Professional Boxing Amendments Act of 2012 - Amends the Professional Boxing Safety Act of 1996 to: (1) authorize a tribal organization to establish a boxing commission; (2) prohibit arranging, promoting, or fighting in a match unless the match is approved by the United States Boxing Commission (USBC) and held in a state or on tribal land that regulates matches in accordance with USBC standards; (3) require specified pre-fight boxer physical examinations and to require the continuous presence during any match of an ambulance and emergency medical personnel; (4) provide for boxing registration with the appropriate boxing commission of an Indian tribe; (5) require a health and safety disclosure to a boxer when issuing an identification card and to establish procedures for review of a summary suspension; (6) require the USBC to develop guidelines for boxing contracting requirements and for rating professional boxers; (7) require the sanctioning organization for a match and its promoter to provide specified disclosures; (8) prohibit a promoter from arranging a championship match or a match scheduled unless all participating judges and referees are by the USBC; (9) require the USBC to establish and maintain a registry of comprehensive medical records and medical denials or suspensions for every licensed boxer; and (10) apply conflict-of-interest provisions to USBC officers and employees.
Establishes the USBC within the Department of Commerce to: (1) protect the health, safety, and general interests of boxers and to ensure integrity in professional boxing; (2) establish standards for, and issue, suspend, and revoke, boxing licenses; and (3) establish a national computerized registry of boxing personnel.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3306 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3306
To establish a United States Boxing Commission to administer the
Professional Boxing Safety Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2012
Mr. McCain (for himself and Mr. Reid) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a United States Boxing Commission to administer the
Professional Boxing Safety Act of 1996, and for other purposes.
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 2012''.
(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 Act 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 (Public Law 104-272; 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) 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.
``(2) Boxer.--The term `boxer' means an individual who
fights in a professional boxing match.
``(3) Boxing commission.--The term `boxing commission'
means an entity authorized under State or tribal law to
regulate professional boxing matches.
``(4) Boxer registry.--The term `boxer registry' means any
entity certified by the Commission for the purposes of
maintaining records and identification of boxers.
``(5) Boxing service provider.--The term `boxing service
provider' means a promoter, manager, sanctioning body,
licensee, or matchmaker.
``(6) Commission.--The term `Commission' means the United
States Boxing Commission.
``(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 such terms in
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.--
``(A) In general.--Except as provided in
subparagraph (B), the term `professional boxing match'
means a boxing contest held in the United States
between individuals for financial compensation.
``(B) Exception.--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.--
``(A) In general.--Except as provided in
subparagraph (B), the term `promoter' means the person
primarily responsible for organizing, promoting, and
producing a professional boxing match.
``(B) Exception.--The term `promoter' 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 several
States of the United States, the District of Columbia, Puerto
Rico, 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 meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).''.
(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 hereby
repealed.
SEC. 6. SAFETY STANDARDS.
Section 5 (15 U.S.C. 6304) is amended--
(1) in the matter preceding paragraph (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) in paragraph (1), by adding at the end the following:
``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),
as added by paragraph (3), the following:
``(3) Emergency medical personnel with appropriate
resuscitation equipment continuously present on site.''; and
(5) in paragraph (5), as redesignated by paragraph (4), by
striking ``match.'' and inserting ``match in an amount
prescribed by the Commission.''.
SEC. 7. REGISTRATION.
Section 6 (15 U.S.C. 6305) is amended--
(1) in subsection (a)(2), by inserting ``or Indian tribe''
after ``State'' the second place it appears;
(2) in subsection (c)--
(A) by striking the first sentence 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.''; and
(B) in the second sentence, by striking ``should''
and inserting ``shall, at a minimum,''; and
(3) 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) in subsection (a)--
(A) in paragraph (2), by striking ``that, except as
provided in subsection (b), no'' and inserting ``that
no''; and
(B) by striking paragraphs (3) and (4) 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.'';
(2) by striking subsection (b); and
(3) by striking ``(a) Procedures.--''.
SEC. 9. REPORTING.
Section 8 (15 U.S.C. 6307) is amended--
(1) by striking ``48 business hours'' and inserting ``2
business days''; and
(2) by striking ``each boxer registry.'' and inserting
``the Commission.''.
SEC. 10. CONTRACT REQUIREMENTS.
Section 9 (15 U.S.C. 6307a) is amended to read as follows:
``SEC. 9. CONTRACT REQUIREMENTS.
