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Pub.L. 106-211 To amend the Higher Education Act of 1965 to improve the program for American Indian Tribal Colleges and Universities under part A of title III. <> ...


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[[Page 114 STAT. 321]]

Public Law 106-210
106th Congress

                                 An Act


 
   To reform unfair and anticompetitive practices in the professional 
         boxing industry. <<NOTE: May 26, 2000 -  [H.R. 1832]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Muhammad Ali Boxing Reform 
Act.>> Congress assembled,

SECTION 1. <<NOTE: 15 USC 6301 note.>> SHORT TITLE.

    This Act may be cited as the ``Muhammad Ali Boxing Reform Act''.

SEC. 2. <<NOTE: 15 USC 6301 note.>> FINDINGS.

    The Congress makes the following findings:
            (1) Professional boxing differs from other major, interstate 
        professional sports industries in the United States in that it 
        operates without any private sector association, league, or 
        centralized industry organization to establish uniform and 
        appropriate business practices and ethical standards. This has 
        led to repeated occurrences of disreputable and coercive 
        business practices in the boxing industry, to the detriment of 
        professional boxers nationwide.
            (2) State officials are the proper regulators of 
        professional boxing events, and must protect the welfare of 
        professional boxers and serve the public interest by closely 
        supervising boxing activity in their jurisdiction. State boxing 
        commissions do not currently receive adequate information to 
        determine whether boxers competing in their jurisdiction are 
        being subjected to contract terms and business practices which 
        may violate State regulations, or are onerous and confiscatory.
            (3) Promoters who engage in illegal, coercive, or unethical 
        business practices can take advantage of the lack of equitable 
        business standards in the sport by holding boxing events in 
        States with weaker regulatory oversight.
            (4) The sanctioning organizations which have proliferated in 
        the boxing industry have not established credible and objective 
        criteria to rate professional boxers, and operate with virtually 
        no industry or public oversight. Their ratings are susceptible 
        to manipulation, have deprived boxers of fair opportunities for 
        advancement, and have undermined public confidence in the 
        integrity of the sport.
            (5) Open competition in the professional boxing industry has 
        been significantly interfered with by restrictive and 
        anticompetitive business practices of certain promoters and 
        sanctioning bodies, to the detriment of the athletes and the 
        ticket-buying public. Common practices of promoters and 
        sanctioning organizations represent restraints of interstate 
        trade in the United States.

[[Page 114 STAT. 322]]

            (6) It is necessary and appropriate to establish national 
        contracting reforms to protect professional boxers and prevent 
        exploitive business practices, and to require enhanced financial 
        disclosures to State athletic commissions to improve the public 
        oversight of the sport.

SEC. 3. <<NOTE: 15 USC 6301 note.>> PURPOSES.

    The purposes of this Act are--
            (1) to protect the rights and welfare of professional boxers 
        on an interstate basis by preventing certain exploitive, 
        oppressive, and unethical business practices;
            (2) to assist State boxing commissions in their efforts to 
        provide more effective public oversight of the sport; and
            (3) to promote honorable competition in professional boxing 
        and enhance the overall integrity of the industry.

SEC. 4. PROTECTING BOXERS FROM EXPLOITATION.

    The Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.) 
is amended--
            (1) by redesignating sections 9 through 15 <<NOTE: 15 
        USC 6308-6313, 6301 note.>>  as sections 17 through 23, 
        respectively; and
            (2) by inserting after section 8 the following new sections:

``SEC. 9. <<NOTE: Deadline. Guidelines. 15 USC 6307a.>> CONTRACT 
            REQUIREMENTS.

    ``Within 2 years after the date of the enactment of the Muhammad Ali 
Boxing Reform Act, the Association of Boxing Commissions (ABC) shall 
develop and shall approve by a vote of no less than a majority of its 
member State boxing commissioners, guidelines for minimum contractual 
provisions that should be included in bout agreements and boxing 
contracts. It is the sense of the Congress that State boxing commissions 
should follow these ABC guidelines.

``SEC. 10. <<NOTE: 15 USC 6307b.>> PROTECTION FROM COERCIVE CONTRACTS.

