the boxer, and the rationale or

10 basis for its rating (including a response to any spe11 cific questions submitted by the boxer); and

12 ‘‘(2) submit a copy of its explanation to the As13 sociation of Boxing Commissions and the Commis14 sion for their review.’’.

15 (b) CONFORMING AMENDMENTS.—Section 18(e) (15

16 U.S.C. 6309(e)) is amended—

17 (1) by striking ‘‘FEDERAL TRADE COMMIS18 SION,’’ in the subsection heading and inserting

19 ‘‘UNITED STATES BOXING COMMISSION’’; and

20 (2) by striking ‘‘Federal Trade Commission,’’ in

21 paragraph (1) and inserting ‘‘United States Boxing

22 Commission,’’.

23 SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGA24 NIZATIONS.

25 Section 12 (15 U.S.C. 6307d) is amended—
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1 (1) by striking the matter preceding paragraph

2 (1) and inserting ‘‘Within 7 days after a professional

3 boxing match of 10 rounds or more, the sanctioning

4 organization, if any, for that match shall provide to

5 the Commission, and, if requested, to the boxing

6 commission in the State or on Indian land respon7 sible for regulating the match, a written statement

8 of—’’;

9 (2) by striking ‘‘will assess’’ in paragraph (1)

10 and inserting ‘‘has assessed, or will assess,’’; and

11 (3) by striking ‘‘will receive’’ in paragraph (2)

12 and inserting ‘‘has received, or will receive,’’.

13 SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND

14 BROADCASTERS.

15 Section 13 (15 U.S.C. 6307e) is amended—

16 (1) by striking ‘‘PROMOTERS.’’ in the sec17 tion caption and inserting ‘‘PROMOTERS AND

18 BROADCASTERS.’’;

19 (2) by striking so much of subsection (a) as

20 precedes paragraph (1) and inserting the following:

21 ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS AND

22 THE COMMISSION.—Within 7 days after a professional

23 boxing match of 10 rounds or more, the promoter of any

24 boxer participating in that match shall provide to the

25 Commission, and, if requested, to the boxing commission
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1 in the State or on Indian land responsible for regulating

2 the match—’’;

3 (3) by striking ‘‘writing,’’ in subsection (a)(1)

4 and inserting ‘‘writing, other than a bout agreement

5 previously provided to the commission,’’;

6 (4) by striking ‘‘all fees, charges, and expenses

7 that will be’’ in subsection (a)(3)(A) and inserting

8 ‘‘a written statement of all fees, charges, and ex9 penses that have been, or will be,’’;

10 (5) by inserting ‘‘a written statement of’’ before

11 ‘‘all’’ in subsection (a)(3)(B);

12 (6) by inserting ‘‘a statement of’’ before ‘‘any’’

13 in subsection (a)(3)(C);

14 (7) by striking the matter in subsection (b) fol15 lowing ‘‘BOXER.—’’ and preceding paragraph (1)

16 and inserting ‘‘Within 7 days after a professional

17 boxing match of 10 rounds or more, the promoter of

18 the match shall provide to each boxer participating

19 in the bout or match with whom the promoter has

20 a bout or promotional agreement a statement

21 of—’’;

22 (8) by striking ‘‘match;’’ in subsection (b)(1)

23 and inserting ‘‘match, and that the promoter has

24 paid, or agreed to pay, to any other person in con25 nection with the match;’’; and
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1 (9) by adding at the end the following:

2 ‘‘(d) REQUIRED DISCLOSURES BY BROADCASTERS.—

3 ‘‘(1) IN GENERAL.—A broadcaster that owns

4 the television broadcast rights for a professional box5 ing match of 10 rounds or more shall, within 7 days

6 after that match, provide to the Commission—

7 ‘‘(A) a statement of any advance, guar8 antee, or license fee paid or owed by the broad9 caster to a promoter in connection with that

10 match;

11 ‘‘(B) a copy of any contract executed by or

12 on behalf of the broadcaster with—

13 ‘‘(i) a boxer who participated in that

14 match; or

15 ‘‘(ii) the boxer’s manager, promoter,

16 promotional company, or other representa17 tive or the owner or representative of the

18 site of the match; and

19 ‘‘(C) a list identifying sources of income

20 received from the broadcast of the match.

21 ‘‘(2) COPY TO BOXING COMMISSION.—Upon re22 quest from the boxing commission in the State or

23 Indian land responsible for regulating a match to

24 which paragraph (1) applies, a broadcaster shall
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1 provide the information described in paragraph (1)

2 to that boxing commission.

3 ‘‘(3) CONFIDENTIALITY.—The information pro4 vided to the Commission or to a boxing commission

5 pursuant to this subsection shall be confidential and

6 not revealed by the Commission or a boxing commis7 sion, except that the Commission may publish an

8 analysis of the data in aggregate form or in a man9 ner which does not disclose confidential information

10 about identifiable broadcasters.