``(a) In General.--The Commission, in consultation with the
Association of Boxing Commissions, shall develop guidelines for minimum
contractual provisions that shall be included in each bout agreement,
boxer-manager contract, and promotional agreement. Each boxing
commission shall ensure that these minimal contractual provisions are
present in any such agreement or contract submitted to it.
``(b) Filing and Approval Requirements.--
``(1) Commission.--A manager or promoter shall submit a
copy of each boxer-manager contract and each promotional
agreement between that manager or promoter and a boxer to the
Commission, and, if requested, to the boxing commission with
jurisdiction over the bout.
``(2) Boxing commission.--A boxing commission may not
approve a professional boxing match unless a copy of the bout
agreement related to that match has been filed with it and
approved by it.
``(c) Bond or Other Surety.--A boxing commission may not approve a
professional boxing match unless the promoter of that match has posted
a surety bond, cashier's check, letter of credit, cash, or other
security with the boxing commission in an amount acceptable to the
boxing commission.''.
SEC. 11. COERCIVE CONTRACTS.
Section 10 (15 U.S.C. 6307b) is amended--
(1) in subsection (a), by striking paragraph (3); and
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``or
Elimination'' after ``Mandatory''; and
(B) by inserting ``or elimination'' after
``mandatory''.
SEC. 12. SANCTIONING ORGANIZATIONS.
(a) In General.--Section 11 (15 U.S.C. 6307c) is amended to read as
follows:
``SEC. 11. SANCTIONING ORGANIZATIONS.
``(a) Objective Criteria.--Not later than 1 year after the date of
the enactment of the Professional Boxing Amendments Act of 2012, the
Commission shall develop guidelines for objective and consistent
written criteria for the rating of professional boxers based on the
athletic merits and professional record of the boxers. Not later than
90 days after the Commission's promulgation of the guidelines, each
sanctioning organization shall adopt the guidelines and commence
following them.
``(b) Notification of Change in Rating.--A sanctioning organization
shall, with respect to a change in the rating of a boxer previously
rated by such organization in the top 10 boxers--
``(1) post a copy, within 7 days after the change, on its
Internet website or home page, if any, including an explanation
of the change, for a period of not less than 30 days;
``(2) provide a copy of the rating change and a thorough
explanation in writing under penalty of perjury to the boxer
and the Commission;
``(3) provide the boxer an opportunity to appeal the
ratings change to the sanctioning organization; and
``(4) apply the objective criteria for ratings required
under subsection (a) in considering any such appeal.
``(c) Challenge of Rating.--If, after disposing with an appeal
under subsection (b)(3), a sanctioning organization receives a petition
from a boxer challenging that organization's rating of the boxer, it
shall (except to the extent otherwise required by the Commission),
within 7 days after receiving the petition--
``(1) provide to the boxer a written explanation under
penalty of perjury of the organization's rating 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 and the Commission for their review.''.
(b) Conforming Amendments.--Section 18(e) (15 U.S.C. 6309(e)) is
amended--
(1) in the subsection heading, by striking ``Federal Trade
Commission,'' and inserting ``United States Boxing
Commission''; and
(2) in paragraph (1), by striking ``Federal Trade
Commission,'' and inserting ``United States Boxing
Commission,''.
SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.
Section 12 (15 U.S.C. 6307d) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting ``Not later than 7 days after the date of a
professional boxing match of 10 rounds or more, the sanctioning
organization, if any, for that match shall provide to the
Commission, and, if requested, to the boxing commission in the
State or on Indian land responsible for regulating the match, a
written statement of--'';
(2) in paragraph (1), by striking ``will assess'' and
inserting ``has assessed, or will assess,''; and
(3) in paragraph (2), by striking ``will receive'' and
inserting ``has received, or will receive,''.
SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS AND BROADCASTERS.
