Home > 108th Congressional Bills > S. 275 (rfh) To amend the Professional Boxing Safety Act of 1996, and to establish the United States Boxing Administration. [Referred in House] ...

S. 275 (rfh) To amend the Professional Boxing Safety Act of 1996, and to establish the United States Boxing Administration. [Referred in House] ...


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108th CONGRESS
  1st Session
                                 S. 275

 To amend the Professional Boxing Safety Act of 1996, and to establish 
                the United States Boxing Administration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2003

Mr. McCain (for himself and Mr. Dorgan) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Professional Boxing Safety Act of 1996, and to establish 
                the United States Boxing Administration.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Professional 
Boxing Amendments Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

        Sec. 1. Short title; table of contents.
        Sec. 2. Amendment of Professional Boxing Safety Act of 1996.
        Sec. 3. Definitions.
        Sec. 4. Purposes.
        Sec. 5. USBA approval, or ABC or commission sanction, required 
                            for matches.
        Sec. 6. Safety standards.
        Sec. 7. Registration.
        Sec. 8. Review.
        Sec. 9. Reporting.
        Sec. 10. Contract requirements.
        Sec. 11. Coercive contracts.
        Sec. 12. Sanctioning organizations.
        Sec. 13. Required disclosures by sanctioning organizations.
        Sec. 14. Required disclosures by promoters.
        Sec. 15. Judges and referees.
        Sec. 16. Medical registry.
        Sec. 17. Conflicts of interest.
        Sec. 18. Enforcement.
        Sec. 19. Repeal of deadwood.
        Sec. 20. Recognition of tribal law.
        Sec. 21. Establishment of United States Boxing Administration.
        Sec. 22. Effective date.

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.).

SEC. 3. DEFINITIONS.

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

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Administration.--The term `Administration' means the 
        United States Boxing Administration.
            ``(2) Bout agreement.--The term `bout agreement' means a 
        contract between a promoter and a boxer which requires the 
        boxer to participate in a professional boxing match with a 
        designated opponent on a particular date.
            ``(3) Boxer.--The term `boxer' means an individual who 
        fights in a professional boxing match.
            ``(4) Boxing commission.--The term `boxing commission' 
        means an entity authorized under State or tribal law to 
        regulate professional boxing matches.
            ``(5) Boxer registry.--The term `boxer registry' means any 
        entity certified by the Association of Boxing Commissions for 
        the purposes of maintaining records and identification of 
        boxers.
            ``(6) Boxing service provider.--The term `boxing service 
        provider' means a promoter, manager, sanctioning body, 
        licensee, or matchmaker.
            ``(7) Contract provision.--The term `contract provision' 
        means any legal obligation between a boxer and a boxing service 
        provider.
            ``(8) Indian lands; indian tribe.--The terms `Indian lands' 
        and `Indian tribe' have the meanings given those terms by 
        paragraphs (4) and (5), respectively, of section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703).
            ``(9) Licensee.--The term `licensee' means an individual 
        who serves as a trainer, second, or cut man for a boxer.
            ``(10) Local boxing authority.--The term `local boxing 
        authority' means--
                    ``(A) any agency of a State, or of a political 
                subdivision of a State, that has authority under the 
                laws of the State to regulate professional boxing; and
                    ``(B) any agency of an Indian tribe that is 
                authorized by the Indian tribe or the governing body of 
                the Indian tribe to regulate professional boxing on 
                Indian lands.
            ``(11) Manager.--The term `manager' means a person who, 
        under contract, agreement, or other arrangement with a boxer, 
        undertakes to control or administer, directly or indirectly, a 
        boxing-related matter on behalf of that boxer, including a 
        person who is a booking agent for a boxer.
            ``(12) Matchmaker.--The term `matchmaker' means a person 
        that proposes, selects, and arranges the boxers to participate 
        in a professional boxing match.
            ``(13) Physician.--The term `physician' means a doctor of 
        medicine legally authorized to practice medicine by the State 
        in which the physician performs such function or action.
            ``(14) Professional boxing match.--The term `professional 
        boxing match' means a boxing contest held in the United States 
        between individuals for financial compensation. The term 
        `professional boxing match' does not include a boxing contest 
        that is regulated by a duly recognized amateur sports 
        organization, as approved by the Administration.
            ``(15) Promoter.--
                    ``(A) In general.--The term `promoter' means the 
                person responsible for organizing, promoting, and 
                producing a professional boxing match.
                    ``(B) Non-application to certain entities.--The 
                term `promoter' does not include a premium or other 
                cable or satellite program service, hotel, casino, 
                resort, or other commercial establishment hosting or 
                sponsoring a professional boxing match unless it--
                            ``(i) is responsible for organizing, 
                        promoting, and producing the match; and
                            ``(ii) has a promotional agreement with a 
                        boxer in that match.
                    ``(C) Entities engaging in promotional activities 
                through an affiliate.--Notwithstanding subparagraph 
                (B), an entity described in that subparagraph shall be 
                considered to be a promoter if the person responsible 
                for organizing, promoting, and producing a professional 
                boxing match--
                            ``(i) is directly or indirectly under the 
                        control of, under common control with, or 
                        acting at the direction of that entity; and
                            ``(ii) organizes, promotes, and produces 
                        the match at the direction or request of the 
                        entity.
            ``(16) Promotional agreement.--The term `promotional 
        agreement' means a contract between any person and a boxer 
        under which the boxer grants to that person the right to secure 
        and arrange all professional boxing matches requiring the 
        boxer's services for--
                    ``(A) a prescribed period of time; or
                    ``(B) a prescribed number of professional boxing 
                matches.
            ``(17) State.--The term `State' means each of the 50 
        States, Puerto Rico, the District of Columbia, and any 
        territory or possession of the United States, including the 
        Virgin Islands.
            ``(18) Effective date of the contract.--The term `effective 
        date of the contract' means the day upon which a boxer becomes 
        legally bound by the contract.
            ``(19) Sanctioning organization.--The term `sanctioning 
        organization' means an organization, other than a boxing 
        commission, that sanctions professional boxing matches, ranks 
        professional boxers, or charges a sanctioning fee for 
        professional boxing matches in the United States--
                    ``(A) between boxers who are residents of different 
                States; or
                    ``(B) that are advertised, otherwise promoted, or 
                broadcast (including closed circuit television) in 
                interstate commerce.
            ``(20) Suspension.--The term `suspension' includes within 
        its meaning the revocation of a boxing license.
            ``(21) 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)).''.
    (b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is amended 
to read as follows:

``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.
    ``(b) Contract With a Boxing Commission.--A tribal organization 
that does not establish a boxing commission shall execute a contract 
with the Association of Boxing Commissions, or a boxing commission that 
is a member of the Association of Boxing Commissions, to regulate any 
professional boxing match held on Indian land under the jurisdiction of 
that tribal organization. If the match is regulated by the Association 
of Boxing Commissions, the match shall be regulated in accordance with 
the guidelines established by the United States Boxing Administration. 
If the match is regulated by a boxing commission from a State other 
than the State within the borders of which the Indian land is located, 
the match shall be regulated in accordance with the applicable 
requirements of the State where the match is held.
    ``(c) Standards and Licensing.--A tribal organization that 
establishes a boxing commission shall, by tribal ordinance or 
resolution, establish and provide for the implementation of health and 
safety standards, licensing requirements, and other requirements 
relating to the conduct of professional boxing matches that are at 
least as restrictive as--
            ``(1) the otherwise applicable requirements of the State in 
        which the Indian land on which the professional boxing match is 
        held is located; or
            ``(2) the guidelines established by the United States 
        Boxing Administration.''.

SEC. 4. PURPOSES.

    Section 3(2) (15 U.S.C. 6302(2)) is amended by striking `State'.

SEC. 5. USBA 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:

``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--
            ``(1) is approved by the Administration; and
            ``(2) is supervised by the Association of Boxing 
        Commissions or by a boxing commission that is a member of the 
        Association of Boxing Commissions.
    ``(b) Approval Presumed.--For purposes of subsection (a), the 
Administration shall be presumed to have approved any match other 
than--
            ``(1) a match with respect to which the Administration has 
        been informed of an alleged violation of this Act and with 
        respect to which it has notified the supervising boxing 
        commission that it does not approve;
            ``(2) a match advertised to the public as a championship 
        match; or
            ``(3) a match scheduled for 10 rounds or more.
    ``(c) Notification; Assurances.--Each promoter who intends to hold 
a professional boxing match in a State that does not have a boxing 
commission shall, not later than 14 days before the intended date of 
that match, provide assurances in writing to the Administration and the 
supervising boxing commission that all applicable requirements of this 
Act will be met with respect to that professional boxing match.''.
    (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is repealed.

SEC. 6. SAFETY STANDARDS.

    Section 5 (15 U.S.C. 6304) is amended--
            (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:'';
            (2) by adding at the end of paragraph (1) ``The examination 
        shall include testing for infectious diseases in accordance 
        with standards established by the Administration.'';
            (3) by striking paragraph (2) and inserting the following:
            ``(2) An ambulance continuously present on site.'';
            (4) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively, and inserting after paragraph (2) 
        the following:
            ``(3) Emergency medical personnel with appropriate 
        resuscitation equipment continuously present on site.''; and
            (5) by striking ``match.'' in paragraph (5), as 
        redesignated, and inserting ``match in an amount prescribed by 
        the Administration.''.

SEC. 7. REGISTRATION.

    Section 6 (15 U.S.C. 6305) is amended--
            (1) by inserting ``or Indian tribe'' after ``State'' the 
        second place it appears in subsection (a)(2);
            (2) by striking the first sentence of subsection (c) and 
        inserting ``A boxing commission shall, in accordance with 
        requirements established by the Administration, make a health 
        and safety disclosure to a boxer when issuing an identification 
        card to that boxer.'';
            (3) by striking ``should'' in the second sentence of 
        subsection (c) and inserting ``shall, at a minimum,''; and
            (4) by adding at the end the following:
    ``(d) Copy of Registration To Be Sent to Administration.--A boxing 
commission shall furnish a copy of each registration received under 

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