11 ‘‘(4) TELEVISION BROADCAST RIGHTS.—In

12 paragraph (1), the term ‘television broadcast rights’

13 means the right to broadcast the match, or any part

14 thereof, via a broadcast station, cable service, or

15 multichannel video programming distributor as such

16 terms are defined in section 3(5), 602(6), and

17 602(13) of the Communications Act of 1934 (47

18 U.S.C. 153(5), 602(6), and 602(13), respectively).’’.

19 SEC. 15. JUDGES AND REFEREES.

20 (a) IN GENERAL.—Section 16 (15 U.S.C. 6307h) is

21 amended—

22 (1) by inserting ‘‘(a) LICENSING AND ASSIGN23 MENT REQUIREMENT.—’’ before ‘‘No person’’;

24 (2) by striking ‘‘certified and approved’’ and in25 serting ‘‘selected’’;
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1 (3) by inserting ‘‘or Indian lands’’ after

2 ‘‘State’’; and

3 (4) by adding at the end the following:

4 ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.—In ad5 dition to the requirements of subsection (a), no person

6 may arrange, promote, organize, produce, or fight in a

7 professional boxing match advertised to the public as a

8 championship match or in a professional boxing match

9 scheduled for 10 rounds or more unless all referees and

10 judges participating in the match have been licensed by

11 the Commission.

12 ‘‘(c) ROLE OF SANCTIONING ORGANIZATION.—A

13 sanctioning organization may provide a list of judges and

14 referees deemed qualified by that organization to a boxing

15 commission, but the boxing commission shall select, li16 cense, and appoint the judges and referees participating

17 in the match.

18 ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES AND

19 REFEREES.—A boxing commission may assign judges and

20 referees who reside outside that commission’s State or In21 dian land.

22 ‘‘(e) REQUIRED DISCLOSURE.—A judge or referee

23 shall provide to the boxing commission responsible for reg24 ulating a professional boxing match in a State or on In25 dian land a statement of all consideration, including reim-
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1 bursement for expenses, that the judge or referee has re2 ceived, or will receive, from any source for participation

3 in the match. If the match is scheduled for 10 rounds or

4 more, the judge or referee shall also provide such a state5 ment to the Commission.’’.

6 (b) CONFORMING AMENDMENT.—Section 14 (15

7 U.S.C. 6307f) is repealed.

8 SEC. 16. MEDICAL REGISTRY.

9 The Act is amended by inserting after section 13 (15

10 U.S.C. 6307e) the following:

11 ‘‘SEC. 14. MEDICAL REGISTRY.

12 ‘‘(a) IN GENERAL.—The Commission shall establish

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

14 and maintain, a medical registry that contains comprehen15 sive medical records and medical denials or suspensions

16 for every licensed boxer.

17 ‘‘(b) CONTENT; SUBMISSION.—The Commission shall

18 determine—

19 ‘‘(1) the nature of medical records and medical

20 suspensions of a boxer that are to be forwarded to

21 the medical registry; and

22 ‘‘(2) the time within which the medical records

23 and medical suspensions are to be submitted to the

24 medical registry.
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1 ‘‘(c) CONFIDENTIALITY.—The Commission shall es2 tablish confidentiality standards for the disclosure of per3 sonally identifiable information to boxing commissions

4 that will—

5 ‘‘(1) protect the health and safety of boxers by

6 making relevant information available to the boxing

7 commissions for use but not public disclosure; and

8 ‘‘(2) ensure that the privacy of the boxers is

9 protected.’’.

10 SEC. 17. CONFLICTS OF INTEREST.

11 Section 17 (15 U.S.C. 6308) is amended—

12 (1) by striking ‘‘enforces State boxing laws,’’ in

13 subsection (a) and inserting ‘‘implements State or

14 tribal boxing laws, no officer or employee of the

15 Commission,’’;

16 (2) by striking ‘‘belong to,’’ and inserting ‘‘hold

17 office in,’’ in subsection (a);

18 (3) by striking the last sentence of subsection

19 (a); and

20 (4) by striking subsection (b) and inserting the

21 following:

22 ‘‘(b) BOXERS.—A boxer may not own or control, di23 rectly or indirectly, an entity that promotes the boxer’s

24 bouts if that entity is responsible for—
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1 ‘‘(1) executing a bout agreement or promotional

2 agreement with the boxer’s opponent; or

3 ‘‘(2) providing any payment or other compensa4 tion to—

5 ‘‘(A) the boxer’s opponent for participation

6 in a bout with the boxer;

7 ‘‘(B) the boxing commission that will regu8 late the bout; or

9 ‘‘(C) ring officials who officiate at the

10 bout.’’.

11 SEC. 18. ENFORCEMENT.

12 Section 18 (15 U.S.C. 6309) is amended—

13 (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub14 section (a) and inserting ‘‘(a) ACTIONS BY ATTOR15 NEY GENERAL.—’’;

16 (2) by inserting ‘‘any officer or employee of the

17 Commission,’’ after ‘‘laws,’’ in subsection (b)(3);

18 (3) by inserting ‘‘has engaged in or’’ after ‘‘or19 ganization’’ in subsection (c);

20 (4) by striking ‘‘subsection (b)’’ in subsection

21 (c)(3) and inserting ‘‘subsection (b), a civil penalty,

22 or’’; and

23 (5) by striking ‘‘boxer’’ in subsection (d) and

24 inserting ‘‘person’’.
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1 SEC. 19. REPEAL OF DEADWOOD.