Section 13 (15 U.S.C. 6307e) is amended--
(1) in the section heading, by striking ``promoters.'' and
inserting ``promoters and broadcasters.'';
(2) in subsection (a)--
(A) by striking the matter preceding paragraph (1)
and inserting the following:
``(a) Disclosures to Boxing Commissions and the Commission.--Not
later than 7 days after the date of a professional boxing match of 10
rounds or more, the promoter of any boxer participating in that match
shall provide to the Commission, and, if requested, to the boxing
commission in the State or on Indian land responsible for regulating
the match--'';
(B) in paragraph (1), by striking ``writing,'' and
inserting ``writing, other than a bout agreement
previously provided to the commission,''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``all
fees, charges, and expenses that will be'' and
inserting ``a written statement of all fees,
charges, and expenses that have been, or will
be,'';
(ii) in subparagraph (B), by inserting ``a
written statement of'' before ``all''; and
(iii) in subparagraph (C), by inserting ``a
statement of'' before ``any'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``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'' and inserting the following: ``Not later
than 7 days after the date of a professional boxing
match of 10 rounds or more, the promoter of the match
shall provide to each boxer participating in the bout
or match with whom the promoter has a bout or
promotional agreement a statement of''; and
(B) in paragraph (1), by striking ``match;'' and
inserting ``match, and that the promoter has paid, or
agreed to pay, to any other person in connection with
the match;''; and
(4) by adding at the end the following:
``(d) Required Disclosures by Broadcasters.--
``(1) In general.--A broadcaster that owns the television
broadcast rights for a professional boxing match of 10 rounds
or more shall, not later than 7 days after that match, provide
to the Commission--
``(A) a statement of any advance, guarantee, or
license fee paid or owed by the broadcaster to a
promoter in connection with that match;
``(B) a copy of any contract executed by or on
behalf of the broadcaster with--
``(i) a boxer who participated in that
match; or
``(ii) the boxer's manager, promoter,
promotional company, or other representative or
the owner or representative of the site of the
match; and
``(C) a list identifying sources of income received
from the broadcast of the match.
``(2) Copy to boxing commission.--Upon request from the
boxing commission in the State or Indian land responsible for
regulating a match to which paragraph (1) applies, a
broadcaster shall provide the information described in
paragraph (1) to that boxing commission.
``(3) Confidentiality.--The information provided to the
Commission or to a boxing commission pursuant to this
subsection shall be confidential and not revealed by the
Commission or a boxing commission, except that the Commission
may publish an analysis of the data in aggregate form or in a
manner which does not disclose confidential information about
identifiable broadcasters.
``(4) Television broadcast rights.--In this subsection, the
term `television broadcast rights' means the right to broadcast
the match, or any part thereof, via a broadcast station, cable
service, or multichannel video programming distributor as such
terms are defined in sections 3 and 602 of the Communications
Act of 1934 (47 U.S.C. 153 and 522).''.
SEC. 15. JUDGES AND REFEREES.
(a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
(1) by striking ``No person'' and inserting the following:
``(a) Licensing and Assignment.--No person''; and
(2) in subsection (a), as designated by paragraph (1)--
(A) by striking ``certified and approved'' and
inserting ``selected''; and
(B) by inserting ``or Indian lands'' after
``State''; and
(3) by adding at the end the following:
``(b) Championship and 10-Round Bouts.--In addition to the
requirements of subsection (a), no person may arrange, promote,
organize, produce, or fight in a professional boxing match advertised
to the public as a championship match or in a professional boxing match
scheduled for 10 rounds or more unless all referees and judges
participating in the match have been licensed by the Commission.
``(c) Role of Sanctioning Organization.--A sanctioning organization
may provide a list of judges and referees deemed qualified by that
organization to a boxing commission, but the boxing commission shall
select, license, and appoint the judges and referees participating in
the match.
``(d) Assignment of Nonresident Judges and Referees.--A boxing
commission may assign judges and referees who reside outside that
commission's State or Indian land.
``(e) Required Disclosure.--A judge or referee shall provide to the
boxing commission responsible for regulating a professional boxing
match in a State or on Indian land 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. If the match is scheduled for 10 rounds or more, the judge or
referee shall also provide such a statement to the Commission.''.
(b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is hereby
repealed.
SEC. 16. MEDICAL REGISTRY.
The Act, as amended by section 15, is further amended by inserting
after section 13 (15 U.S.C. 6307e) the following:
``SEC. 14. MEDICAL REGISTRY.
``(a) In General.--The Commission shall establish and maintain, or
certify a third party entity to establish and maintain, a medical
registry that contains comprehensive medical records and medical
denials or suspensions for every licensed boxer.
``(b) Content; Submission.--The Commission shall determine--
``(1) the nature of medical records and medical suspensions
of a boxer that are to be forwarded to the medical registry;
and
``(2) the time within which the medical records and medical
suspensions are to be submitted to the medical registry.
