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S 38 IS

111th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 38CommentsClose CommentsPermalink

To establish a United States Boxing Commission to administer the Act, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. MCCAIN (for himself and Mr. DORGAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish a United States Boxing Commission to administer the Act, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Professional Boxing Amendments Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





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





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Purposes.CommentsClose CommentsPermalink





Sec. 5. United States Boxing Commission approval, or ABC or commission sanction, required for matches.CommentsClose CommentsPermalink





Sec. 6. Safety standards.CommentsClose CommentsPermalink





Sec. 7. Registration.CommentsClose CommentsPermalink





Sec. 8. Review.CommentsClose CommentsPermalink





Sec. 9. Reporting.CommentsClose CommentsPermalink





Sec. 10. Contract requirements.CommentsClose CommentsPermalink





Sec. 11. Coercive contracts.CommentsClose CommentsPermalink





Sec. 12. Sanctioning organizations.CommentsClose CommentsPermalink





Sec. 13. Required disclosures by sanctioning organizations.CommentsClose CommentsPermalink





Sec. 14. Required disclosures by promoters and broadcasters.CommentsClose CommentsPermalink





Sec. 15. Judges and referees.CommentsClose CommentsPermalink





Sec. 16. Medical registry.CommentsClose CommentsPermalink





Sec. 17. Conflicts of interest.CommentsClose CommentsPermalink





Sec. 18. Enforcement.CommentsClose CommentsPermalink





Sec. 19. Repeal of deadwood.CommentsClose CommentsPermalink





Sec. 20. Recognition of tribal law.CommentsClose CommentsPermalink





Sec. 21. Establishment of United States Boxing Commission.CommentsClose CommentsPermalink





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





Sec. 23. Effective date.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.).CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

(a) In General- Section 2 (15 U.S.C. 6301) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 2. DEFINITIONS.

‘In this Act:CommentsClose CommentsPermalink





‘(1) COMMISSION- The term ‘Commission’ means the United States Boxing Commission.CommentsClose CommentsPermalink





‘(2) BOUT AGREEMENT- The term ‘bout agreement’ means a contract between a promoter and a boxer that requires the boxer to participate in a professional boxing match for a particular date.CommentsClose CommentsPermalink





‘(3) BOXER- The term ‘boxer’ means an individual who fights in a professional boxing match.CommentsClose CommentsPermalink





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





‘(5) BOXER REGISTRY- The term ‘boxer registry’ means any entity certified by the Commission for the purposes of maintaining records and identification of boxers.CommentsClose CommentsPermalink





‘(6) BOXING SERVICE PROVIDER- The term ‘boxing service provider’ means a promoter, manager, sanctioning body, licensee, or matchmaker.CommentsClose CommentsPermalink





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





‘(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).CommentsClose CommentsPermalink





‘(9) LICENSEE- The term ‘licensee’ means an individual who serves as a trainer, corner man, second, or cut man for a boxer.CommentsClose CommentsPermalink





‘(10) MANAGER- The term ‘manager’ means a person other than a promoter who, under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a boxing-related matter on behalf of that boxer, including a person who is a booking agent for a boxer.CommentsClose CommentsPermalink





‘(11) MATCHMAKER- The term ‘matchmaker’ means a person that proposes, selects, and arranges for boxers to participate in a professional boxing match.CommentsClose CommentsPermalink





‘(12) PHYSICIAN- The term ‘physician’ means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs such function or action and who has training and experience in dealing with sports injuries, particularly head trauma.CommentsClose CommentsPermalink





‘(13) PROFESSIONAL BOXING MATCH- The term ‘professional boxing match’ means a boxing contest held in the United States between individuals for financial compensation. The term ‘professional boxing match’ does not include a boxing contest that is regulated by a duly recognized amateur sports organization, as approved by the Commission.CommentsClose CommentsPermalink





‘(14) PROMOTER- The term ‘promoter’--CommentsClose CommentsPermalink





‘(A) means the person primarily responsible for organizing, promoting, and producing a professional boxing match; butCommentsClose CommentsPermalink





‘(B) does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match unless--CommentsClose CommentsPermalink





‘(i) the hotel, casino, resort, or other commercial establishment is primarily responsible for organizing, promoting, and producing the match; andCommentsClose CommentsPermalink





‘(ii) there is no other person primarily responsible for organizing, promoting, and producing the match.CommentsClose CommentsPermalink





‘(15) PROMOTIONAL AGREEMENT- The term ‘promotional agreement’ means a contract, for the acquisition of rights relating to a boxer’s participation in a professional boxing match or series of boxing matches (including the right to sell, distribute, exhibit, or license the match or matches), with--CommentsClose CommentsPermalink





‘(A) the boxer who is to participate in the match or matches; orCommentsClose CommentsPermalink





‘(B) the nominee of a boxer who is to participate in the match or matches, or the nominee is an entity that is owned, controlled or held in trust for the boxer unless that nominee or entity is a licensed promoter who is conveying a portion of the rights previously acquired.CommentsClose CommentsPermalink





‘(16) STATE- The term ‘State’ means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands.CommentsClose CommentsPermalink





‘(17) SANCTIONING ORGANIZATION- The term ‘sanctioning organization’ means an organization, other than a boxing commission, that sanctions professional boxing matches, ranks professional boxers, or charges a sanctioning fee for professional boxing matches in the United States--CommentsClose CommentsPermalink





‘(A) between boxers who are residents of different States; orCommentsClose CommentsPermalink





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





‘(18) SUSPENSION- The term ‘suspension’ includes within its meaning the temporary revocation of a boxing license.CommentsClose CommentsPermalink





‘(19) TRIBAL ORGANIZATION- The term ‘tribal organization’ has the same meaning as in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 21 (15 U.S.C. 6312) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN LANDS.

