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] ...
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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