2 Section 20 (15 U.S.C. 6311) is repealed.

3 SEC. 20. RECOGNITION OF TRIBAL LAW.

4 Section 22 (15 U.S.C. 6313) is amended—

5 (1) by inserting ‘‘OR TRIBAL’’ in the section

6 heading after ‘‘STATE’’; and

7 (2) by inserting ‘‘or Indian tribe’’ after

8 ‘‘State’’.

9 SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COM10 MISSION.

11 (a) IN GENERAL.—The Act is amended by adding at

12 the end the following:

13 ‘‘TITLE II—UNITED STATES

14 BOXING COMMISSION

15 ‘‘SEC. 201. PURPOSE.

16 ‘‘The purpose of this title is to protect the health,

17 safety, and welfare of boxers and to ensure fairness in the

18 sport of professional boxing.

19 ‘‘SEC. 202. UNITED STATES BOXING COMMISSION.

20 ‘‘(a) IN GENERAL.—The United States Boxing Com21 mission is established as a commission within the Depart22 ment of Commerce.

23 ‘‘(b) MEMBERS.—

24 ‘‘(1) IN GENERAL.—The Commission shall con25 sist of 3 members appointed by the President, by

26 and with the advice and consent of the Senate.
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1 ‘‘(2) QUALIFICATIONS.—

2 ‘‘(A) IN GENERAL.—Each member of the

3 Commission shall be a citizen of the United

4 States who—

5 ‘‘(i) has extensive experience in pro6 fessional boxing activities or in a field di7 rectly related to professional sports;

8 ‘‘(ii) is of outstanding character and

9 recognized integrity; and

10 ‘‘(iii) is selected on the basis of train11 ing, experience, and qualifications and

12 without regard to political party affiliation.

13 ‘‘(B) SPECIFIC QUALIFICATIONS FOR CER14 TAIN MEMBERS.—At least 1 member of the

15 Commission shall be a former member of a local

16 boxing authority. If practicable, at least 1 mem17 ber of the Commission shall be a physician or

18 other health care professional duly licensed as

19 such.

20 ‘‘(C) DISINTERESTED PERSONS.—No

21 member of the Commission may, while serving

22 as a member of the Commission—

23 ‘‘(i) be engaged as a professional

24 boxer, boxing promoter, agent, fight man25 ager, matchmaker, referee, judge, or in any
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1 other capacity in the conduct of the busi2 ness of professional boxing;

3 ‘‘(ii) have any pecuniary interest in

4 the earnings of any boxer or the proceeds

5 or outcome of any boxing match; or

6 ‘‘(iii) serve as a member of a boxing

7 commission.

8 ‘‘(3) BIPARTISAN MEMBERSHIP.—Not more

9 than 2 members of the Commission may be members

10 of the same political party.

11 ‘‘(4) GEOGRAPHIC BALANCE.—Not more than 2

12 members of the Commission may be residents of the

13 same geographic region of the United States when

14 appointed to the Commission. For purposes of the

15 preceding sentence, the area of the United States

16 east of the Mississippi River is a geographic region,

17 and the area of the United States west of the Mis18 sissippi River is a geographic region.

19 ‘‘(5) TERMS.—

20 ‘‘(A) IN GENERAL.—The term of a mem21 ber of the Commission shall be 3 years.

22 ‘‘(B) REAPPOINTMENT.—Members of the

23 Commission may be reappointed to the Com24 mission.
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1 ‘‘(C) MIDTERM VACANCIES.—A member of

2 the Commission appointed to fill a vacancy in

3 the Commission occurring before the expiration

4 of the term for which the member’s predecessor

5 was appointed shall be appointed for the re6 mainder of that unexpired term.

7 ‘‘(D) CONTINUATION PENDING REPLACE8 MENT.—A member of the Commission may

9 serve after the expiration of that member’s

10 term until a successor has taken office.

11 ‘‘(6) REMOVAL.—A member of the Commission

12 may be removed by the President only for cause.

13 ‘‘(c) EXECUTIVE DIRECTOR.—

14 ‘‘(1) IN GENERAL.—The Commission shall em15 ploy an Executive Director to perform the adminis16 trative functions of the Commission under this Act,

17 and such other functions and duties of the Commis18 sion as the Commission shall specify.

19 ‘‘(2) DISCHARGE OF FUNCTIONS.—Subject to

20 the authority, direction, and control of the Commis21 sion the Executive Director shall carry out the func22 tions and duties of the Commission under this Act.

23 ‘‘(d) GENERAL COUNSEL.—The Commission shall

24 employ a General Counsel to provide legal counsel and ad25 vice to the Executive Director and the Commission in the
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1 performance of its functions under this Act, and to carry

2 out such other functions and duties as the Commission

3 shall specify.