‘(a) In General- Notwithstanding any other provision of law, a tribal organization may establish a boxing commission to regulate professional boxing matches held on Indian land under the jurisdiction of that tribal organization.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) the otherwise applicable requirements of the State in which the Indian land on which the professional boxing match is held is located; orCommentsClose CommentsPermalink





‘(2) the guidelines established by the United States Boxing Commission.CommentsClose CommentsPermalink





‘(c) Application of Act to Boxing Matches on Tribal Lands- The provisions of this Act apply to professional boxing matches held on tribal lands to the same extent and in the same way as they apply to professional boxing matches held in any State.’.CommentsClose CommentsPermalink

SEC. 4. PURPOSES.

Section 3(2) (15 U.S.C. 6302(2)) is amended by striking ‘State’.CommentsClose CommentsPermalink

SEC. 5. UNITED STATES BOXING COMMISSION APPROVAL, OR ABC OR COMMISSION SANCTION, REQUIRED FOR MATCHES.

(a) In General- Section 4 (15 U.S.C. 6303) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

‘(a) In General- No person may arrange, promote, organize, produce, or fight in a professional boxing match within the United States unless the match--CommentsClose CommentsPermalink





‘(1) is approved by the Commission; andCommentsClose CommentsPermalink





‘(2) is held in a State, or on tribal land of a tribal organization, that regulates professional boxing matches in accordance with standards and criteria established by the Commission.CommentsClose CommentsPermalink





‘(b) Approval Presumed-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (a), the Commission shall be presumed to have approved any match other than--CommentsClose CommentsPermalink





‘(A) a match with respect to which the Commission has been informed of an alleged violation of this Act and with respect to which it has notified the supervising boxing commission that it does not approve;CommentsClose CommentsPermalink





‘(B) a match advertised to the public as a championship match;CommentsClose CommentsPermalink





‘(C) a match scheduled for 10 rounds or more; orCommentsClose CommentsPermalink





‘(D) a match in which 1 of the boxers has--CommentsClose CommentsPermalink





‘(i) suffered 10 consecutive defeats in professional boxing matches; orCommentsClose CommentsPermalink





‘(ii) has been knocked out 5 consecutive times in professional boxing matches.CommentsClose CommentsPermalink





‘(2) DELEGATION OF APPROVAL AUTHORITY- Notwithstanding paragraph (1), the Commission shall be presumed to have approved a match described in subparagraph (B), (C), or (D) of paragraph (1) if--CommentsClose CommentsPermalink





‘(A) the Commission has delegated its approval authority with respect to that match to a boxing commission; andCommentsClose CommentsPermalink





‘(B) the boxing commission has approved the match.CommentsClose CommentsPermalink





‘(3) KNOCKED-OUT DEFINED- Except as may be otherwise provided by the Commission by rule, in paragraph (1)(D)(ii), the term ‘knocked out’ means knocked down and unable to continue after a count of 10 by the referee or stopped from continuing because of a technical knockout.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 19 (15 U.S.C. 6310) is repealed.CommentsClose CommentsPermalink

SEC. 6. SAFETY STANDARDS.

Section 5 (15 U.S.C. 6304) is amended--CommentsClose CommentsPermalink





(1) by striking ‘requirements or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers:’ and inserting ‘requirements:’;CommentsClose CommentsPermalink





(2) by adding at the end of paragraph (1) ‘The examination shall include testing for infectious diseases in accordance with standards established by the Commission.’;CommentsClose CommentsPermalink





(3) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) An ambulance continuously present on site.’;CommentsClose CommentsPermalink





(4) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) Emergency medical personnel with appropriate resuscitation equipment continuously present on site.’; andCommentsClose CommentsPermalink





(5) by striking ‘match.’ in paragraph (5), as redesignated, and inserting ‘match in an amount prescribed by the Commission.’.CommentsClose CommentsPermalink

SEC. 7. REGISTRATION.

Section 6 (15 U.S.C. 6305) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or Indian tribe’ after ‘State’ the second place it appears in subsection (a)(2);CommentsClose CommentsPermalink





(2) by striking the first sentence of subsection (c) and inserting ‘A boxing commission shall, in accordance with requirements established by the Commission, make a health and safety disclosure to a boxer when issuing an identification card to that boxer.’;CommentsClose CommentsPermalink





(3) by striking ‘should’ in the second sentence of subsection (c) and inserting ‘shall, at a minimum,’; andCommentsClose CommentsPermalink





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





‘(d) Copy of Registration and Identification Cards To Be Sent to Commission- A boxing commission shall furnish a copy of each registration received under subsection (a), and each identification card issued under subsection (b), to the Commission.’.CommentsClose CommentsPermalink

SEC. 8. REVIEW.

Section 7 (15 U.S.C. 6306) is amended--CommentsClose CommentsPermalink





(1) by striking ‘that, except as provided in subsection (b), no’ in subsection (a)(2) and inserting ‘that no’;CommentsClose CommentsPermalink





(2) by striking paragraphs (3) and (4) of subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(3) by striking subsection (b); andCommentsClose CommentsPermalink





(4) by striking ‘(a) Procedures- ’.CommentsClose CommentsPermalink

SEC. 9. REPORTING.

