Home > 108th Congressional Bills > S. 275 (rs) To amend the Professional Boxing Safety Act of 1996, and to establish the United States Boxing Administration. [Reported in Senate] ...S. 275 (rs) To amend the Professional Boxing Safety Act of 1996, and to establish the United States Boxing Administration. [Reported in Senate] ...
108th CONGRESS
2d Session
S. 275
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2004
Referred to the Committee on Education and the Workforce, and in
addition to the Committee on Energy and Commerce for a period to be
subsequently determined by the Speaker, in each case fo consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
AN ACT
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 2004''.
(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. United States Boxing Commission 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 and broadcasters.
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 Commission.
Sec. 22. Study and report on definition of promoter.
Sec. 23. 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) Commission.--The term `Commission' means the United
States Boxing Commission.
``(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.
``(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 Commission 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, corner man, second, or cut man for a
boxer.
``(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.
``(11) Matchmaker.--The term `matchmaker' means a person
that proposes, selects, and arranges for boxers to participate
in a professional boxing match.
``(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.
``(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.
``(14) Promoter.--The term `promoter'--
``(A) means the person primarily responsible for
organizing, promoting, and producing a professional
boxing match; but
``(B) does not include a hotel, casino, resort, or
other commercial establishment hosting or sponsoring a
professional boxing match unless--
``(i) the hotel, casino, resort, or other
commercial establishment is primarily
responsible for organizing, promoting, and
producing the match; and
``(ii) there is no other person primarily
responsible for organizing, promoting, and
producing the match.
``(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--
``(A) the boxer who is to participate in the match
or matches; or
``(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.
``(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.
``(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--
``(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.
``(18) Suspension.--The term `suspension' includes within
its meaning the temporary revocation of a boxing license.
``(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)).''.
(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) 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 Commission.
``(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.''.
SEC. 4. PURPOSES.
Section 3(2) (15 U.S.C. 6302(2)) is amended by striking ``State''.
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:
``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 Commission; and
``(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.
``(b) Approval Presumed.--
``(1) In general.--For purposes of subsection (a), the
Commission shall be presumed to have approved any match other
than--
``(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;
``(B) a match advertised to the public as a
championship match;
``(C) a match scheduled for 10 rounds or more; or
``(D) a match in which 1 of the boxers has--
``(i) suffered 10 consecutive defeats in
professional boxing matches; or
``(ii) has been knocked out 5 consecutive
times in professional boxing matches.
``(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--
``(A) the Commission has delegated its approval
authority with respect to that match to a boxing
commission; and
``(B) the boxing commission has approved the match.
``(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.''.
(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 Commission.'';
(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 Commission.''.
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 Commission, 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 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.''.
SEC. 8. REVIEW.
Section 7 (15 U.S.C. 6306) is amended--
(1) by striking ``that, except as provided in subsection
(b), no'' in subsection (a)(2) and inserting ``that no'';
(2) by striking paragraphs (3) and (4) of subsection (a)
and inserting the following:
``(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.'';
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