4 ‘‘(e) STAFF.—The Commission shall employ such ad5 ditional staff as the Commission considers appropriate to

6 assist the Executive Director and the General Counsel in

7 carrying out the functions and duties of the Commission

8 under this Act.

9 ‘‘(f) COMPENSATION.—

10 ‘‘(1) MEMBERS OF COMMISSION.—

11 ‘‘(A) IN GENERAL.—Each member of the

12 Commission shall be compensated at a rate

13 equal to the daily equivalent of the annual rate

14 of basic pay prescribed for level IV of the Exec15 utive Schedule under section 5315 of title 5,

16 United States Code, for each day (including

17 travel time) during which such member is en18 gaged in the performance of the duties of the

19 Commission.

20 ‘‘(B) TRAVEL EXPENSES.—The members

21 of the Commission shall be allowed travel ex22 penses, including per diem in lieu of subsist23 ence, at rates authorized for employees of agen24 cies under subchapter I of chapter 57 of title 5,

25 United States Code, while away from their
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1 homes or regular places of business in the per2 formance of services for the Commission.

3 ‘‘(2) EXECUTIVE DIRECTOR AND STAFF.—The

4 Commission shall fix the compensation of the Execu5 tive Director, the General Counsel, and other per6 sonnel of the Commission. The rate of pay for the

7 Executive Director, the General Counsel, and other

8 personnel may not exceed the rate payable for level

9 V of the Executive Schedule under section 5316 of

10 title 5, United States Code.

11 ‘‘SEC. 203. FUNCTIONS.

12 ‘‘(a) PRIMARY FUNCTIONS.—The primary functions

13 of the Commission are—

14 ‘‘(1) to protect the health, safety, and general

15 interests of boxers consistent with the provisions of

16 this Act; and

17 ‘‘(2) to ensure uniformity, fairness, and integ18 rity in professional boxing.

19 ‘‘(b) SPECIFIC FUNCTIONS.—The Commission

20 shall—

21 ‘‘(1) administer title I of this Act;

22 ‘‘(2) promulgate uniform standards for profes23 sional boxing in consultation with the Association of

24 Boxing Commissions;
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1 ‘‘(3) except as otherwise determined by the

2 Commission, oversee all professional boxing matches

3 in the United States;

4 ‘‘(4) work with the boxing commissions of the

5 several States and tribal organizations—

6 ‘‘(A) to improve the safety, integrity, and

7 professionalism of professional boxing in the

8 United States;

9 ‘‘(B) to enhance physical, medical, finan10 cial, and other safeguards established for the

11 protection of professional boxers; and

12 ‘‘(C) to improve the status and standards

13 of professional boxing in the United States;

14 ‘‘(5) ensure, in cooperation with the Attorney

15 General (who shall represent the Commission in any

16 judicial proceeding under this Act), the chief law en17 forcement officer of the several States, and other ap18 propriate officers and agencies of Federal, State,

19 and local government, that Federal and State laws

20 applicable to professional boxing matches in the

21 United States are vigorously, effectively, and fairly

22 enforced;

23 ‘‘(6) review boxing commission regulations for

24 professional boxing and provide assistance to such
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1 authorities in meeting minimum standards pre2 scribed by the Commission under this title;

3 ‘‘(7) serve as the coordinating body for all ef4 forts in the United States to establish and maintain

5 uniform minimum health and safety standards for

6 professional boxing;

7 ‘‘(8) if the Commission determines it to be ap8 propriate, publish a newspaper, magazine, or other

9 publication and establish and maintain a website

10 consistent with the purposes of the Commission;

11 ‘‘(9) procure the temporary and intermittent

12 services of experts and consultants to the extent au13 thorized by section 3109(b) of title 5, United States

14 Code, at rates the Commission determines to be rea15 sonable; and

16 ‘‘(10) promulgate rules, regulations, and guid17 ance, and take any other action necessary and prop18 er to accomplish the purposes of, and consistent

19 with, the provisions of this title.

20 ‘‘(c) PROHIBITIONS.—The Commission may not—

21 ‘‘(1) promote boxing events or rank professional

22 boxers; or

23 ‘‘(2) provide technical assistance to, or author24 ize the use of the name of the Commission by, box-
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1 ing commissions that do not comply with require2 ments of the Commission.

3 ‘‘(d) USE OF NAME.—The Commission shall have the

4 exclusive right to use the name ‘United States Boxing

5 Commission’. Any person who, without the permission of

6 the Commission, uses that name or any other exclusive

7 name, trademark, emblem, symbol, or insignia of the Com8 mission for the purpose of inducing the sale or exchange

9 of any goods or services, or to promote any exhibition, per10 formance, or sporting event, shall be subject to suit in a

11 civil action by the Commission for the remedies provided

12 in the Act of July 5, 1946 (commonly known as the

13 ‘Trademark Act of 1946’; 15 U.S.C. 1051 et seq.).