Section 8 (15 U.S.C. 6307) is amended--CommentsClose CommentsPermalink





(1) by striking ‘48 business hours’ and inserting ‘2 business days’;CommentsClose CommentsPermalink





(2) by striking ‘bxoing’ and inserting ‘boxing’; andCommentsClose CommentsPermalink





(3) by striking ‘each boxer registry.’ and inserting ‘the Commission.’.CommentsClose CommentsPermalink

SEC. 10. CONTRACT REQUIREMENTS.

Section 9 (15 U.S.C. 6307a) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 9. CONTRACT REQUIREMENTS.

‘(a) In General- The Commission, in consultation with the Association of Boxing Commissions, shall develop guidelines for minimum contractual provisions that shall be included in each bout agreement, boxer-manager contract, and promotional agreement. Each boxing commission shall ensure that these minimal contractual provisions are present in any such agreement or contract submitted to it.CommentsClose CommentsPermalink





‘(b) Filing and Approval Requirements-CommentsClose CommentsPermalink





‘(1) COMMISSION- A manager or promoter shall submit a copy of each boxer-manager contract and each promotional agreement between that manager or promoter and a boxer to the Commission, and, if requested, to the boxing commission with jurisdiction over the bout.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 11. COERCIVE CONTRACTS.

Section 10 (15 U.S.C. 6307b) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (3) of subsection (a);CommentsClose CommentsPermalink





(2) by inserting ‘or Elimination’ after ‘Mandatory’ in the heading of subsection (b); andCommentsClose CommentsPermalink





(3) by inserting ‘or elimination’ after ‘mandatory’ in subsection (b).CommentsClose CommentsPermalink

SEC. 12. SANCTIONING ORGANIZATIONS.

(a) In General- Section 11 (15 U.S.C. 6307c) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 11. SANCTIONING ORGANIZATIONS.

‘(a) Objective Criteria- Within 1 year after the date of enactment of the Professional Boxing Amendments Act of 2009, the Commission shall develop guidelines for objective and consistent written criteria for the rating of professional boxers based on the athletic merits and professional record of the boxers. Within 90 days after the Commission’s promulgation of the guidelines, each sanctioning organization shall adopt the guidelines and follow them.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





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





‘(3) provide the boxer an opportunity to appeal the ratings change to the sanctioning organization; andCommentsClose CommentsPermalink





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





‘(c) Challenge of Rating- If, after disposing with an appeal under subsection (b)(3), a sanctioning organization receives a petition from a boxer challenging that organization’s rating of the boxer, it shall (except to the extent otherwise required by the Commission), within 7 days after receiving the petition--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(2) submit a copy of its explanation to the Association of Boxing Commissions and the Commission for their review.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 18(e) (15 U.S.C. 6309(e)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Federal Trade Commission,’ in the subsection heading and inserting ‘United States Boxing Commission’; andCommentsClose CommentsPermalink





(2) by striking ‘Federal Trade Commission,’ in paragraph (1) and inserting ‘United States Boxing Commission,’.CommentsClose CommentsPermalink

SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

Section 12 (15 U.S.C. 6307d) is amended--CommentsClose CommentsPermalink





(1) by striking the matter preceding paragraph (1) and inserting ‘Within 7 days after a professional boxing match of 10 rounds or more, the sanctioning organization, if any, for that match shall provide to the Commission, and, if requested, to the boxing commission in the State or on Indian land responsible for regulating the match, a written statement of--’;CommentsClose CommentsPermalink





(2) by striking ‘will assess’ in paragraph (1) and inserting ‘has assessed, or will assess,’; andCommentsClose CommentsPermalink





(3) by striking ‘will receive’ in paragraph (2) and inserting ‘has received, or will receive,’.CommentsClose CommentsPermalink

SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.

Section 13 (15 U.S.C. 6307e) is amended--CommentsClose CommentsPermalink





(1) by striking ‘promoters.’ in the section caption and inserting ‘promoters and broadcasters.’;CommentsClose CommentsPermalink





(2) by striking so much of subsection (a) as precedes paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(a) Disclosures to Boxing Commissions and the Commission- Within 7 days after a professional boxing match of 10 rounds or more, the promoter of any boxer participating in that match shall provide to the Commission, and, if requested, to the boxing commission in the State or on Indian land responsible for regulating the match--’;CommentsClose CommentsPermalink





(3) by striking ‘writing,’ in subsection (a)(1) and inserting ‘writing, other than a bout agreement previously provided to the commission,’;CommentsClose CommentsPermalink





(4) by striking ‘all fees, charges, and expenses that will be’ in subsection (a)(3)(A) and inserting ‘a written statement of all fees, charges, and expenses that have been, or will be,’;CommentsClose CommentsPermalink





(5) by inserting ‘a written statement of’ before ‘all’ in subsection (a)(3)(B);CommentsClose CommentsPermalink





(6) by inserting ‘a statement of’ before ‘any’ in subsection (a)(3)(C);CommentsClose CommentsPermalink





(7) by striking the matter in subsection (b) following ‘Boxer- ’ and preceding paragraph (1) and inserting ‘Within 7 days after a professional boxing match of 10 rounds or more, the promoter of the match shall provide to each boxer participating in the bout or match with whom the promoter has a bout or promotional agreement a statement of--’;CommentsClose CommentsPermalink





