S148MAY13

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Week Ending May 13, 2005

Senate 148 to establish a United States Boxing Commission to administer Senate 148 and for other purposes.

BRIEF

Organizations that manage the sport of boxing are established internationally or in individual States. The bill would establish the first federal US Boxing Commission (USBC).

The Resolution preamble suggests that the State organizations can be prone to manipulating data and standards for boxers and that the boxers’ promoters have the potential to be corrupt at the expense of the boxers’ health and finances. The bill aims to address those problems to “protect the safety and interests of boxers and would govern the business of professional boxing by regulating boxing contracts, licensing and registering boxing participants, and issuing guidelines for ranking boxers.”

An extension of the Professional Boxing Safety Act of 1996, the legislation would govern “professional boxers, local boxing commissions, boxing promoters, boxing managers, boxing judges and referees, ringside physicians, boxing registries, sanctioning organizations, as well as premium or other cable or satellite program service providers, casinos, hotels, resorts, and other commercial establishments that may act as promoters. The legislation would not apply to amateur boxing.”

Appointed by the President the USBC would have three members, one having formerly been a professional boxer and another preferably a physician. No dealings with the boxing industry would be allowed, no more that two from the same political party or reside on either side of the Mississippi River. They would serve for three years and could be reappointed.

Sponsor: Senator John McCain (R-AZ)

Vote: Passed Senate by Unanimous Consent. (May 9, 2005)

Cost to the taxpayers: CBO calculates that the bill would cost “$7 million in 2006 and $34 million over the 2006-2010 period.”

MORE INFORMATION

SUMMARY OF PROVISIONS

SECTION BY SECTION ANALYSIS

SUMMARY OF PROVISIONS

S. 148 would amend the PBSA to: (1) establish and maintain a confidential (except for the use by boxing commissions) medical registry that would contain comprehensive medical records and medical suspension information for every licensed professional boxer; (2) make uniform certain `safety standards' for all boxing commissions, including a requirement that emergency medical personnel and an ambulance be continually present at all professional boxing matches; (3) require testing for infectious diseases (e.g., hepatitis); (4) require promoters to post some form of security (e.g., performance bond, cashiers check, etc.) prior to a match with the appropriate boxing commission to ensure payment of purse monies to boxers who participate and are contractually entitled to receive it; (5) make several changes to definitions, including the term `boxing commission' to include tribal organizations; (6) authorize tribal organizations to establish boxing commissions as long as a certain level of safety standards and other requirements are established; (7) mandate that sanctioning organizations adopt and follow ratings guidelines/criteria; (8) require that judges and referees be assigned for each match by the appropriate boxing commission without interference from sanctioning organizations; (9) require a newly-created regulatory entity, in consultation with the Association of Boxing Commissions (ABC), to develop guidelines for minimal contractual provisions that should be included in all bout agreements and boxer/manager contracts; and, (10) require more stringent financial disclosures (within a specified period) by promoters and sanctioning organizations.

S. 148 also would create the USBC, a Federal entity located within the Department of Commerce, to promulgate minimum uniform standards for professional boxing and enforce Federal boxing laws. The USBC would be comprised of three members, each of whom would be required to be a U.S. citizen with extensive experience in professional boxing activities or a field directly related to professional sports. Each member would be required to have outstanding character and integrity, and selected without regard to political affiliation. At least one member would be a former local boxing member, and, if practicable, one member would be a physician. Members would be precluded from any dealings in the boxing industry, and not more than two members would be from the same political party or reside in the same geographical region (split by the Mississippi River). The USBC would be authorized to employ an executive director to implement the policies of the USBC, a general counsel, and any additional staff as needed to carry out the Commission's statutory mandate.

The USBC's primary functions would be to protect the health, safety, and general interests of boxers. The USBC, among other things, would oversee and administer Federal boxing laws, and work with those who participate in professional boxing to improve the sport. The USBC would promulgate minimum uniform standards for boxing (in consultation with the ABC and sanctioning organizations). The USBC would also ensure, through the U.S. Attorney General and the chief law enforcement officer of a State, that Federal and State boxing laws are vigorously, effectively and fairly enforced. The USBC would require all boxers to be licensed every 4 years, as is currently required under the Federal identification system, but would also require all promoters, managers, and sanctioning organizations to be licensed by the USBC every 2 years. The USBC would be authorized to charge reasonable fees for licensing and all fees and fines collected by the USBC would be deposited in a revolving fund to be used to offset the USBC's appropriation. After notice and opportunity for a hearing, the USBC would be permitted to suspend or revoke any license issued under the PBSA if it finds that action is necessary to protect the health or safety of a boxer, or there are reasonable grounds to believe that a USBC standard is not being met or another unlawful act has occurred. The USBC also would be granted authority to conduct investigations, subpoena, administer oaths and affirmations, require the production of information, and seek injunctions to further the purposes of the PBSA.