``(c) Confidentiality.--The Commission shall establish
confidentiality standards for the disclosure of personally identifiable
information to boxing commissions that will--
``(1) protect the health and safety of boxers by making
relevant information available to the boxing commissions for
use but not public disclosure; and
``(2) ensure that the privacy of the boxers is
protected.''.
SEC. 17. CONFLICTS OF INTEREST.
Section 17 (15 U.S.C. 6308) is amended--
(1) in subsection (a)--
(A) by striking ``enforces State boxing laws,'' and
inserting ``implements State or tribal boxing laws, no
officer or employee of the Commission,'';
(B) by striking ``belong to,'' and inserting ``hold
office in,''; and
(C) by striking the last sentence; and
(2) by striking subsection (b) and inserting the following:
``(b) Boxers.--A boxer may not own or control, directly or
indirectly, an entity that promotes the boxer's bouts if that entity is
responsible for--
``(1) executing a bout agreement or promotional agreement
with the boxer's opponent; or
``(2) providing any payment or other compensation to--
``(A) the boxer's opponent for participation in a
bout with the boxer;
``(B) the boxing commission that will regulate the
bout; or
``(C) ring officials who officiate at the bout.''.
SEC. 18. ENFORCEMENT.
Section 18 (15 U.S.C. 6309) is amended--
(1) in subsection (a), by striking ``(a) Injunctions.--''
and inserting ``(a) Actions by Attorney General.--'';
(2) in subsection (b)(3), by inserting ``any officer or
employee of the Commission,'' after ``laws,'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``has engaged in or'' after ``organization'';
and
(B) in paragraph (3), by striking ``under
subsection (b)'' and inserting ``under subsection (b),
a civil penalty,''; and
(4) in subsection (d), by striking ``boxer'' and inserting
``person''.
SEC. 19. REPEAL OF DEADWOOD.
Section 20 (15 U.S.C. 6311) is hereby repealed.
SEC. 20. RECOGNITION OF TRIBAL LAW.
Section 22 (15 U.S.C. 6313) is amended--
(1) in the section heading, by inserting ``or tribal''
after ``state''; and
(2) by inserting ``or Indian tribe'' after ``State''.
SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) In General.--The Act is amended by adding at the end the
following:
``TITLE II--UNITED STATES BOXING COMMISSION
``SEC. 201. PURPOSE.
``The purpose of this title is to protect the health, safety, and
welfare of boxers and to ensure fairness in the sport of professional
boxing.
``SEC. 202. UNITED STATES BOXING COMMISSION.
``(a) In General.--The United States Boxing Commission is
established as a commission within the Department of Commerce.
``(b) Members.--
``(1) In general.--The Commission shall consist of 3
members appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--
``(A) In general.--Each member of the Commission
shall be a citizen of the United States who--
``(i) has extensive experience in
professional boxing activities or in a field
directly related to professional sports;
``(ii) is of outstanding character and
recognized integrity; and
``(iii) is selected on the basis of
training, experience, and qualifications and
without regard to political party affiliation.
``(B) Specific qualifications for certain
members.--At least 1 member of the Commission shall be
a former member of a local boxing authority. If
practicable, at least 1 member of the Commission shall
be a physician or other health care professional duly
licensed as such.
``(C) Disinterested persons.--No member of the
Commission may, while serving as a member of the
Commission--
``(i) be engaged as a professional boxer,
boxing promoter, agent, fight manager,
matchmaker, referee, judge, or in any other
capacity in the conduct of the business of
professional boxing;
``(ii) have any pecuniary interest in the
earnings of any boxer or the proceeds or
outcome of any boxing match; or
``(iii) serve as a member of a boxing
commission.
``(3) Bipartisan membership.--Not more than 2 members of
the Commission may be members of the same political party.
``(4) Geographic balance.--Not more than 2 members of the
Commission may be residents of the same geographic region of
the United States when appointed to the Commission. For
purposes of the preceding sentence, the area of the United
States east of the Mississippi River is a geographic region,
and the area of the United States west of the Mississippi River
is a geographic region.
``(5) Terms.--
``(A) In general.--The term of a member of the
Commission shall be 3 years.
``(B) Reappointment.--Members of the Commission may
be reappointed to the Commission.
``(C) Midterm vacancies.--A member of the
Commission appointed to fill a vacancy in the
Commission occurring before the expiration of the term
for which the member's predecessor was appointed shall
be appointed for the remainder of that unexpired term.
``(D) Continuation pending replacement.--A member
of the Commission may serve after the expiration of
that member's term until a successor has taken office.