14 ‘‘SEC. 204. LICENSING AND REGISTRATION OF BOXING PER15 SONNEL.

16 ‘‘(a) LICENSING.—

17 ‘‘(1) REQUIREMENT FOR LICENSE.—No person

18 may compete in a professional boxing match or serve

19 as a boxing manager, boxing promoter, or sanc20 tioning organization for a professional boxing match

21 except as provided in a license granted to that per22 son under this subsection.

23 ‘‘(2) APPLICATION AND TERM.—

24 ‘‘(A) IN GENERAL.—The Commission

25 shall—
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1 ‘‘(i) establish application procedures,

2 forms, and fees;

3 ‘‘(ii) establish and publish appropriate

4 standards for licenses granted under this

5 section; and

6 ‘‘(iii) issue a license to any person

7 who, as determined by the Commission,

8 meets the standards established by the

9 Commission under this title.

10 ‘‘(B) DURATION.—A license issued under

11 this section shall be for a renewable—

12 ‘‘(i) 4-year term for a boxer; and

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

14 ‘‘(C) PROCEDURE.—The Commission may

15 issue a license under this paragraph through

16 boxing commissions or in a manner determined

17 by the Commission.

18 ‘‘(b) LICENSING FEES.—

19 ‘‘(1) AUTHORITY.—The Commission may pre20 scribe and charge reasonable fees for the licensing of

21 persons under this title. The Commission may set,

22 charge, and adjust varying fees on the basis of clas23 sifications of persons, functions, and events deter24 mined appropriate by the Commission.
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1 ‘‘(2) LIMITATIONS.—In setting and charging

2 fees under paragraph (1), the Commission shall en3 sure that, to the maximum extent practicable—

4 ‘‘(A) club boxing is not adversely effected;

5 ‘‘(B) sanctioning organizations and pro6 moters pay comparatively the largest portion of

7 the fees; and

8 ‘‘(C) boxers pay as small a portion of the

9 fees as is possible.

10 ‘‘(3) COLLECTION.—Fees established under this

11 subsection may be collected through boxing commis12 sions or by any other means determined appropriate

13 by the Commission.

14 ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

15 ‘‘(a) REQUIREMENT FOR REGISTRY.—The Commis16 sion shall establish and maintain (or authorize a third

17 party to establish and maintain) a unified national com18 puterized registry for the collection, storage, and retrieval

19 of information related to the performance of its duties.

20 ‘‘(b) CONTENTS.—The information in the registry

21 shall include the following:

22 ‘‘(1) BOXERS.—A list of professional boxers

23 and data in the medical registry established under

24 section 114 of this Act, which the Commission shall
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1 secure from disclosure in accordance with the con2 fidentiality requirements of section 114(c).

3 ‘‘(2) OTHER PERSONNEL.—Information (perti4 nent to the sport of professional boxing) on boxing

5 promoters, boxing matchmakers, boxing managers,

6 trainers, cut men, referees, boxing judges, physi7 cians, and any other personnel determined by the

8 Commission as performing a professional activity for

9 professional boxing matches.

10 ‘‘SEC. 206. CONSULTATION REQUIREMENTS.

11 ‘‘The Commission shall consult with the Association

12 of Boxing Commissions—

13 ‘‘(1) before prescribing any regulation or estab14 lishing any standard under the provisions of this

15 title; and

16 ‘‘(2) not less than once each year regarding

17 matters relating to professional boxing.

18 ‘‘SEC. 207. MISCONDUCT.

19 ‘‘(a) SUSPENSION AND REVOCATION OF LICENSE OR

20 REGISTRATION.—

21 ‘‘(1) AUTHORITY.—The Commission may, after

22 notice and opportunity for a hearing, suspend or re23 voke any license issued under this title if the Com24 mission finds that—
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1 ‘‘(A) the license holder has violated any

2 provision of this Act;

3 ‘‘(B) there are reasonable grounds for be4 lief that a standard prescribed by the Commis5 sion under this title is not being met, or that

6 bribery, collusion, intentional losing, racket7 eering, extortion, or the use of unlawful threats,

8 coercion, or intimidation have occurred in con9 nection with a license; or

10 ‘‘(C) the suspension or revocation is nec11 essary for the protection of health and safety or

12 is otherwise in the public interest.

13 ‘‘(2) PERIOD OF SUSPENSION.—

14 ‘‘(A) IN GENERAL.—A suspension of a li15 cense under this section shall be effective for a

16 period determined appropriate by the Commis17 sion except as provided in subparagraph (B).

18 ‘‘(B) SUSPENSION FOR MEDICAL REA19 SONS.—In the case of a suspension or denial of

20 the license of a boxer for medical reasons by the

21 Commission, the Commission may terminate

22 the suspension or denial at any time that a phy23 sician certifies that the boxer is fit to partici24 pate in a professional boxing match. The Com25 mission shall prescribe the standards and proce-
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1 dures for accepting certifications under this

2 subparagraph.

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

4 a revocation of the license of a boxer, the revocation

5 shall be for a period of not less than 1 year.