The USBC would maintain a unified national computerized registry for collecting, storing and retrieving information related to professional boxing. The USBC would be required to consult with local boxing commissions before establishing any regulation or standard under the PBSA. The USBC would be required to submit to Congress an annual report containing a detailed description of its activities, including, within 12 months of enactment, the results of a USBC study to determine the appropriate definition of the term `promoter.'

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SECTION BY SECTION ANALYSIS

SECTION-BY-SECTION ANALYSIS

Section 5. Matches in jurisdictions without commissions.

Section 5 would amend section 4 of the PBSA to provide that no person may arrange, promote, organize, produce, or fight in a professional boxing match in the United States without approval by the USBC and held in a State or by a tribal commission that regulates professional boxing matches in accordance with standards established by the USBC. Approval by the USBC is presumed unless the USBC has been informed of a violation of the PBSA and has notified the supervising boxing commission that it does not approve, the match is advertised as a championship match, the match is scheduled for 10 rounds or more, or a boxer in the match has suffered 10 consecutive defeats or has been knocked out five consecutive times. This section authorizes the USBC to delegate its approval authority to a local commission.

Section 6. Safety standards.

Section 6 would amend section 5 of the PBSA to require that the physical examination currently required by the PBSA include testing for infectious diseases in accordance with standards established by the USBC. This section also would require that an ambulance and medical personnel with appropriate resuscitation equipment be continuously present on the site of professional boxing matches. Current law requires either an ambulance or medical personnel with appropriate resuscitation equipment to be on site.

Section 7. Registration.

Section 7 would amend section 6 of the PBSA to require that State and tribal boxing commissions provide professional boxers with a health and safety disclosure when issuing a boxer a Federal identification card currently required under the PBSA. This disclosure is a `Sense of the Congress' in the PBSA. This section also would require that boxing commissions furnish to the USBC a copy of each professional boxer's registration, as well as the registrations of boxing promoters, managers, and sanctioning organizations.

Section 8. Review.

Section 8 would amend section 7 of the PBSA to clarify the appeal procedure should a boxing commission impose a summary suspension on a professional boxer. Current law creates an inference that not only must a boxing commission establish appeal procedures regarding the suspension of a boxer, but it must also establish procedures to enable a boxer to have a second hearing regarding the revocation of the suspension. This section would clarify the intent of the current law and require that a boxing commission establish procedures to provide a hearing in the event a boxer seeks to contest the imposition of a summary suspension.

Section 9. Reporting.

Section 9 would amend section 8 of the PBSA by requiring that supervising boxing commissions report the results of a professional boxing match to the USBC within 2 business days. Under current law, supervising boxing commissions must report results to each boxer registry not later than 48 business hours.

Section 10. Contract requirements.

Section 10 would amend section 9 of the PBSA.

Subsection (a) would authorize the USBC, in consultation with the ABC, to develop minimum contractual provisions to be included in all bout agreements, boxer-manager contracts, and promotional agreements. Boxing commissions would be required to ensure that the minimum provisions are included in such agreements or contracts.

Subsection (b) would require managers or promoters to submit a copy of each boxer-manager contract and each promotional agreement between the manager or promoter and the boxer to the USBC. This subsection also would prohibit a boxing commission from approving a professional boxing match unless a copy of the bout agreement related to the match is filed with and approved by the Commission.

Subsection (c) would prohibit a boxing commission from approving a professional boxing match unless the promoter of that match posts a surety bond, cashier's check, letter of credit, cash, or other security acceptable to the boxing commission. This is intended to ensure that the boxer is paid at the conclusion of each match.

Section 11. Coercive contracts.

This section would amend section 10 of the PBSA to establish minimum guidelines for bout agreements, boxer-manager contracts, and promotional agreements.

Section 12. Sanctioning organizations.

This section would amend section 11 of the PBSA.

Subsection (a) would require within 1 year after the date of enactment that the USBC develop guidelines for written criteria for rating professional boxers based on their athletic merits. Within 90 days of the promulgation of the guidelines, each sanctioning organization would be required to adopt the guidelines and follow them.