    ``(a) General Rule.--
            ``(1)(A) A contract provision shall be considered to be in 
        restraint of trade, contrary to public policy, and unenforceable 
        against any boxer to the extent that it--
                    ``(i) is a coercive provision described in 
                subparagraph (B) and is for a period greater than 12 
                months; or
                    ``(ii) is a coercive provision described in 
                subparagraph (B) and the other boxer under contract to 
                the promoter came under that contract pursuant to a 
                coercive provision described in subparagraph (B).
            ``(B) A coercive provision described in this subparagraph is 
        a contract provision that grants any rights between a boxer and 
        a promoter, or between promoters with respect to a boxer, if the 
        boxer is required to grant such rights, or a boxer's promoter is 
        required to grant such rights with respect to a boxer to another 
        promoter, as a condition precedent to the boxer's participation 
        in a professional boxing match against another boxer who is 
        under contract to the promoter.
            ``(2) <<NOTE: Applicability.>> This subsection shall only 
        apply to contracts entered into after the date of the enactment 
        of the Muhammad Ali Boxing Reform Act.
            ``(3) No subsequent contract provision extending any rights 
        or compensation covered in paragraph (1) shall be enforceable 
        against a boxer if the effective date of the contract containing

[[Page 114 STAT. 323]]

        such provision is earlier than 3 months before the expiration of 
        the relevant time period set forth in paragraph (1).

    ``(b) Promotional Rights Under Mandatory Bout Contracts.--No boxing 
service provider may require a boxer to grant any future promotional 
rights as a requirement of competing in a professional boxing match that 
is a mandatory bout under the rules of a sanctioning organization.
    ``(c) Protection from Coercive Contracts with Broadcasters.--
Subsection (a) of this section applies to any contract between a 
commercial broadcaster and a boxer, or granting any rights with respect 
to that boxer, involving a broadcast in or affecting interstate 
commerce, regardless of the broadcast medium. For the purpose of this 
subsection, any reference in subsection (a)(1)(B) to `promoter' shall be 
considered a reference to `commercial broadcaster'.

``SEC. 11. <<NOTE: 15 USC 6307c.>> SANCTIONING ORGANIZATIONS.

    ``(a) Objective <<NOTE: Deadline. Guidelines.>> Criteria.--Within 2 
years after the date of the enactment of the Muhammad Ali Boxing Reform 
Act, the Association of Boxing Commissions shall develop and shall 
approve by a vote of no less than a majority of its member State boxing 
commissioners, guidelines for objective and consistent written criteria 
for the ratings of professional boxers. It is the sense of the Congress 
that sanctioning bodies and State boxing commissions should follow these 
ABC guidelines.

    ``(b) Appeals Process.--A sanctioning organization shall not be 
entitled to receive any compensation, directly or indirectly, in 
connection with a boxing match, until it provides the boxers with notice 
that the sanctioning organization shall, within 7 days after receiving a 
request from a boxer questioning that organization's rating of the 
boxer--
            ``(1) provide to the boxer a written explanation of the 
        organization's criteria, its rating of the boxer, and the 
        rationale or basis for its rating (including a response to any 
        specific questions submitted by the boxer); and
            ``(2) submit a copy of its explanation to the Association of 
        Boxing Commissions.

    ``(c) Notification of Change in Rating.--A sanctioning organization 
shall not be entitled to receive any compensation, directly or 
indirectly, in connection with a boxing match, until, with respect to a 
change in the rating of a boxer previously rated by such organization in 
the top 10 boxers, the organization--
            ``(1) posts a copy, within 7 days of such change, on its 
        Internet website or home page, if any, including an explanation 
        of such change, for a period of not less than 30 days; and
            ``(2) provides a copy of the rating change and explanation 
        to an association to which at least a majority of the State 
        boxing commissions belong.

    ``(d) Public Disclosure.--
            ``(1) Federal trade commission filing.--A sanctioning 
        organization shall not be entitled to receive any compensation 
        directly or indirectly in connection with a boxing match unless, 
        not later than January 31 of each year, it submits to the 
        Federal Trade Commission and to the ABC--
                    ``(A) a complete description of the organization's 
                ratings criteria, policies, and general sanctioning fee 
                schedule;
                    ``(B) the bylaws of the organization;

[[Page 114 STAT. 324]]