``(6) Removal.--A member of the Commission may be removed
by the President only for cause.
``(c) Executive Director.--
``(1) In general.--The Commission shall employ an Executive
Director to perform the administrative functions of the
Commission under this Act, and such other functions and duties
of the Commission as the Commission shall specify.
``(2) Discharge of functions.--Subject to the authority,
direction, and control of the Commission the Executive Director
shall carry out the functions and duties of the Commission
under this Act.
``(d) General Counsel.--The Commission shall employ a General
Counsel to provide legal counsel and advice to the Executive Director
and the Commission in the performance of its functions under this Act,
and to carry out such other functions and duties as the Commission
shall specify.
``(e) Staff.--The Commission shall employ such additional staff as
the Commission considers appropriate to assist the Executive Director
and the General Counsel in carrying out the functions and duties of the
Commission under this Act.
``(f) Compensation.--
``(1) Members of commission.--
``(A) In general.--Each member of the Commission
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which such member is
engaged in the performance of the duties of the
Commission.
``(B) Travel expenses.--The members of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Commission.
``(2) Executive director and staff.--The Commission shall
fix the compensation of the Executive Director, the General
Counsel, and other personnel of the Commission. The rate of pay
for the Executive Director, the General Counsel, and other
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
``SEC. 203. FUNCTIONS.
``(a) Primary Functions.--The primary functions of the Commission
are--
``(1) to protect the health, safety, and general interests
of boxers consistent with the provisions of this Act; and
``(2) to ensure uniformity, fairness, and integrity in
professional boxing.
``(b) Specific Functions.--The Commission shall--
``(1) administer title I of this Act;
``(2) promulgate uniform standards for professional boxing
in consultation with the Association of Boxing Commissions;
``(3) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United States;
``(4) work with the boxing commissions of the several
States and tribal organizations--
``(A) to improve the safety, integrity, and
professionalism of professional boxing in the United
States;
``(B) to enhance physical, medical, financial, and
other safeguards established for the protection of
professional boxers; and
``(C) to improve the status and standards of
professional boxing in the United States;
``(5) ensure, in cooperation with the Attorney General (who
shall represent the Commission in any judicial proceeding under
this Act), the chief law enforcement officer of the several
States, and other appropriate officers and agencies of Federal,
State, and local government, that Federal and State laws
applicable to professional boxing matches in the United States
are vigorously, effectively, and fairly enforced;
``(6) review boxing commission regulations for professional
boxing and provide assistance to such authorities in meeting
minimum standards prescribed by the Commission under this
title;
``(7) serve as the coordinating body for all efforts in the
United States to establish and maintain uniform minimum health
and safety standards for professional boxing;
``(8) if the Commission determines it to be appropriate,
publish a newspaper, magazine, or other publication and
establish and maintain a website consistent with the purposes
of the Commission;
``(9) procure the temporary and intermittent services of
experts and consultants to the extent authorized by section
3109(b) of title 5, United States Code, at rates the Commission
determines to be reasonable; and
``(10) promulgate rules, regulations, and guidance, and
take any other action necessary and proper to accomplish the
purposes of, and consistent with, the provisions of this title.
``(c) Prohibitions.--The Commission may not--
``(1) promote boxing events or rank professional boxers; or
``(2) provide technical assistance to, or authorize the use
of the name of the Commission by, boxing commissions that do
not comply with requirements of the Commission.
``(d) Use of Name.--The Commission shall have the exclusive right
to use the name `United States Boxing Commission'. Any person who,
without the permission of the Commission, uses that name or any other
exclusive name, trademark, emblem, symbol, or insignia of the
Commission for the purpose of inducing the sale or exchange of any
goods or services, or to promote any exhibition, performance, or
sporting event, shall be subject to suit in a civil action by the
Commission for the remedies provided in the Act of July 5, 1946
(commonly known as the `Trademark Act of 1946'; 15 U.S.C. 1051 et
seq.).
``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
``(a) Licensing.--
``(1) Requirement for license.--No person may compete in a
professional boxing match or serve as a boxing manager, boxing
promoter, or sanctioning organization for a professional boxing
match except as provided in a license granted to that person
under this subsection.
``(2) Application and term.--
``(A) In general.--The Commission shall--
``(i) establish application procedures,
forms, and fees;
``(ii) establish and publish appropriate
standards for licenses granted under this
section; and
``(iii) issue a license to any person who,
as determined by the Commission, meets the
standards established by the Commission under
this title.
``(B) Duration.--A license issued under this
section shall be for a renewable--
``(i) 4-year term for a boxer; and
``(ii) 2-year term for any other person.
``(C) Procedure.--The Commission may issue a
license under this paragraph through boxing commissions
or in a manner determined by the Commission.
``(b) Licensing Fees.--
``(1) Authority.--The Commission may prescribe and charge
reasonable fees for the licensing of persons under this title
in amounts the Commission determines necessary to meet the
Commission's cost of administering this Act. The Commission may
set, charge, and adjust varying fees on the basis of
classifications of persons, functions, and events determined
appropriate by the Commission.
``(2) Limitations.--In setting and charging fees under
paragraph (1), the Commission shall ensure that, to the maximum
extent practicable--
``(A) club boxing is not adversely affected;
``(B) sanctioning organizations and promoters pay
comparatively the largest portion of the fees; and
``(C) boxers pay as small a portion of the fees as
is possible.
``(3) Collection.--Fees established under this subsection
may be collected through boxing commissions or by any other
means determined appropriate by the Commission.
``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.
``(a) Requirement for Registry.--The Commission shall establish and
maintain (or authorize a third party to establish and maintain) a
unified national computerized registry for the collection, storage, and
retrieval of information related to the performance of its duties.
``(b) Contents.--The information in the registry shall include the
following:
``(1) Boxers.--A list of professional boxers and data in
the medical registry established under section 114 of this Act,
which the Commission shall secure from disclosure in accordance
with the confidentiality requirements of section 114(c).
``(2) Other personnel.--Information (pertinent to the sport
of professional boxing) on boxing promoters, boxing
matchmakers, boxing managers, trainers, cut men, referees,
boxing judges, physicians, and any other personnel determined
by the Commission as performing a professional activity for
professional boxing matches.
``SEC. 206. CONSULTATION REQUIREMENTS.
``The Commission shall consult with the Association of Boxing
Commissions--
``(1) before prescribing any regulation or establishing any
standard under the provisions of this title; and
``(2) not less than once each year regarding matters
relating to professional boxing.
``SEC. 207. MISCONDUCT.
``(a) Suspension and Revocation of License or Registration.--
``(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any license issued
under this title if the Commission finds that--
``(A) the license holder has violated any provision
of this Act;
``(B) there are reasonable grounds for belief that
a standard prescribed by the Commission under this
title is not being met, or that bribery, collusion,
intentional losing, racketeering, extortion, or the use
of unlawful threats, coercion, or intimidation have
occurred in connection with a license; or
``(C) the suspension or revocation is necessary for
the protection of health and safety or is otherwise in
the public interest.
``(2) Period of suspension.--
``(A) In general.--A suspension of a license under
this section shall be effective for a period determined
appropriate by the Commission except as provided in
subparagraph (B).
``(B) Suspension for medical reasons.--In the case
of a suspension or denial of the license of a boxer for
medical reasons by the Commission, the Commission may
terminate the suspension or denial at any time that a
physician certifies that the boxer is fit to
participate in a professional boxing match. The
Commission shall prescribe the standards and procedures
for accepting certifications under this subparagraph.
``(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period of
not less than 1 year.
``(b) Investigations and Injunctions.--
``(1) Authority.--The Commission may--
``(A) conduct any investigation that it considers
necessary to determine whether any person has violated,
or is about to violate, any provision of this Act or
any regulation prescribed under this Act;
``(B) require or permit any person to file with it
a statement in writing, under oath or otherwise as the
Commission shall determine, as to all the facts and
circumstances concerning the matter to be investigated;
``(C) in its discretion, publish information
concerning any violations; and
``(D) investigate any facts, conditions, practices,
or matters to aid in the enforcement of the provisions
of this Act, in the prescribing of regulations under
this Act, or in securing information to serve as a
basis for recommending legislation concerning the
matters to which this Act relates.
``(2) Powers.--
``(A) In general.--For the purpose of any
investigation under paragraph (1) or any other
proceeding under this title--
``(i) any officer designated by the
Commission may administer oaths and
affirmations, subpoena or otherwise compel the
attendance of witnesses, take evidence, and
require the production of any books, papers,
correspondence, memoranda, or other records the
Commission considers relevant or material to
the inquiry; and
``(ii) the provisions of sections 6002 and
6004 of title 18, United States Code, shall
apply.