Subsection (b) would require sanctioning organizations, when making ratings changes, to post, within 7 days and for a period of not less than 30 days, a copy of the new ratings on its Internet website or homepage with an explanation of the change posted for a period not less than 30 days, provide a copy of the rating change and an explanation to the boxer and the USBC, provide the boxer

an opportunity to appeal the ratings change, and apply the ratings guidelines required under subsection (a) of this section.

Subsection (c) would require sanctioning organizations that receive inquiries from boxers challenging ratings decisions to provide to the boxer, within 7 days, a written explanation of the sanctioning organizations rating criteria, its rating of the boxer, and its rationale or basis for its rating, and submit a copy of its explanation to the ABC and the USBC.

Section 13. Required disclosures by sanctioning organizations.

Section 13 would amend section 12 of the PBSA, which bars a sanctioning organization from receiving compensation from a boxing match until it provides the supervising boxing commission with a statement of fees assessed to the fighter or received for the fight. This section would be modified to require sanctioning organizations to provide, within 7 days after a professional boxing match of 10 rounds or more, a statement of all fees that a sanctioning organization `has assessed, or will assess' to any boxer in the match, a written statement of fees that a sanctioning organization `has received, or will receive' from all sources affiliated with a boxing event, and any other information that the supervising boxing commission may require.

Section 14. Required disclosures by promoters and broadcasters.

Section 14 would amend section 13 of the PBSA, which bars a promoter from receiving compensation from a boxing match until it provides the supervising boxing commission with certain financial information regarding the match. This section would require promoters to provide to the supervising boxing commission, within 7 days after a professional boxing match of 10 rounds or more, that same financial information. This section also would require promoters to make similar financial disclosures to each boxer in the match within 7 days after a professional boxing match of 10 rounds or more, including what the promoter has paid, or agreed to pay, to any other person in connection with the match.

This section also would require a broadcaster that owns television broadcast rights to a professional boxing match of 10 rounds or more to provide to the USBC within 7 days subsequent to the match a statement of any fee owed to a promoter in connection with the match, a copy of any contract the broadcaster has with a boxer in the match, and a list identifying sources of income received from the broadcast of the match. This section would require that the information disclosed by the broadcaster would be held as confidential by the USBC or local commission.

Section 15. Judges and referees.

Section 15 would amend section 16 of the PBSA.

Subsection (a) would require that no person may arrange, promote, organize, produce, or fight in a professional match unless the referees and judges participating in the match have been `selected' by the supervising boxing commission. Current law requires that all referees and judges participating in the match are `certified and approved' by the supervising boxing commission.

Subsection (b) would require in addition to subsection (a) that no person may arrange, promote, organize, produce, or fight in a professional match advertised to the public as a championship match or in a match scheduled for 10 rounds or more unless the referees and judges participating in the match have been licensed by the USBC.

Subsection (c) would prohibit sanctioning organizations from influencing, directly or indirectly, the selection of judges and referees, but would allow the organizations to provide a list of judges or referees that the sanctioning organization deems qualified.

Subsection (d) would permit a boxing commission to assign judges and referees who reside outside a commission's jurisdiction.

Subsection (e) would require that a judge or referee provide to a supervising boxing commission a statement of all consideration, including reimbursement for expenses, that the judge or referee has received, or will receive, from any source for participation in the match. This statement also would be provided to the USBC if the match is scheduled for 10 rounds or more.

Section 16. Medical registry.

Section 16 would create a new section 14 in the PBSA.

Subsection (a) would require that the USBC establish and maintain, or certify a third party to establish and maintain, a medical registry to contain the comprehensive medical records and medical denials or suspensions for every licensed boxer in the United States.

Subsection (b) would direct the USBC to determine the nature of the medical records to be forwarded to the USBC and the time within which they are to be submitted to the registry.

Subsection (c) would require the USBC to establish confidentiality standards for the disclosure of personally-identifiable information to boxing commissions to ensure that the information is used for the intended purpose, which is to protect the health and safety of professional boxers, and that it is not publicly disclosed.

Section 17. Conflicts of interest.

Section 17 would amend section 17(a) of the PBSA by including officers and employees of the USBC in the current list of persons who may not hold office, contract with, or receive any compensation from, any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. This section also would preclude a boxer from owning or controlling an entity that promotes the boxer's bouts in certain instances.