(8) by striking ‘match;’ in subsection (b)(1) and inserting ‘match, and that the promoter has paid, or agreed to pay, to any other person in connection with the match;’; andCommentsClose CommentsPermalink





(9) by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Required Disclosures by Broadcasters-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A broadcaster that owns the television broadcast rights for a professional boxing match of 10 rounds or more shall, within 7 days after that match, provide to the Commission--CommentsClose CommentsPermalink





‘(A) a statement of any advance, guarantee, or license fee paid or owed by the broadcaster to a promoter in connection with that match;CommentsClose CommentsPermalink





‘(B) a copy of any contract executed by or on behalf of the broadcaster with--CommentsClose CommentsPermalink





‘(i) a boxer who participated in that match; orCommentsClose CommentsPermalink





‘(ii) the boxer’s manager, promoter, promotional company, or other representative or the owner or representative of the site of the match; andCommentsClose CommentsPermalink





‘(C) a list identifying sources of income received from the broadcast of the match.CommentsClose CommentsPermalink





‘(2) COPY TO BOXING COMMISSION- Upon request from the boxing commission in the State or Indian land responsible for regulating a match to which paragraph (1) applies, a broadcaster shall provide the information described in paragraph (1) to that boxing commission.CommentsClose CommentsPermalink





‘(3) CONFIDENTIALITY- The information provided to the Commission or to a boxing commission pursuant to this subsection shall be confidential and not revealed by the Commission or a boxing commission, except that the Commission may publish an analysis of the data in aggregate form or in a manner which does not disclose confidential information about identifiable broadcasters.CommentsClose CommentsPermalink





‘(4) TELEVISION BROADCAST RIGHTS- In paragraph (1), the term ‘television broadcast rights’ means the right to broadcast the match, or any part thereof, via a broadcast station, cable service, or multichannel video programming distributor as such terms are defined in section 3(5), 602(6), and 602(13) of the Communications Act of 1934 (47 U.S.C. 153(5), 602(6), and 602(13), respectively).’.CommentsClose CommentsPermalink

SEC. 15. JUDGES AND REFEREES.

(a) In General- Section 16 (15 U.S.C. 6307h) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(a) Licensing and Assignment Requirement- ’ before ‘No person’;CommentsClose CommentsPermalink





(2) by striking ‘certified and approved’ and inserting ‘selected’;CommentsClose CommentsPermalink





(3) by inserting ‘or Indian lands’ after ‘State’; andCommentsClose CommentsPermalink





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





‘(b) Championship and 10-Round Bouts- In addition to the requirements of subsection (a), no person may arrange, promote, organize, produce, or fight in a professional boxing match advertised to the public as a championship match or in a professional boxing match scheduled for 10 rounds or more unless all referees and judges participating in the match have been licensed by the Commission.CommentsClose CommentsPermalink





‘(c) Role of Sanctioning Organization- A sanctioning organization may provide a list of judges and referees deemed qualified by that organization to a boxing commission, but the boxing commission shall select, license, and appoint the judges and referees participating in the match.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Required Disclosure- A judge or referee shall provide to the boxing commission responsible for regulating a professional boxing match in a State or on Indian land a statement of all consideration, including reimbursement for expenses, that the judge or referee has received, or will receive, from any source for participation in the match. If the match is scheduled for 10 rounds or more, the judge or referee shall also provide such a statement to the Commission.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 14 (15 U.S.C. 6307f) is repealed.CommentsClose CommentsPermalink

SEC. 16. MEDICAL REGISTRY.

The Act is amended by inserting after section 13 (15 U.S.C. 6307e) the following:CommentsClose CommentsPermalink

‘SEC. 14. MEDICAL REGISTRY.

‘(a) In General- The Commission shall establish and maintain, or certify a third party entity to establish and maintain, a medical registry that contains comprehensive medical records and medical denials or suspensions for every licensed boxer.CommentsClose CommentsPermalink





‘(b) Content; Submission- The Commission shall determine--CommentsClose CommentsPermalink





‘(1) the nature of medical records and medical suspensions of a boxer that are to be forwarded to the medical registry; andCommentsClose CommentsPermalink





‘(2) the time within which the medical records and medical suspensions are to be submitted to the medical registry.CommentsClose CommentsPermalink





‘(c) Confidentiality- The Commission shall establish confidentiality standards for the disclosure of personally identifiable information to boxing commissions that will--CommentsClose CommentsPermalink





‘(1) protect the health and safety of boxers by making relevant information available to the boxing commissions for use but not public disclosure; andCommentsClose CommentsPermalink





‘(2) ensure that the privacy of the boxers is protected.’.CommentsClose CommentsPermalink

SEC. 17. CONFLICTS OF INTEREST.