``(B) Witnesses and evidence.--The attendance of
witnesses and the production of any documents under
subparagraph (A) may be required from any place in the
United States, including Indian land, at any designated
place of hearing.
``(3) Enforcement of subpoenas.--
``(A) Civil action.--In case of contumacy by, or
refusal to obey a subpoena issued to, any person, the
Commission may file an action in any district court of
the United States within the jurisdiction of which an
investigation or proceeding is carried out, or where
that person resides or carries on business, to enforce
the attendance and testimony of witnesses and the
production of books, papers, correspondence,
memorandums, and other records. The court may issue an
order requiring the person to appear before the
Commission to produce records, if so ordered, or to
give testimony concerning the matter under
investigation or in question.
``(B) Failure to obey.--Any failure to obey an
order issued by a court under subparagraph (A) may be
punished as contempt of that court.
``(C) Process.--All process in any contempt case
under subparagraph (A) may be served in the judicial
district in which the person is an inhabitant or in
which the person may be found.
``(4) Evidence of criminal misconduct.--
``(A) In general.--No person may be excused from
attending and testifying or from producing books,
papers, contracts, agreements, and other records and
documents before the Commission, in obedience to the
subpoena of the Commission, or in any cause or
proceeding instituted by the Commission, on the ground
that the testimony or evidence, documentary or
otherwise, required of that person may tend to
incriminate the person or subject the person to a
penalty or forfeiture.
``(B) Limited immunity.--No individual may be
prosecuted or subject to any penalty or forfeiture for,
or on account of, any transaction, matter, or thing
concerning the matter about which that individual is
compelled, after having claimed a privilege against
self-incrimination, to testify or produce evidence,
documentary or otherwise, except that the individual so
testifying shall not be exempt from prosecution and
punishment for perjury committed in so testifying.
``(5) Injunctive relief.--If the Commission determines that
any person is engaged or about to engage in any act or practice
that constitutes a violation of any provision of this Act, or
of any regulation prescribed under this Act, the Commission may
bring an action in the appropriate district court of the United
States, the United States District Court for the District of
Columbia, or the United States courts of any territory or other
place subject to the jurisdiction of the United States, to
enjoin the act or practice, and upon a proper showing, the
court shall grant without bond a permanent or temporary
injunction or restraining order.
``(6) Mandamus.--Upon application of the Commission, the
district courts of the United States, the United States
District Court for the District of Columbia, and the United
States courts of any territory or other place subject to the
jurisdiction of the United States, shall have jurisdiction to
issue writs of mandamus commanding any person to comply with
the provisions of this Act or any order of the Commission.
``(c) Intervention in Civil Actions.--
``(1) In general.--The Commission, on behalf of the public
interest, may intervene of right as provided under rule 24(a)
of the Federal Rules of Civil Procedure in any civil action
relating to professional boxing filed in a district court of
the United States.
``(2) Amicus filing.--The Commission may file a brief in
any action filed in a court of the United States on behalf of
the public interest in any case relating to professional
boxing.
``(d) Hearings by Commission.--Hearings conducted by the Commission
under this Act shall be public and may be held before any officer of
the Commission. The Commission shall keep appropriate records of the
hearings.
``SEC. 208. NONINTERFERENCE WITH BOXING COMMISSIONS.
``(a) Noninterference.--Nothing in this Act prohibits any boxing
commission from exercising any of its powers, duties, or functions with
respect to the regulation or supervision of professional boxing or
professional boxing matches to the extent not inconsistent with the
provisions of this Act.
``(b) Minimum Standards.--Nothing in this Act prohibits any boxing
commission from enforcing local standards or requirements that exceed
the minimum standards or requirements promulgated by the Commission
under this Act.
``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.
``Any employee of any executive department, agency, bureau, board,
commission, office, independent establishment, or instrumentality may
be detailed to the Commission, upon the request of the Commission, on a
reimbursable or nonreimbursable basis, with the consent of the
appropriate authority having jurisdiction over the employee. While so
detailed, an employee shall continue to receive the compensation
provided pursuant to law for the employee's regular position of
employment and shall retain, without interruption, the rights and
privileges of that employment.
``SEC. 210. REPORTS.
``(a) Annual Report.--Not less frequently than once each year, the
Commission shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report on its activities. The annual
report shall include--
``(1) a detailed discussion of the activities of the
Commission for the year covered by the report; and
``(2) an overview of the licensing and enforcement
activities of the State and tribal organization boxing
commissions.