Section 18. Enforcement.

Section 18 would amend section 18 of the PBSA. Under the PBSA, the United States Attorney General has the authority to bring a civil action in the appropriate district court to prevent or punish a violation of the PBSA. This section would expand that authority to include criminal actions. This section also would make officers and employees of the USBC subject to civil or criminal action for violation of the PBSA. This section would allow the chief law enforcement officer of a State to bring an action if that officer has reason to believe that a person `has engaged in, or is engaging' in conduct that violates the PBSA. Current law only allows the chief

law enforcement officer of a State to act while the violator is engaging in, but not after, the unlawful conduct.

Section 19. Repeal of deadwood.

Section 19 would repeal section 20 of the PBSA, which required the Secretary of Labor to conduct a study on the feasibility and cost of a national pension system for professional boxers and report the results to Congress. Section 20 of the PBSA also required the Secretary of Health and Human Services `to conduct a study to develop recommendations for health, safety, and equipment standards for boxers and for professional boxing matches.' The expiration of these deadlines makes this language no longer necessary in the PBSA.

Section 20. Recognition of tribal law.

Section 20 would amend section 22 of the PBSA by allowing tribal organizations, not just States, to adopt or enforce supplemental or more stringent laws or regulations not inconsistent with the PBSA, or criminal, civil, or administrative fines for violations of such laws or regulations.

Section 21. Establishment of United States Boxing Commission.

Subsection (a) would amend the PBSA by adding a new title II establishing the USBC, as follows:

Section 201. Purpose.

This section states that the purpose of the USBC is to protect the health, safety, and welfare of boxers and to ensure fairness in the sport of professional boxing.

Section 202. Establishment of United States Boxing Commission.

Subsection (a) would establish the United States Boxing Commission as a commission within the Department of Commerce.

Subsection (b) would provide that the USBC would consist of three members appointed by the President, by and with the advice and consent of the Senate. Each member would be required to be a U.S. citizen with extensive experience in professional boxing activities or a field directly related to professional sports. Each member would be required to have outstanding character and integrity, and selected without regard to political affiliation. At least one member would be a former local boxing member, and, if practicable, one member would be a physician. Members would be precluded from any dealings in the boxing industry, and not more than two members would be from the same political party or reside in the same geographical region (split by the Mississippi River). Members would serve three-year terms, with the possibility of reappointment.

Subsection (b) would require the USBC to employ an executive director to perform the administrative functions of the Commission. In addition, the Commission would be required to hire a general counsel and any additional staff as needed to carry out the functions of the Commission.

Section 203. Functions.

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

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

Subsection (c) would provide that the USBC may not promote boxing events or rank professional boxers; or provide technical assistance to, or authorize the use of the name of the USBC by, boxing commissions that do not comply with the requirements of the USBC.

Subsection (d) would provide that the USBC shall have the exclusive right to the name `United States Boxing Commission.' This subsection also provides that any person who uses the name, USBC, without permission is subject to a civil action by the Commission under the Trademark Act of 1946.

Section 204. Licensing and registration of boxing personnel.

Subsection (a) would require that boxers, managers, promoters, and sanctioning organizations be licensed by the USBC to participate in a professional boxing match. The USBC shall establish procedures and fees for applying for, granting, and issuing licenses. Licenses issued by the USBC are for 4-year terms for professional boxers and 2-year terms for any other person. The USBC may issue licenses through boxing commissions.

Subsection (b) would authorize the USBC to prescribe and charge reasonable licensing fees. In setting fees, this subsection cautions that, to the maximum extent possible, the USBC should ensure that club boxing is not adversely affected, sanctioning organizations and promoters pay the largest portion of the fees, and boxers pay as small a portion as possible. The USBC may collect fees through boxing commissions.

Section 205. National registry of boxing personnel.

Subsection (a) would require the USBC to establish (or certify a third party to establish) a national registry of boxing personnel. This registry is to include relevant information about boxers, as well as information on promoters, matchmakers, managers, trainers, cut men, referees, judges, physicians, and any other professional boxing personnel deemed appropriate by the USBC.

Section 206. Consultation requirements.

This section would require the USBC to consult with the ABC before prescribing any regulation or establishing any standard, and not less than once each year regarding matters related to professional boxing.

Section 207. Misconduct.