Section 17 (15 U.S.C. 6308) is amended--CommentsClose CommentsPermalink





(1) by striking ‘enforces State boxing laws,’ in subsection (a) and inserting ‘implements State or tribal boxing laws, no officer or employee of the Commission,’;CommentsClose CommentsPermalink





(2) by striking ‘belong to,’ and inserting ‘hold office in,’ in subsection (a);CommentsClose CommentsPermalink





(3) by striking the last sentence of subsection (a); andCommentsClose CommentsPermalink





(4) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Boxers- A boxer may not own or control, directly or indirectly, an entity that promotes the boxer’s bouts if that entity is responsible for--CommentsClose CommentsPermalink





‘(1) executing a bout agreement or promotional agreement with the boxer’s opponent; orCommentsClose CommentsPermalink





‘(2) providing any payment or other compensation to--CommentsClose CommentsPermalink





‘(A) the boxer’s opponent for participation in a bout with the boxer;CommentsClose CommentsPermalink





‘(B) the boxing commission that will regulate the bout; orCommentsClose CommentsPermalink





‘(C) ring officials who officiate at the bout.’.CommentsClose CommentsPermalink

SEC. 18. ENFORCEMENT.

Section 18 (15 U.S.C. 6309) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(a) Injunctions- ’ in subsection (a) and inserting ‘(a) Actions by Attorney General- ’;CommentsClose CommentsPermalink





(2) by inserting ‘any officer or employee of the Commission,’ after ‘laws,’ in subsection (b)(3);CommentsClose CommentsPermalink





(3) by inserting ‘has engaged in or’ after ‘organization’ in subsection (c);CommentsClose CommentsPermalink





(4) by striking ‘subsection (b)’ in subsection (c)(3) and inserting ‘subsection (b), a civil penalty, or’; andCommentsClose CommentsPermalink





(5) by striking ‘boxer’ in subsection (d) and inserting ‘person’.CommentsClose CommentsPermalink

SEC. 19. REPEAL OF DEADWOOD.

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

SEC. 20. RECOGNITION OF TRIBAL LAW.

Section 22 (15 U.S.C. 6313) is amended--CommentsClose CommentsPermalink





(1) by insert ‘or tribal’ in the section heading after ‘state’; andCommentsClose CommentsPermalink





(2) by inserting ‘or Indian tribe’ after ‘State’.CommentsClose CommentsPermalink

SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.

(a) In General- The Act is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE II--UNITED STATES BOXING COMMISSIONCommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink

‘SEC. 202. UNITED STATES BOXING COMMISSION.

‘(a) In General- The United States Boxing Commission is established as a commission within the Department of Commerce.CommentsClose CommentsPermalink





‘(b) Members-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall consist of 3 members appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(2) QUALIFICATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each member of the Commission shall be a citizen of the United States who--CommentsClose CommentsPermalink





‘(i) has extensive experience in professional boxing activities or in a field directly related to professional sports;CommentsClose CommentsPermalink





‘(ii) is of outstanding character and recognized integrity; andCommentsClose CommentsPermalink





‘(iii) is selected on the basis of training, experience, and qualifications and without regard to political party affiliation.CommentsClose CommentsPermalink





‘(B) SPECIFIC QUALIFICATIONS FOR CERTAIN MEMBERS- At least 1 member of the Commission shall be a former member of a local boxing authority. If practicable, at least 1 member of the Commission shall be a physician or other health care professional duly licensed as such.CommentsClose CommentsPermalink





‘(C) DISINTERESTED PERSONS- No member of the Commission may, while serving as a member of the Commission--CommentsClose CommentsPermalink





‘(i) be engaged as a professional boxer, boxing promoter, agent, fight manager, matchmaker, referee, judge, or in any other capacity in the conduct of the business of professional boxing;CommentsClose CommentsPermalink





‘(ii) have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match; orCommentsClose CommentsPermalink





‘(iii) serve as a member of a boxing commission.CommentsClose CommentsPermalink





‘(3) BIPARTISAN MEMBERSHIP- Not more than 2 members of the Commission may be members of the same political party.CommentsClose CommentsPermalink





‘(4) GEOGRAPHIC BALANCE- Not more than 2 members of the Commission may be residents of the same geographic region of the United States when appointed to the Commission. For purposes of the preceding sentence, the area of the United States east of the Mississippi River is a geographic region, and the area of the United States west of the Mississippi River is a geographic region.CommentsClose CommentsPermalink





‘(5) TERMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term of a member of the Commission shall be 3 years.CommentsClose CommentsPermalink





‘(B) REAPPOINTMENT- Members of the Commission may be reappointed to the Commission.CommentsClose CommentsPermalink





‘(C) MIDTERM VACANCIES- A member of the Commission appointed to fill a vacancy in the Commission occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that unexpired term.CommentsClose CommentsPermalink





‘(D) CONTINUATION PENDING REPLACEMENT- A member of the Commission may serve after the expiration of that member’s term until a successor has taken office.CommentsClose CommentsPermalink





‘(6) REMOVAL- A member of the Commission may be removed by the President only for cause.CommentsClose CommentsPermalink





‘(c) Executive Director-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall employ an Executive Director to perform the administrative functions of the Commission under this Act, and such other functions and duties of the Commission as the Commission shall specify.CommentsClose CommentsPermalink





‘(2) DISCHARGE OF FUNCTIONS- Subject to the authority, direction, and control of the Commission the Executive Director shall carry out the functions and duties of the Commission under this Act.CommentsClose CommentsPermalink





‘(d) General Counsel- The Commission shall employ a General Counsel to provide legal counsel and advice to the Executive Director and the Commission in the performance of its functions under this Act, and to carry out such other functions and duties as the Commission shall specify.CommentsClose CommentsPermalink





‘(e) Staff- The Commission shall employ such additional staff as the Commission considers appropriate to assist the Executive Director and the General Counsel in carrying out the functions and duties of the Commission under this Act.CommentsClose CommentsPermalink





‘(f) Compensation-CommentsClose CommentsPermalink





‘(1) MEMBERS OF COMMISSION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.CommentsClose CommentsPermalink





‘(B) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.CommentsClose CommentsPermalink





‘(2) EXECUTIVE DIRECTOR AND STAFF- The Commission shall fix the compensation of the Executive Director, the General Counsel, and other personnel of the Commission. The rate of pay for the Executive Director, the General Counsel, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink

‘SEC. 203. FUNCTIONS.