6 ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.—

7 ‘‘(1) AUTHORITY.—The Commission may—

8 ‘‘(A) conduct any investigation that it con9 siders necessary to determine whether any per10 son has violated, or is about to violate, any pro11 vision of this Act or any regulation prescribed

12 under this Act;

13 ‘‘(B) require or permit any person to file

14 with it a statement in writing, under oath or

15 otherwise as the Commission shall determine,

16 as to all the facts and circumstances concerning

17 the matter to be investigated;

18 ‘‘(C) in its discretion, publish information

19 concerning any violations; and

20 ‘‘(D) investigate any facts, conditions,

21 practices, or matters to aid in the enforcement

22 of the provisions of this Act, in the prescribing

23 of regulations under this Act, or in securing in24 formation to serve as a basis for recommending
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1 legislation concerning the matters to which this

2 Act relates.

3 ‘‘(2) POWERS.—

4 ‘‘(A) IN GENERAL.—For the purpose of

5 any investigation under paragraph (1) or any

6 other proceeding under this title—

7 ‘‘(i) any officer designated by the

8 Commission may administer oaths and af9 firmations, subpoena or otherwise compel

10 the attendance of witnesses, take evidence,

11 and require the production of any books,

12 papers, correspondence, memoranda, or

13 other records the Commission considers

14 relevant or material to the inquiry; and

15 ‘‘(ii) the provisions of sections 6002

16 and 6004 of title 18, United States Code,

17 shall apply.

18 ‘‘(B) WITNESSES AND EVIDENCE.—The

19 attendance of witnesses and the production of

20 any documents under subparagraph (A) may be

21 required from any place in the United States,

22 including Indian land, at any designated place

23 of hearing.

24 ‘‘(3) ENFORCEMENT OF SUBPOENAS.—
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1 ‘‘(A) CIVIL ACTION.—In case of contumacy

2 by, or refusal to obey a subpoena issued to, any

3 person, the Commission may file an action in

4 any district court of the United States within

5 the jurisdiction of which an investigation or

6 proceeding is carried out, or where that person

7 resides or carries on business, to enforce the at8 tendance and testimony of witnesses and the

9 production of books, papers, correspondence,

10 memorandums, and other records. The court

11 may issue an order requiring the person to ap12 pear before the Commission to produce records,

13 if so ordered, or to give testimony concerning

14 the matter under investigation or in question.

15 ‘‘(B) FAILURE TO OBEY.—Any failure to

16 obey an order issued by a court under subpara17 graph (A) may be punished as contempt of that

18 court.

19 ‘‘(C) PROCESS.—All process in any con20 tempt case under subparagraph (A) may be

21 served in the judicial district in which the per22 son is an inhabitant or in which the person may

23 be found.

24 ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.—
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1 ‘‘(A) IN GENERAL.—No person may be ex2 cused from attending and testifying or from

3 producing books, papers, contracts, agreements,

4 and other records and documents before the

5 Commission, in obedience to the subpoena of

6 the Commission, or in any cause or proceeding

7 instituted by the Commission, on the ground

8 that the testimony or evidence, documentary or

9 otherwise, required of that person may tend to

10 incriminate the person or subject the person to

11 a penalty or forfeiture.

12 ‘‘(B) LIMITED IMMUNITY.—No individual

13 may be prosecuted or subject to any penalty or

14 forfeiture for, or on account of, any transaction,

15 matter, or thing concerning the matter about

16 which that individual is compelled, after having

17 claimed a privilege against self-incrimination, to

18 testify or produce evidence, documentary or

19 otherwise, except that the individual so testi20 fying shall not be exempt from prosecution and

21 punishment for perjury committed in so testi22 fying.

23 ‘‘(5) INJUNCTIVE RELIEF.—If the Commission

24 determines that any person is engaged or about to

25 engage in any act or practice that constitutes a vio-
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1 lation of any provision of this Act, or of any regula2 tion prescribed under this Act, the Commission may

3 bring an action in the appropriate district court of

4 the United States, the United States District Court

5 for the District of Columbia, or the United States

6 courts of any territory or other place subject to the

7 jurisdiction of the United States, to enjoin the act

8 or practice, and upon a proper showing, the court

9 shall grant without bond a permanent or temporary

10 injunction or restraining order.

11 ‘‘(6) MANDAMUS.—Upon application of the

12 Commission, the district courts of the United States,

13 the United States District Court for the District of

14 Columbia, and the United States courts of any terri15 tory or other place subject to the jurisdiction of the

16 United States, shall have jurisdiction to issue writs

17 of mandamus commanding any person to comply

18 with the provisions of this Act or any order of the

19 Commission.

20 ‘‘(c) INTERVENTION IN CIVIL ACTIONS.—

21 ‘‘(1) IN GENERAL.—The Commission, on behalf

22 of the public interest, may intervene of right as pro23 vided under rule 24(a) of the Federal Rules of Civil

24 Procedure in any civil action relating to professional

25 boxing filed in a district court of the United States.
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1 ‘‘(2) AMICUS FILING.—The Commission may

2 file a brief in any action filed in a court of the

3 United States on behalf of the public interest in any

4 case relating to professional boxing.