Subsection (a) would authorize the USBC, after notice and opportunity for a hearing, to suspend or revoke any license issued under this title if the USBC finds that such action is necessary to protect health and safety or is otherwise in the public interest; there are reasonable grounds to believe that a USBC standard is not being met or that certain criminal acts have occurred; or the licensee has violated a provision of the PBSA.

The USBC would determine the period of suspension. In the case of a revocation of the license of a boxer, the revocation would be for a period of not less than one year.

Subsection (b) would authorize the USBC to conduct investigations and seek injunctions to further the purposes of the PBSA. This subsection also would authorize the USBC to subpoena, administer oaths and affirmations, and require the production of information.

Subsection (c) would authorize the USBC to intervene or file an amicus brief on behalf of the public interest in any civil action relating to professional boxing filed in a United States district court.

Subsection (d) would require that hearings conducted by the USBC be public and may be held before any officer of the USBC or before a boxing commission that is a member of the ABC.

Section 208. Noninterference with local boxing commissions.

Subsection (a) would provide that nothing in this title shall prohibit any boxing commission from exercising its powers, duties, or functions with respect to the regulation or supervision of professional boxing to the extent such exercises is not inconsistent with this title.

Subsection (b) would provide that nothing in this title prohibits any boxing commission from enforcing local standards or requirements that exceed those promulgated by the USBC.

Section 209. Assistance from other agencies.

This section would authorize the USBC to request that any employee of an entity be detailed to the USBC on a reimbursable or non-reimbursable basis with the employees' consent.

Section 210. Reports.

Subsection (a) would require the USBC to submit an annual report to the Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce. The report shall include a detailed discussion of the activities of the USBC and an overview of the licensing and enforcement activities of boxing commissions.

Subsection (b) would require the USBC to publish and publicize an annual report regarding the progress made by the Commission to reform professional boxing at the Federal and State levels, including on Indian lands, and comment on continuing concerns of the USBC.

Subsection (c) would require that the first annual report be submitted not later than 2 years after the effective date of this title.

Section 211. Initial implementation.

Subsection (a) would provide that the licensing requirements of this title do not apply to boxers, judges or referees, or any other activity in relation to professional boxing, if the person is licensed by a boxing commission to perform that activity as of the effective date of this title.

Subsection (b) would provide that the exemption in subsection (a) expires on the earlier of the date on which the license expires, or the date that is 2 years after the date of enactment of this legislation.

Section 212. Authorization of appropriations.

Subsection (a) would authorize to be appropriated for the USBC for each fiscal year such sums as may be necessary to perform its functions for that fiscal year.

Subsection (b) would provide that any fee collected under this title be credited as offsetting collections to the account that finances the USBC.

Subsection (c) would provide several conforming amendments.

Section 22. Study and report on definition of promoter.

Section 22 of S. 148 would require the USBC to conduct a study of how the term `promoter' should be defined for the purposes of the Professional Boxing Safety Act and report back to the House and Senate committees of jurisdiction within 12 months of the enactment of this legislation.

Section 23. Effective date.

Section 23 of S. 148 would provide that the amendments made by this legislation would take effect on the date of enactment of this legislation, except for the provisions creating the USBC, which will take effect one year after the date of enactment of this legislation.

Section 1. Short title; table of contents.

Section 1 would provide that this Act may be cited as the `Professional Boxing Amendments Act of 2005.' This section also provides a table of contents for this Act.

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

Section 2 would provide that all references to amendments to, or repeal of, certain sections, are to be considered to be made to a section or other provision of the Professional Boxing Safety Act of 1996 (PBSA) (15 U.S.C. 6301 et seq.).

Section 3. Definitions.

Subsection (a) would amend section 2 of the PBSA by providing several changes to definitions. Most notable, the term `boxing commission' would be revised to include entities authorized under tribal law to regulate professional boxing. Only State commissions are considered `boxing commissions' under current law. In addition, the terms `bout agreement' and `promotional agreement' would be modified to provide a distinction between them.

Subsection (b) would amend section 21 of the PBSA with respect to professional boxing matches conducted on Indian lands. This provision would provide authority to a tribal organization to establish a boxing commission to regulate professional boxing held on tribal land. Should a tribal organization establish a boxing commission, the standards adopted by the tribal organization should be at least as restrictive as the requirements of the State in which the tribal organization is located, or the guidelines established by the United States Boxing Commission (USBC).

Section 4. Purpose.

Section 4 would amend section 3(2) of the PBSA by striking `State' in `State boxing commissions' to allow tribal organizations to be included as boxing commissions.

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