‘(a) Primary Functions- The primary functions of the Commission are--CommentsClose CommentsPermalink





‘(1) to protect the health, safety, and general interests of boxers consistent with the provisions of this Act; andCommentsClose CommentsPermalink





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





‘(b) Specific Functions- The Commission shall--CommentsClose CommentsPermalink





‘(1) administer title I of this Act;CommentsClose CommentsPermalink





‘(2) promulgate uniform standards for professional boxing in consultation with the Association of Boxing Commissions;CommentsClose CommentsPermalink





‘(3) except as otherwise determined by the Commission, oversee all professional boxing matches in the United States;CommentsClose CommentsPermalink





‘(4) work with the boxing commissions of the several States and tribal organizations--CommentsClose CommentsPermalink





‘(A) to improve the safety, integrity, and professionalism of professional boxing in the United States;CommentsClose CommentsPermalink





‘(B) to enhance physical, medical, financial, and other safeguards established for the protection of professional boxers; andCommentsClose CommentsPermalink





‘(C) to improve the status and standards of professional boxing in the United States;CommentsClose CommentsPermalink





‘(5) ensure, in cooperation with the Attorney General (who shall represent the Commission in any judicial proceeding under this Act), the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government, that Federal and State laws applicable to professional boxing matches in the United States are vigorously, effectively, and fairly enforced;CommentsClose CommentsPermalink





‘(6) review boxing commission regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this title;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(8) if the Commission determines it to be appropriate, publish a newspaper, magazine, or other publication and establish and maintain a website consistent with the purposes of the Commission;CommentsClose CommentsPermalink





‘(9) procure the temporary and intermittent services of experts and consultants to the extent authorized by section 3109(b) of title 5, United States Code, at rates the Commission determines to be reasonable; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Prohibitions- The Commission may not--CommentsClose CommentsPermalink





‘(1) promote boxing events or rank professional boxers; orCommentsClose CommentsPermalink





‘(2) provide technical assistance to, or authorize the use of the name of the Commission by, boxing commissions that do not comply with requirements of the Commission.CommentsClose CommentsPermalink





‘(d) Use of Name- The Commission shall have the exclusive right to use the name ‘United States Boxing Commission’. Any person who, without the permission of the Commission, uses that name or any other exclusive name, trademark, emblem, symbol, or insignia of the Commission for the purpose of inducing the sale or exchange of any goods or services, or to promote any exhibition, performance, or sporting event, shall be subject to suit in a civil action by the Commission for the remedies provided in the Act of July 5, 1946 (commonly known as the ‘Trademark Act of 1946’; 15 U.S.C. 1051 et seq.).CommentsClose CommentsPermalink

‘SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

‘(a) Licensing-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) APPLICATION AND TERM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall--CommentsClose CommentsPermalink





‘(i) establish application procedures, forms, and fees;CommentsClose CommentsPermalink





‘(ii) establish and publish appropriate standards for licenses granted under this section; andCommentsClose CommentsPermalink





‘(iii) issue a license to any person who, as determined by the Commission, meets the standards established by the Commission under this title.CommentsClose CommentsPermalink





‘(B) DURATION- A license issued under this section shall be for a renewable--CommentsClose CommentsPermalink





‘(i) 4-year term for a boxer; andCommentsClose CommentsPermalink





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





‘(C) PROCEDURE- The Commission may issue a license under this paragraph through boxing commissions or in a manner determined by the Commission.CommentsClose CommentsPermalink





‘(b) Licensing Fees-CommentsClose CommentsPermalink





‘(1) AUTHORITY- The Commission may prescribe and charge reasonable fees for the licensing of persons under this title. The Commission may set, charge, and adjust varying fees on the basis of classifications of persons, functions, and events determined appropriate by the Commission.CommentsClose CommentsPermalink





‘(2) LIMITATIONS- In setting and charging fees under paragraph (1), the Commission shall ensure that, to the maximum extent practicable--CommentsClose CommentsPermalink





‘(A) club boxing is not adversely effected;CommentsClose CommentsPermalink





‘(B) sanctioning organizations and promoters pay comparatively the largest portion of the fees; andCommentsClose CommentsPermalink





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





‘(3) COLLECTION- Fees established under this subsection may be collected through boxing commissions or by any other means determined appropriate by the Commission.CommentsClose CommentsPermalink

‘SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

‘(a) Requirement for Registry- The Commission shall establish and maintain (or authorize a third party to establish and maintain) a unified national computerized registry for the collection, storage, and retrieval of information related to the performance of its duties.CommentsClose CommentsPermalink





‘(b) Contents- The information in the registry shall include the following:CommentsClose CommentsPermalink





‘(1) BOXERS- A list of professional boxers and data in the medical registry established under section 114 of this Act, which the Commission shall secure from disclosure in accordance with the confidentiality requirements of section 114(c).CommentsClose CommentsPermalink





‘(2) OTHER PERSONNEL- Information (pertinent to the sport of professional boxing) on boxing promoters, boxing matchmakers, boxing managers, trainers, cut men, referees, boxing judges, physicians, and any other personnel determined by the Commission as performing a professional activity for professional boxing matches.CommentsClose CommentsPermalink

‘SEC. 206. CONSULTATION REQUIREMENTS.