                    ``(C) the appeals procedure of the organization for 
                a boxer's rating; and
                    ``(D) a list and business address of the 
                organization's officials who vote on the ratings of 
                boxers.
            ``(2) Format; updates.--A sanctioning organization shall--
                    ``(A) provide the information required under 
                paragraph (1) in writing, and, for any document greater 
                than 2 pages in length, also in electronic form; and
                    ``(B) <<NOTE: Notification.>> promptly notify the 
                Federal Trade Commission of any material change in the 
                information submitted.
            ``(3) Federal trade commission to make information available 
        to public.--The Federal Trade Commission shall make information 
        received under this subsection available to the public. The 
        Commission may assess sanctioning organizations a fee to offset 
        the costs it incurs in processing the information and making it 
        available to the public.
            ``(4) Internet alternative.--In lieu of submitting the 
        information required by paragraph (1) to the Federal Trade 
        Commission, a sanctioning organization may provide the 
        information to the public by maintaining a website on the 
        Internet that--
                    ``(A) is readily accessible by the general public 
                using generally available search engines and does not 
                require a password or payment of a fee for full access 
                to all the information;
                    ``(B) contains all the information required to be 
                submitted to the Federal Trade Commission by paragraph 
                (1) in an easy to search and use format; and
                    ``(C) is updated whenever there is a material change 
                in the information.

``SEC. 12. <<NOTE: 15 USC 6307d.>> REQUIRED DISCLOSURES TO STATE BOXING 
            COMMISSIONS BY SANCTIONING ORGANIZATIONS.

    ``A sanctioning organization shall not be entitled to receive any 
compensation directly or indirectly in connection with a boxing match 
until it provides to the boxing commission responsible for regulating 
the match in a State a statement of--
            ``(1) all charges, fees, and costs the organization will 
        assess any boxer participating in that match;
            ``(2) all payments, benefits, complimentary benefits, and 
        fees the organization will receive for its affiliation with the 
        event, from the promoter, host of the event, and all other 
        sources; and
            ``(3) such additional information as the commission may 
        require.

``SEC. 13. <<NOTE: 15 USC 6307e.>> REQUIRED DISCLOSURES FOR PROMOTERS.

    ``(a) Disclosures to the Boxing Commissions.--A promoter shall not 
be entitled to receive any compensation directly or indirectly in 
connection with a boxing match until it provides to the boxing 
commission responsible for regulating the match in a State a statement 
of--
            ``(1) a copy of any agreement in writing to which the 
        promoter is a party with any boxer participating in the match;
            ``(2) a statement made under penalty of perjury that there 
        are no other agreements, written or oral, between the promoter 
        and the boxer with respect to that match; and

[[Page 114 STAT. 325]]

            ``(3)(A) all fees, charges, and expenses that will be 
        assessed by or through the promoter on the boxer pertaining to 
        the event, including any portion of the boxer's purse that the 
        promoter will receive, and training expenses;
            ``(B) all payments, gifts, or benefits the promoter is 
        providing to any sanctioning organization affiliated with the 
        event; and
            ``(C) any reduction in a boxer's purse contrary to a 
        previous agreement between the promoter and the boxer or a purse 
        bid held for the event.

    ``(b) Disclosures to the Boxer.--A promoter shall not be entitled to 
receive any compensation directly or indirectly in connection with a 
boxing match until it provides to the boxer it promotes--
            ``(1) the amounts of any compensation or consideration that 
        a promoter has contracted to receive from such match;
            ``(2) all fees, charges, and expenses that will be assessed 
        by or through the promoter on the boxer pertaining to the event, 
        including any portion of the boxer's purse that the promoter 
        will receive, and training expenses; and
            ``(3) any reduction in a boxer's purse contrary to a 
        previous agreement between the promoter and the boxer or a purse 
        bid held for the event.

    ``(c) Information To Be Available to State Attorney General.--A 
promoter shall make information required to be disclosed under this 
section available to the chief law enforcement officer of the State in 
which the match is to be held upon request of such officer.

``SEC. 14. <<NOTE: 15 USC 6307f.>> REQUIRED DISCLOSURES FOR JUDGES AND 
            REFEREES.

    ``A judge or referee shall not be entitled to receive any 
compensation, directly or indirectly, in connection with a boxing match 
until it provides to the boxing commission responsible for regulating 
the match in a State a statement of all consideration, including 
reimbursement for expenses, that will be received from any source for 
participation in the match.

``SEC. 15. <<NOTE: 15 USC 6307g.>> CONFIDENTIALITY.

Pages: 1 2 Next >>

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