``(b) Public Report.--Not less frequently than once each year, the
Commission shall issue and publicize a report of the Commission on the
progress made at Federal and State levels and on Indian lands in the
reform of professional boxing, which shall include comments on issues
of continuing concern to the Commission.
``(c) First Annual Report on the Commission.--The first annual
report under this title shall be submitted not later than 2 years after
the effective date of this title.
``SEC. 211. INITIAL IMPLEMENTATION.
``(a) Temporary Exemption.--The requirements for licensing under
this title do not apply to a person for the performance of an activity
as a boxer, boxing judge, or referee, or the performance of any other
professional activity in relation to a professional boxing match, if
the person is licensed by a boxing commission to perform that activity
as of the effective date of this title.
``(b) Expiration.--The exemption under subsection (a) with respect
to a license issued by a boxing commission expires on the earlier of--
``(1) the date on which the license expires; or
``(2) the date that is 2 years after the date of the
enactment of the Professional Boxing Amendments Act of 2012.
``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated for the
Commission for each fiscal year such sums as may be necessary for the
Commission to perform its functions for that fiscal year.
``(b) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any fee collected under
this title--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
fee is imposed;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
``(3) shall remain available until expended.''.
(b) Conforming Amendments.--
(1) PBSA.--The Act is further amended--
(A) by amending section 1 to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Professional
Boxing Safety Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.
``TITLE I--PROFESSIONAL BOXING SAFETY
``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to State boxing commissions by
sanctioning organizations.
``Sec. 111. Required disclosures by promoters and broadcasters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on Indian lands.
``Sec. 118. Relationship with State or Tribal law.
``TITLE II--UNITED STATES BOXING COMMISSION
``Sec. 201. Purpose.
``Sec. 202. United States Boxing Commission.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with boxing commissions.
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';
(B) by inserting before section 3 the following:
``TITLE I--PROFESSIONAL BOXING SAFETY'';
(C) by redesignating sections 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as
sections 101 through 118, respectively;
(D) in section 113, as redesignated--
(i) by striking subsection (a) and
inserting the following:
``(a) In General.--Except to the extent required in a legal,
administrative, or judicial proceeding, a boxing commission, an
Attorney General, or the Commission may not disclose to the public any
matter furnished by a promoter under section 111.'';
(ii) in subsection (b), by striking
``section 13'' and inserting ``section 111'';
(E) in section 116, as redesignated--
(i) in subsection (b)--
(I) in paragraph (1), by striking
``9(b), 10, 11, 12, 13, 14, or 16,''
and inserting ``107, 108, 109, 110,
111, or 114,'';
(II) in paragraph (2), by striking
``9(b), 10, 11, 12, 13, 14, or 16'' and
inserting ``107, 108, 109, 110, 111, or
114''; and
(III) in paragraph (3), by striking
``section 17(a)'' and inserting
``section 115(a)''; and
(ii) in subsection (e)(3), by striking
``section 10'' and inserting ``section 108'';
and
(F) in sections 101 through 120, as redesignated,
by striking ``of this Act'' each place it appears and
inserting ``of this title''.
(2) Compensation of members.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Members of the United States Boxing Commission.''.
SEC. 22. STUDY AND REPORT ON DEFINITION OF PROMOTER.
(a) Study.--The United States Boxing Commission shall conduct a
study on how the term ``promoter'' should be defined for purposes of
the Professional Boxing Safety Act, as redesignated by section
21(b)(1)(A).
(b) Hearings.--As part of that study, the Commission shall hold
hearings and solicit testimony at those hearings from boxers, managers,
promoters, premium, cable, and satellite program service providers,
hotels, casinos, resorts, and other commercial establishments that host
or sponsor professional boxing matches, and other interested parties
with respect to the definition of that term as it is used in the
Professional Boxing Safety Act, as so redesignated.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the study
conducted under subsection (a). The report shall--
(1) set forth a proposed definition of the term
``promoter'' for purposes of the Professional Boxing Safety
Act, as redesignated; and
(2) describe the findings, conclusions, and rationale of
the Commission for the proposed definition, together with any
recommendations of the Commission, based on the study.
SEC. 23. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of enactment
of this Act.
(b) 1-Year Delay for Certain Title II Provisions.--Sections 205
through 212 of the Professional Boxing Safety Act (as redesignated by
section 21(b)(1)(A)), as added by section 21(a), shall take effect 1
year after the date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4240-4241)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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