‘The Commission shall consult with the Association of Boxing Commissions--CommentsClose CommentsPermalink





‘(1) before prescribing any regulation or establishing any standard under the provisions of this title; andCommentsClose CommentsPermalink





‘(2) not less than once each year regarding matters relating to professional boxing.CommentsClose CommentsPermalink

‘SEC. 207. MISCONDUCT.

‘(a) Suspension and Revocation of License or Registration-CommentsClose CommentsPermalink





‘(1) AUTHORITY- The Commission may, after notice and opportunity for a hearing, suspend or revoke any license issued under this title if the Commission finds that--CommentsClose CommentsPermalink





‘(A) the license holder has violated any provision of this Act;CommentsClose CommentsPermalink





‘(B) there are reasonable grounds for belief that a standard prescribed by the Commission under this title is not being met, or that bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; orCommentsClose CommentsPermalink





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





‘(2) PERIOD OF SUSPENSION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A suspension of a license under this section shall be effective for a period determined appropriate by the Commission except as provided in subparagraph (B).CommentsClose CommentsPermalink





‘(B) SUSPENSION FOR MEDICAL REASONS- In the case of a suspension or denial of the license of a boxer for medical reasons by the Commission, the Commission may terminate the suspension or denial at any time that a physician certifies that the boxer is fit to participate in a professional boxing match. The Commission shall prescribe the standards and procedures for accepting certifications under this subparagraph.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Investigations and Injunctions-CommentsClose CommentsPermalink





‘(1) AUTHORITY- The Commission may--CommentsClose CommentsPermalink





‘(A) conduct any investigation that it considers necessary to determine whether any person has violated, or is about to violate, any provision of this Act or any regulation prescribed under this Act;CommentsClose CommentsPermalink





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





‘(C) in its discretion, publish information concerning any violations; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) POWERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For the purpose of any investigation under paragraph (1) or any other proceeding under this title--CommentsClose CommentsPermalink





‘(i) any officer designated by the Commission may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records the Commission considers relevant or material to the inquiry; andCommentsClose CommentsPermalink





‘(ii) the provisions of sections 6002 and 6004 of title 18, United States Code, shall apply.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) ENFORCEMENT OF SUBPOENAS-CommentsClose CommentsPermalink





‘(A) CIVIL ACTION- In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may file an action in any district court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Commission to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) EVIDENCE OF CRIMINAL MISCONDUCT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Commission, in obedience to the subpoena of the Commission, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) INJUNCTIVE RELIEF- If the Commission determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this Act, or of any regulation prescribed under this Act, the Commission may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order.CommentsClose CommentsPermalink





‘(6) MANDAMUS- Upon application of the Commission, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any order of the Commission.CommentsClose CommentsPermalink





‘(c) Intervention in Civil Actions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a district court of the United States.CommentsClose CommentsPermalink





‘(2) AMICUS FILING- The Commission may file a brief in any action filed in a court of the United States on behalf of the public interest in any case relating to professional boxing.CommentsClose CommentsPermalink





‘(d) Hearings by Commission- Hearings conducted by the Commission under this Act shall be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings.CommentsClose CommentsPermalink

‘SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.

‘(a) Noninterference- Nothing in this Act prohibits any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this Act.CommentsClose CommentsPermalink





‘(b) Minimum Standards- Nothing in this Act prohibits any boxing commission from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Commission under this Act.CommentsClose CommentsPermalink

‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

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

‘SEC. 210. REPORTS.

‘(a) Annual Report- The Commission shall submit a report on its activities to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Commerce each year. The annual report shall include--CommentsClose CommentsPermalink





‘(1) a detailed discussion of the activities of the Commission for the year covered by the report; andCommentsClose CommentsPermalink





‘(2) an overview of the licensing and enforcement activities of the State and tribal organization boxing commissions.CommentsClose CommentsPermalink





‘(b) Public Report- The Commission shall annually issue and publicize a report of the Commission on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing, which shall include comments on issues of continuing concern to the Commission.CommentsClose CommentsPermalink





‘(c) First Annual Report on the Commission- The first annual report under this title shall be submitted not later than 2 years after the effective date of this title.CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(b) Expiration- The exemption under subsection (a) with respect to a license issued by a boxing commission expires on the earlier of--CommentsClose CommentsPermalink





‘(1) the date on which the license expires; orCommentsClose CommentsPermalink





‘(2) the date that is 2 years after the date of the enactment of the Professional Boxing Amendments Act of 2009.CommentsClose CommentsPermalink

‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

‘(a) In General- There are authorized to be appropriated for the Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year.CommentsClose CommentsPermalink





‘(b) Receipts Credited as Offsetting Collections- Notwithstanding section 3302 of title 31, United States Code, any fee collected under this title--CommentsClose CommentsPermalink





‘(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;CommentsClose CommentsPermalink





‘(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; andCommentsClose CommentsPermalink





‘(3) shall remain available until expended.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) PBSA- The Professional Boxing Safety Act of 1996, as amended by this Act, is further amended--CommentsClose CommentsPermalink