5 ‘‘(d) HEARINGS BY COMMISSION.—Hearings con6 ducted by the Commission under this Act shall be public

7 and may be held before any officer of the Commission.

8 The Commission shall keep appropriate records of the

9 hearings.

10 ‘‘SEC. 208. NONINTERFERENCE WITH BOXING COMMIS11 SIONS.

12 ‘‘(a) NONINTERFERENCE.—Nothing in this Act pro13 hibits any boxing commission from exercising any of its

14 powers, duties, or functions with respect to the regulation

15 or supervision of professional boxing or professional box16 ing matches to the extent not inconsistent with the provi17 sions of this Act.

18 ‘‘(b) MINIMUM STANDARDS.—Nothing in this Act

19 prohibits any boxing commission from enforcing local

20 standards or requirements that exceed the minimum

21 standards or requirements promulgated by the Commis22 sion under this Act.

23 ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

24 ‘‘Any employee of any executive department, agency,

25 bureau, board, commission, office, independent establish-
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1 ment, or instrumentality may be detailed to the Commis2 sion, upon the request of the Commission, on a reimburs3 able or nonreimbursable basis, with the consent of the ap4 propriate authority having jurisdiction over the employee.

5 While so detailed, an employee shall continue to receive

6 the compensation provided pursuant to law for the employ7 ee’s regular position of employment and shall retain, with8 out interruption, the rights and privileges of that employ9 ment.

10 ‘‘SEC. 210. REPORTS.

11 ‘‘(a) ANNUAL REPORT.—The Commission shall sub12 mit a report on its activities to the Senate Committee on

13 Commerce, Science, and Transportation and the House of

14 Representatives Committee on Commerce each year. The

15 annual report shall include—

16 ‘‘(1) a detailed discussion of the activities of the

17 Commission for the year covered by the report; and

18 ‘‘(2) an overview of the licensing and enforce19 ment activities of the State and tribal organization

20 boxing commissions.

21 ‘‘(b) PUBLIC REPORT.—The Commission shall annu22 ally issue and publicize a report of the Commission on the

23 progress made at Federal and State levels and on Indian

24 lands in the reform of professional boxing, which shall in-
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1 clude comments on issues of continuing concern to the

2 Commission.

3 ‘‘(c) FIRST ANNUAL REPORT ON THE COMMIS4 SION.—The first annual report under this title shall be

5 submitted not later than 2 years after the effective date

6 of this title.

7 ‘‘SEC. 211. INITIAL IMPLEMENTATION.

8 ‘‘(a) TEMPORARY EXEMPTION.—The requirements

9 for licensing under this title do not apply to a person for

10 the performance of an activity as a boxer, boxing judge,

11 or referee, or the performance of any other professional

12 activity in relation to a professional boxing match, if the

13 person is licensed by a boxing commission to perform that

14 activity as of the effective date of this title.

15 ‘‘(b) EXPIRATION.—The exemption under subsection

16 (a) with respect to a license issued by a boxing commission

17 expires on the earlier of—

18 ‘‘(1) the date on which the license expires; or

19 ‘‘(2) the date that is 2 years after the date of

20 the enactment of the Professional Boxing Amend21 ments Act of 2005.

22 ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated for the Commission for each fiscal year such
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1 sums as may be necessary for the Commission to perform

2 its functions for that fiscal year.

3 ‘‘(b) RECEIPTS CREDITED AS OFFSETTING COLLEC4 TIONS.—Notwithstanding section 3302 of title 31, United

5 States Code, any fee collected under this title—

6 ‘‘(1) shall be credited as offsetting collections to

7 the account that finances the activities and services

8 for which the fee is imposed;

9 ‘‘(2) shall be available for expenditure only to

10 pay the costs of activities and services for which the

11 fee is imposed; and

12 ‘‘(3) shall remain available until expended.’’.

13 (b) CONFORMING AMENDMENTS.—

14 (1) PBSA.—The Professional Boxing Safety

15 Act of 1996, as amended by this Act, is further

16 amended—

17 (A) by amending section 1 to read as fol18 lows:

19 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

20 ‘‘(a) SHORT TITLE.—This Act may be cited as the

21 ‘Professional Boxing Safety Act’.

22 ‘‘(b) TABLE OF CONTENTS.—The table of contents

23 for this Act is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Definitions.

‘‘TITLE I—PROFESSIONAL BOXING SAFETY

‘‘Sec. 101. Purposes.
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‘‘Sec. 102. Approval or sanction requirement.

‘‘Sec. 103. Safety standards.

‘‘Sec. 104. Registration.

‘‘Sec. 105. Review.

‘‘Sec. 106. Reporting.

‘‘Sec. 107. Contract requirements.

‘‘Sec. 108. Protection from coercive contracts.

‘‘Sec. 109. Sanctioning organizations.

‘‘Sec. 110. Required disclosures to State boxing commissions by sanctioning organizations.

‘‘Sec. 111. Required disclosures by promoters and broadcasters.

‘‘Sec. 112. Medical registry.

‘‘Sec. 113. Confidentiality.

‘‘Sec. 114. Judges and referees.

‘‘Sec. 115. Conflicts of interest.

‘‘Sec. 116. Enforcement.

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

‘‘Sec. 118. Relationship with State or Tribal law.

‘‘TITLE II—UNITED STATES BOXING COMMISSION

‘‘Sec. 201. Purpose.

‘‘Sec. 202. United States Boxing Commission.

‘‘Sec. 203. Functions.

‘‘Sec. 204. Licensing and registration of boxing personnel.

‘‘Sec. 205. National registry of boxing personnel.

‘‘Sec. 206. Consultation requirements.

‘‘Sec. 207. Misconduct.

‘‘Sec. 208. Noninterference with boxing commissions.

‘‘Sec. 209. Assistance from other agencies.

‘‘Sec. 210. Reports.

‘‘Sec. 211. Initial implementation.

‘‘Sec. 212. Authorization of appropriations.’’;

1 (B) by inserting before section 3 the fol2 lowing:

3 ‘‘TITLE I—PROFESSIONAL

4 BOXING SAFETY’’;

5 (C) by redesignating sections 3, 4, 5, 6, 7,

6 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and

7 22 as sections 101 through 118, respectively;

8 (D) by striking subsection (a) of section

9 113, as redesignated, and inserting the fol10 lowing:
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1 ‘‘(a) IN GENERAL.—Except to the extent required in

2 a legal, administrative, or judicial proceeding, a boxing

3 commission, an Attorney General, or the Commission may

4 not disclose to the public any matter furnished by a pro5 moter under section 111.’’;

6 (E) by striking ‘‘section 13’’ in subsection

7 (b) of section 113, as redesignated, and insert8 ing ‘‘section 111’’;

9 (F) by striking ‘‘9(b), 10, 11, 12, 13, 14,

10 or 16,’’ in paragraph (1) of section 116(b), as

11 redesignated, and inserting ‘‘107, 108, 109,

12 110, 111, or 114,’’;

13 (G) by striking ‘‘9(b), 10, 11, 12, 13, 14,

14 or 16’’ in paragraph (2) of section 116(b), as

15 redesignated, and inserting ‘‘107, 108, 109,

16 110, 111, or 114’’;

17 (H) by striking ‘‘section 17(a)’’ in sub18 section (b)(3) of section 116, as redesignated,

19 and inserting ‘‘section 115(a)’’;

20 (I) by striking ‘‘section 10’’ in subsection

21 (e)(3) of section 116, as redesignated, and in22 serting ‘‘section 108’’; and

23 (J) by striking ‘‘of this Act’’ each place it

24 appears in sections 101 through 120, as redes25 ignated, and inserting ‘‘of this title’’.
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1 (2) COMPENSATION OF MEMBERS.—Section

2 5315 of title 5, United States Code, is amended by

3 adding at the end the following:

4 ‘‘Members of the United States Boxing Commis5 sion.’’.

6 SEC. 22. STUDY AND REPORT ON DEFINITION OF PRO7 MOTER.

8 (a) STUDY.—The United States Boxing Commission

9 shall conduct a study on how the term ‘‘promoter’’ should

10 be defined for purposes of the Professional Boxing Safety

11 Act.

12 (b) HEARINGS.—As part of that study, the Commis13 sion shall hold hearings and solicit testimony at those

14 hearings from boxers, managers, promoters, premium,

15 cable, and satellite program service providers, hotels, casi16 nos, resorts, and other commercial establishments that

17 host or sponsor professional boxing matches, and other in18 terested parties with respect to the definition of that term

19 as it is used in the Professional Boxing Safety Act.

20 (c) REPORT.—Not later than 12 months after the

21 date of the enactment of this Act, the Commission shall

22 submit to the Committee on Commerce, Science, and

23 Transportation of the Senate and the Committee on En24 ergy and Commerce of the House of Representatives a re-
†

50

S 148 ES

1 port on the study conducted under subsection (a). The re2 port shall—

3 (1) set forth a proposed definition of the term

4 ‘‘promoter’’ for purposes of the Professional Boxing

5 Safety Act; and

6 (2) describe the findings, conclusions, and ra7 tionale of the Commission for the proposed defini8 tion, together with any recommendations of the

9 Commission, based on the study.

10 SEC. 23. EFFECTIVE DATE.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), the amendments made by this Act shall take effect

13 on the date of enactment of this Act.

14 (b) 1-YEAR DELAY FOR CERTAIN TITLE II PROVI15 SIONS.—Sections 205 through 212 of the Professional

16 Boxing Safety Act of 1996, as added by section 21(a) of

17 this Act, shall take effect 1 year after the date of enact18 ment of this Act.

Passed the Senate May 9, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 148

AN ACT

To establish a United States Boxing Commission to

administer the Act, and for other purposes.