(A) by amending section 1 to read as follows:CommentsClose CommentsPermalink

‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

‘(a) Short Title- This Act may be cited as the ‘Professional Boxing Safety Act’.CommentsClose CommentsPermalink





‘(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





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





‘Sec. 2. Definitions.CommentsClose CommentsPermalink

‘TITLE I--PROFESSIONAL BOXING SAFETY

‘Sec. 101. Purposes.CommentsClose CommentsPermalink





‘Sec. 102. Approval or sanction requirement.CommentsClose CommentsPermalink





‘Sec. 103. Safety standards.CommentsClose CommentsPermalink





‘Sec. 104. Registration.CommentsClose CommentsPermalink





‘Sec. 105. Review.CommentsClose CommentsPermalink





‘Sec. 106. Reporting.CommentsClose CommentsPermalink





‘Sec. 107. Contract requirements.CommentsClose CommentsPermalink





‘Sec. 108. Protection from coercive contracts.CommentsClose CommentsPermalink





‘Sec. 109. Sanctioning organizations.CommentsClose CommentsPermalink





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





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





‘Sec. 112. Medical registry.CommentsClose CommentsPermalink





‘Sec. 113. Confidentiality.CommentsClose CommentsPermalink





‘Sec. 114. Judges and referees.CommentsClose CommentsPermalink





‘Sec. 115. Conflicts of interest.CommentsClose CommentsPermalink





‘Sec. 116. Enforcement.CommentsClose CommentsPermalink





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





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

‘TITLE II--UNITED STATES BOXING COMMISSION

‘Sec. 201. Purpose.CommentsClose CommentsPermalink





‘Sec. 202. United States Boxing Commission.CommentsClose CommentsPermalink





‘Sec. 203. Functions.CommentsClose CommentsPermalink





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





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





‘Sec. 206. Consultation requirements.CommentsClose CommentsPermalink





‘Sec. 207. Misconduct.CommentsClose CommentsPermalink





‘Sec. 208. Noninterference with boxing commissions.CommentsClose CommentsPermalink





‘Sec. 209. Assistance from other agencies.CommentsClose CommentsPermalink





‘Sec. 210. Reports.CommentsClose CommentsPermalink





‘Sec. 211. Initial implementation.CommentsClose CommentsPermalink





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





(B) by inserting before section 3 the following:CommentsClose CommentsPermalink

‘TITLE I--PROFESSIONAL BOXING SAFETY’;CommentsClose CommentsPermalink

(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 through 118, respectively;CommentsClose CommentsPermalink





(D) by striking subsection (a) of section 113, as redesignated, and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- Except to the extent required in a legal, administrative, or judicial proceeding, a boxing commission, an Attorney General, or the Commission may not disclose to the public any matter furnished by a promoter under section 111.’;CommentsClose CommentsPermalink





(E) by striking ‘section 13’ in subsection (b) of section 113, as redesignated, and inserting ‘section 111’;CommentsClose CommentsPermalink





(F) by striking ‘9(b), 10, 11, 12, 13, 14, or 16,’ in paragraph (1) of section 116(b), as redesignated, and inserting ‘107, 108, 109, 110, 111, or 114,’;CommentsClose CommentsPermalink





(G) by striking ‘9(b), 10, 11, 12, 13, 14, or 16’ in paragraph (2) of section 116(b), as redesignated, and inserting ‘107, 108, 109, 110, 111, or 114’;CommentsClose CommentsPermalink





(H) by striking ‘section 17(a)’ in subsection (b)(3) of section 116, as redesignated, and inserting ‘section 115(a)’;CommentsClose CommentsPermalink





(I) by striking ‘section 10’ in subsection (e)(3) of section 116, as redesignated, and inserting ‘section 108’; andCommentsClose CommentsPermalink





(J) by striking ‘of this Act’ each place it appears in sections 101 through 120, as redesignated, and inserting ‘of this title’.CommentsClose CommentsPermalink





(2) COMPENSATION OF MEMBERS- Section 5315 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Members of the United States Boxing Commission.’.CommentsClose CommentsPermalink

SEC. 22. STUDY AND REPORT ON DEFINITION OF PROMOTER.

(a) Study- The United States Boxing Commission shall conduct a study on how the term ‘promoter’ should be defined for purposes of the Professional Boxing Safety Act.CommentsClose CommentsPermalink





(b) Hearings- As part of that study, the Commission shall hold hearings and solicit testimony at those hearings from boxers, managers, promoters, premium, cable, and satellite program service providers, hotels, casinos, resorts, and other commercial establishments that host or sponsor professional boxing matches, and other interested parties with respect to the definition of that term as it is used in the Professional Boxing Safety Act.CommentsClose CommentsPermalink





(c) Report- Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the study conducted under subsection (a). The report shall--CommentsClose CommentsPermalink





(1) set forth a proposed definition of the term ‘promoter’ for purposes of the Professional Boxing Safety Act; andCommentsClose CommentsPermalink





(2) describe the findings, conclusions, and rationale of the Commission for the proposed definition, together with any recommendations of the Commission, based on the study.CommentsClose CommentsPermalink

SEC. 23. EFFECTIVE DATE.

(a) In General- Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) 1-Year Delay for Certain Title II Provisions- Sections 205 through 212 of the Professional Boxing Safety Act of 1996, as added by section 21(a) of this Act, shall take effect 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink