[Senate Report 108-47]
[From the U.S. Government Publishing Office]
Calendar No. 98
108th Congress Report
1st Session SENATE 108-47
_________________________________________________________________
THE PROFESSIONAL BOXING ACT AMENDMENTS OF 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 275
May 14, 2003.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON :
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 98
108th Congress Report
SENATE
1st Session 108-47
======================================================================
THE PROFESSIONAL BOXING ACT AMENDMENTS OF 2003
_______
May 14, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 275]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 275) to amend the Professional
Boxing Safety Act of 1996, and to establish the United States
Boxing Administration, having considered the same, reports
favorably thereon and recommends that the bill (as amended) do
pass.
Purpose of the Bill
S. 275 would amend the Professional Boxing Safety Act of 1996
(15 U.S.C. 6301 et seq.), as amended by the Muhammad Ali Boxing
Reform Act of 2000 (Pub. L. 106-210), to strengthen existing
Federal boxing laws by standardizing certain health and safety
requirements, establishing a centralized medical registry to be
used by local boxing commissions to protect boxers, reducing
arbitrary practices within the boxing industry, and providing
uniformity in ranking criteria and contractual guidelines. The
bill also would establish a Federal entity, the United States
Boxing Administration (USBA), to promulgate minimum uniform
standards for professional boxing and enforce Federal boxing
laws.
Background and Needs
Professional boxing is the only major sport in the United
States that does not have a strong, centralized association or
league to establish and enforce uniform rules and practices.
There is no widely-established union of boxers, no collective
body of promoters or managers, and no consistent level of
regulation among State or tribal athletic commissions. This
vacuum of effective public or private oversight has contributed
to decades of scandals, controversies, and unethical practices
in professional boxing, in addition to gaps in health and
safety protections for boxers.
The professional boxing industry is regulated on a State-by-
State basis, which results in varying degrees of oversight
depending on the will and resources of each State or tribal
organization's athletic commission or boxing regulatory office.
Due to the lack of uniform business practices or ethical
standards, the sport of boxing has suffered from the physical
and financial exploitation of its athletes.
Specific examples of business misconduct in boxing include:
promoters deducting large percentages of a boxer's purse for
their own use; promoters coercing boxers into signing long-
term, onerous contracts as a condition for competing; promoters
forcing boxers to hire an associate or relative of the
promoter; and illegitimate ratings systems wherein sanctioning
organizations rank boxers and award ``championship titles''
based on boxers' personal connections rather than win/loss
records. Under the current system, business relationships
between promoters and sanctioning organizations largely take
precedence over the athletic merits of fighters.
In 1996, the Professional Boxing Safety Act (PBSA) was
enacted (P.L. 104-272). The PBSA was a bipartisan measure that
sought to establish a minimum level of health and safety
requirements to protect the welfare of professional boxers.
Prior to the PBSA, while many States had boxing laws on the
books, others did not require any public oversight of boxing,
and the absence of enforcement of regulations resulted in
fraudulent bouts, the exploitation of boxers, and a lack of
adequate medical services at many events.
The PBSA, among other things, requires State athletic
commissions to oversee all professional boxing events;
prohibits medically-suspended fighters from participating in
boxing events; assures that States are aware if a fighter has
been suspended in another State; requires adequate medical
services to be available at ringside; and requires all boxers
to be given an identification card issued by their State
commission. The PBSA also includes a conflict-of-interest
provision that prohibits State commissioners from receiving
compensation from business interests in the industry.
In 1998, Congress sought to further reform the professional
boxing industry. The Senate passed another bipartisan measure,
the Muhammad Ali Boxing Reform Act (Muhammad Ali Act), but the
House did not act on it. The legislation was reintroduced
during the 106th Congress, approved by the House and Senate,
and signed into law in May 2000 (P.L. 106-210). The Muhammad
Ali Act is designed to protect the rights and welfare of
professional boxers by preventing exploitative, oppressive, and
unethical business practices; to assist State boxing
commissions in providing more effective public oversight of the
sport; and to promote honorable competition to enhance the
overall integrity of the boxing industry.
Unfortunately, both the PBSA (as amended by the Muhammad Ali
Act) and State laws have not been adequately enforced by
Federal and State law enforcement officials. The primary
reasons for this lack of enforcement have been either a lack of
resources in Federal and State budgets or simply a lack of
interest.
An area of particular concern with the professional boxing
industry involves the role and conduct of sanctioning
organizations. Rather than having a single, internationally-
recognized ``Heavyweight Champion'', or ``Welterweight
Champion'', etc., there arenow more than a half dozen such
``champions'' in each weight class as determined by a variety of boxing
ratings organizations. The most prominent are the World Boxing Council
(WBC), based in Mexico City; the World Boxing Association (WBA), based
in Venezuela; the International Boxing Federation (IBF), based in New
Jersey; and the World Boxing Union (WBU), based in England. Each of
these organizations operates independently, and often their ratings are
subjective judgments about the relative skills of boxers. In effect,
they compete with one another, commonly ignoring the highly-rated boxer
of a competing sanctioning body in order to promote their own
``champion'' and top contenders. Sanctioning organizations fund their
activities by charging boxers 3-5 percent of their purse as a
sanctioning fee.
Sanctioning organizations are continuously criticized by
members of the boxing industry, sportswriters, and boxing fans
for diminishing the legitimacy of the title, ``world
champion,'' and ranking boxers based on financial agreements
rather than the skills of the fighters. These practices by
sanctioning organizations often prevent boxing fans from seeing
the best fighters compete in each weight division. The Muhammad
Ali Act addressed this manipulation of ratings by requiring
that sanctioning organizations annually disclose their ratings
policies and bylaws by either posting the information on their
websites or filing it with the Federal Trade Commission.
Summary of Provisions
S. 275 would amend the PBSA to: (1) establish and maintain a
confidential (except for the use by boxing commissions) medical
registry that contains comprehensive medical records and
medical suspension information for every licensed professional
boxer; (2) make uniform certain ``safety standards'' for all
boxing commissions, including testing for infectious diseases
(e.g., hepatitis) and the requirement that emergency medical
personnel and an ambulance be continually present at all
professional boxing matches; (3) require promoters to post some
form of security (e.g., performance bond, cashiers check, etc.)
with the appropriate boxing commission prior to a match to
ensure payment of purse monies to boxers who participate and
are contractually entitled to receive it; (4) make several
changes to definitions, including modifying the term ``boxing
commission'' to include tribal organizations, and the term
``promoter'' to include television service providers only if
they are, in fact, functioning as promoters; (5) authorize
tribal organizations to establish boxing commissions as long as
a certain level of safety standards and other requirements are
established; (6) mandate that sanctioning organizations adopt
and follow ratings guidelines/criteria; (7) require that judges
and referees be assigned for each match by the appropriate
boxing commission without interference from sanctioning
organizations; (8) require a newly-created regulatory entity,
in consultation with the Association of Boxing Commissions
(ABC), to develop guidelines for minimal contractual provisions
that should be included in all bout agreements and boxer/
manager contracts; and (9) require more stringent financial
disclosures (within a specified period) by promoters and
sanctioning organizations.
S. 275 also would create the United States Boxing
Administration (USBA), a Federal entity located within the
Department of Labor, to regulate professional boxing. The USBA
would be headed by an Administrator, appointed by the President
and approved by the Senate. It also would have an Assistant
Administrator and General Counsel. Additional staffing needs
would be determined by the Administration.
The USBA's primary functions would be to protect the health,
safety, and general interests of boxers. The USBA, among other
things, would oversee and administer Federal boxing laws, and
work with those who participate in professional boxing to
improve the sport. The USBA would promulgate minimum uniform
standards for boxing (in consultation with the ABC and
sanctioning organizations). The USBA also would ensure, through
the U.S. Attorney General and the chief law enforcement officer
of a State, that Federal and State boxing laws are vigorously,
effectively, and fairly enforced. The USBA would require all
boxers to be licensed every 4 years, as is currently required
under the Federal Identification system, but also would require
all promoters, managers, and sanctioning organizations to be
licensed by the USBA every 2 years. The USBA would be
authorized to charge reasonable fees for licensing and all fees
and fines collected by the USBA would be deposited in a
revolving fund to be used to offset the USBA's annual
appropriation. After notice and opportunity for a hearing, the
USBA would be permitted to suspend or revoke any license issued
under the PBSA if it finds that an unlawful act has occurred,
there are reasonable grounds to believe that a USBA standard is
not being met, or action is necessary to protect the health or
safety of a boxer. The USBA also would be granted authority to
conduct investigations, issue subpoenas, administer oaths and
affirmations, require the production of information, and seek
injunctions to further the purposes of the PBSA.
The USBA would maintain a unified national computerized
registry for collecting, storing, and retrieving information
related to professional boxing. The USBA would be required to
consult with local boxing commissions before establishing any
regulation or standard under the PBSA; local commissions would
be required to meet USBA standards or exceed them. The USBA
would be required to submit to Congress an annual report
containing a detailed description of its activities, as well as
progress made at Federal and State levels and on tribal lands
to reform professional boxing.
Legislative History
On February 4, 2003, Senators McCain and Dorgan introduced S.
275, which was subsequently co-sponsored by Senator Stevens.
The Committee on Commerce, Science, and Transportation held a
full committee hearing on February 5, 2003, to examine what
effect current Federal boxing law has had on the professional
boxing industry and what, if anything, is necessary to further
improve the sport and the enforcement of the law. The hearing
also addressed the growing role of television service providers
in the sport of professional boxing. Those who testified
acknowledged that while such television companies sustain the
sport and are necessary in that respect, they also may be at
times acting as de facto promoters andshould be subject to the
same requirements that other promoters must satisfy.
Witnesses at the hearing included: Bernard Hopkins
(Middleweight champion), Ross Greenburg (President, HBO
Sports), Thomas Hauser (columnist and author), Bert Sugar
(boxing historian and author), and Patrick Panella (Maryland
Athletic Commission, who testified on behalf of the Association
of Boxing Commissions (ABC)). All who testified agreed that the
strengthening of current boxing laws and a Federal regulatory
entity to oversee the sport are needed.
On March 13, 2003, the Committee met in open executive
session to consider an amendment in the nature of a substitute
to S. 275 offered by Senators McCain, Dorgan, and Stevens. The
amendment was adopted, and the bill was ordered to be reported
as amended, by voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed estimate of S. 275, the Professional
Boxing Amendments Act of 2003.
If you wish further details on this estimate, we will be
pleased to proved them. The CBO staff contacts are Alexis
Ahlstrom (for Federal costs), Leo Lex (for the State and local
impact), and Paige Piper/Bach (for the private-sector impact).
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 275--Professional Boxing Amendments Act of 2003
Summary: S. 275 would establish the United States Boxing
Administration (USBA) within the Department of Labor. The
administration would protect the safety and interests of
boxers, and govern the business of professional boxing by
regulating boxing contracts, licensing and registering boxing
participants, and issuing guidelines for ranking boxers.
Assuming the appropriation of the necessary amounts, CBO
estimates that implementing S. 275 would cost $7 million in
2004 and $34 million over the 2004-2013 period. (Those amounts
reflect adjustments for anticipated inflation.)
S. 275 also would make violations of certain provisions of
the Professional Boxing Safety Act of 1996 Federal crimes. CBO
estimates that his provisions would not have a significant
effect on direct spending or revenues.
By placing requirements on boxing commissions run by State
and tribal governments, S. 275 would impose intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
CBO estimates that the cost of those of those mandates would
not be significant and would not exceed the threshold
established in the law ($59 million in 2003, adjusted annually
for inflation).
S. 275 would impose several private-sector mandates, as
defined by UMRA, on the boxing industry. CBO estimates that the
total direct cost of those mandates would fall below the annual
threshold established by UMRA for private-sector mandates ($117
million in 2003, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 275 is shown in the following table. The
costs of this legislation fall within budget function 550
(health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Estimated authorization level \2\.................................. 8 8 7 6 6
Estimated outlays.................................................. 7 8 7 6 6
----------------------------------------------------------------------------------------------------------------
\1\ S. 275 also could increase direct spending and revenues, but CBO estimates that any such effects would be
less than $500,000 a year.
\2\ Includes adjustments for anticipated inflation.
Basis of estimate
CBO estimates that implementing S. 275 would cost $34
million over the 2004-2008 period, assuming appropriation of
the necessary amounts. For this estimate, we assume the bill
will be enacted this summer and that the estimated
authorization amounts will be appropriated for each year
beginning in fiscal year 2004. Enacting the bill also could
increase both direct spending and revenues, but the amounts of
any such changes would not be significant.
Spending subject to appropriation
S. 275 would authorize the appropriation of such sums as
necessary for establishing a boxing administration to regulate
professional boxing matches and those individuals involved in
the sport. This new regulator would monitor would cost $7
million in 2004 and $34 million over the 2004-2008 period,
assuming appropriation of the necessary amounts.
Currently, tribal and state boxing commissions act as
governing bodies--issuing licenses, ensuring boxing safety, and
monitoring boxing contracts and fights within their
jurisdiction. The USBA would not replace these entities or the
activities they undertake, although the bill would specific the
minimum safety standards and licensing requirements those
entities must maintain. S. 275 would create a separate, Federal
entity to govern the sport of boxing, with national, minimal
standards and requirements for the business of professional
boxing.
United States Boxing Administration. S. 275 would create
the USBA within the Department of Labor. It would be headed by
an administrator to be named by the President. In addition to
that position, the bill would allow the hiring of the necessary
staff to fulfill the requirements of the bill. The USBA would
issue regulations concerning the ranking of boxers by
sanctioning organizations, minimum safety standards for boxing
matches, minimum contractual requirements, and other issues.
The bill also would require the USBA to monitor compliance with
issued regulations (including onsite checks of compliance with
health and safety standards). In addition, the USBA would have
to process submitted contracts for boxing matches and approve
certain types of boxing matches they would occur.
CBO estimates that the USBA would employ about 30 people
(including 3 senior executives, about 20 people at the GS-12 or
GS-13 level, and less than 10 support staff) to write
regulations, inspect boxing matches, and establish and maintain
the registries, among other activities. Assuming the
appropriation of the necessary amounts, CBO estimates the cost
of salaries and other benefits for these individuals would be
$3 million in 2004 and $18 million over the 2004-2008 period.
In addition to those costs, CBO estimates the cost of leasing
office space, travel to and from matches, office equipment, and
other costs would be $1 million in 2003 and $6 million over the
2004-2008 period.
Licensing and Registration. S. 275 would require the USBA
to license boxers, managers, and promoters every two to four
years. CBO assumes that license fees would be similar to those
now currently charged by boxing commissions. The bill would
require the USBA to maintain a registry with the names of
licensed boxers, managers, and promoters, as well as boxing
judges and referees. Based on spending for similar registries,
CBO estimates the cost of developing the boxing registry would
be $2 million over the 2004-2007 period, assuming the
appropriation of the necessary amount. CBO estimates that the
licensing fees (considered offsetting collections) would offset
the cost of maintaining the registry by 2007.
The bill also would establish a medical registry that would
contain information about the health of each boxer, including
medical records and incidents of medical suspensions. CBO
estimates that developing and maintaining the medical registry
would cost about $2 million in 2004 and $8 million over the
2004-2008 period, assuming the appropriation of the necessary
amounts.
Boxer-Safety Provisions. S. 275 would establish minimum
safety standards for boxing matches. The bill would require
that boxers the tested for infections diseases prior
tocompeting. The bill would require disclosure of potential injuries to
all boxers at the time of registry with a boxing commission.
Professional boxing officials have indicated that these activities are
generally current practice, but the USBA would have to monitor
compliance with these provisions. The estimated cost of monitoring
boxer health and safety is included above in the cost of establishing
the USBA.
Direct spending and revenues
The bill would allow the Attorney General of the United
States to pursue criminal actions against certain persons in
violation of the statute. The law already allows criminal
prosecution of managers, promoters, matchmakers, and licensees.
Because those prosecuted and convicted under S. 275 could be
subject to criminal fines, the federal government might collect
additional fines if the bill is enacted. Collections of such
fines are recorded in the budget as governmental receipts
(revenues), which are deposited in the Crime Victims Fund and
spent in subsequent years. CBO expects that any additional
receipts and direct spending would be less than $500,000 each
year.
Estimated impact on State, local, and tribal governments:
S. 275 contains intergovernmental mandates as defined in UMRA,
because state and tribal boxing commissions would be required
to meet certain health and safety standards and reporting
requirements. Currently, most boxing commissions maintain a
certain level of health and safety standards. This bill would
make those standards uniform. It would require boxers to be
tested for infectious disease and require commissions to make
health and safety disclosures to boxers when they are
registered, as well as expand safety requirements for boxing
matches. Boxing commissions would be required to report all
registries of boxers to the USBA and to meet uniform standards
to be set by the administration.
Information from tribes involved in professional boxing and
from the Association of Boxing Commissions indicates that many
state and tribal boxing commissions already regulate boxing
matches using standards similar to those that would be required
by this bill. CBO therefore expects any costs associated with
additional health and safety measures and other USBA reporting
requirements to be minimal.
S. 275 also would give the USBA authority to subpoena
witnesses and evidence from any place in the United States,
including Indian land. This authority would be considered a
mandate under UMRA, but would not be likely to impose
significant costs.CBO estimates that the cost of complying with
all of the intergovernmental mandates in the bill would not be
significant, and thus would not exceed the threshold established in
UMRA ($59 million in 2003, adjusted annually for inflation).
Estimated impact on the private sector: S. 275 would impose
several private-sector mandates, as defined by UMRA, on the
boxing industry. CBO estimates that the total direct cost of
those mandates would fall below the annual threshold
established by UMRA for private-sector mandates ($117 million
in 2003, adjusted annually for inflation).
The bill would require boxers, managers, promoters, and
sanctioning organizations to be licensed by the USBA
established in the bill. According to representatives of the
boxing industry, license fees would most likely cost the
industry less than $1 million per year.
The bill also would impose mandates on the industry by
requiring additional safety standards, standard clauses for
contracts, and the filing of reports. The bill would require
boxers, managers, promoters, and sanctioning organizations to
meet certain uniform standards addressing the health and safety
of boxers. The bill would require certain contract provisions
to be included in each bout agreement, boxer-manager contract,
and promotional agreement, and would require those agreements
to be filed with the USBA. Sanctioning organizations would be
required to adopt guidelines to be promulgated by the USBA for
the rating of professional boxers. Under the bill, promoters,
judges, referees, and sanctioning organizations would be
required to report certain information about boxing matches to
the USBA. Based on information from the Department of Labor and
representatives of the boxing industry, a majority of the
industry already complies in large part with the above
requirements under state boxing commission regulations.
Therefore, CBO estimates that the incremental cost for the
boxing industry to comply with those mandates would fall well
below the annual threshold.
In addition, entities in the private sector, if subpoenaed,
would be required to attend and provide testimony, evidence, or
materials related to any investigations the USBA may conduct.
Such a requirement would be a private-sector mandate under
UMRA. CBO expects the commission would likely exercise its
subpoena power sparingly and that the costs to comply with a
subpoena would not be significant.
Estimate prepared by: Federal costs: Alexis Ahlstrom;
impact on State, local, and tribal governments: Leo Lex; impact
on the private sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The legislation would apply to professional boxers, local
boxing commissions, boxing promoters, boxing managers, boxing
judges and referees, ringside physicians, boxing registries,
and sanctioning organizations, as well as premium or other
cable or satellite program service providers, casinos, hotels,
resorts, and other commercial establishments that may act as
promoters. The legislation would not apply to amateur boxing.
ECONOMIC IMPACT
The economic impact of this legislation is expected to be
minimal.
PRIVACY
The impact on the personal privacy of the persons covered by
this legislation is expected to be minimal. The USBA, in
establishing and maintaining a medical registry for all
licensed professional boxers, is directed to take appropriate
action to ensure the confidentiality of such records.
PAPERWORK
The impact on paperwork is difficult to determine prior to
the formation of the USBA. Local boxing commissions may be
required by the USBA to perform minimal processing of licensing
and boxing data.
Section-by-Section Analysis
Section 1. Short title; table of contents
Section 1 would provide that this Act may be cited as the
``Professional Boxing Amendments Act of 2003.'' This section
also provides a table of contents for this Act.
Section 2. Amendment of Professional Boxing Safety Act of 1996
Section 2 would provide that all references to amendments to,
or repeal of, certain sections, are to be considered to be made
to a section or other provision of the Professional Boxing
Safety Act of 1996 (PBSA) (15 U.S.C. 6301 et seq.).
Section 3. Definitions
Subsection (a) would amend section 2 of the PBSA by providing
several changes to definitions. Most notable, the term ``boxing
commission'' would be revised to include entities authorized
under tribal law to regulate professional boxing. Only State
commissions are considered ``boxing commissions'' under current
law. The term ``promoter'' would be modified to exclude a
premium or other cable or satellite program service, hotel,
casino, resort, or other commercial establishment, unless the
premium or other cable or satellite program service, hotel,
casino, resort, or other commercial establishment has a
promotional agreement with a boxer in the match, and there is
no other person responsible for organizing, promoting, or
producing the match engaging as an affiliate of the premium or
other cable or satellite program service, hotel, casino,
resort, or other commercial establishment.
Subsection (b) would amend section 21 of the PBSA with
respect to professional boxing matches conducted on Indian
lands. This provision would provide authority to a tribal
organization to establish a boxing commission to regulate
professional boxing held on tribal land. Should a tribal
organization establish a boxing commission, the standards
adopted by the tribal organization should be at least as
restrictive as the requirements of the State in which the
tribal organization is located, or the guidelines established
by the USBA.
Section 4. Purposes
Section 4 would amend section 3(2) of the PBSA by striking
``State'' in ``State boxing commissions'' to allow tribal
organizations to be included as boxing commissions.
Section 5. USBA approval, or ABC or Commission sanction, required for
matches
Section 5 would amend section 4 of the PBSA to provide that
no person may arrange, promote, organize, produce, or fight in
a professional boxing match in the United States without
approval by the USBA and supervision by the ABC or by a boxing
commission that is a member of the ABC in good standing.
Approval by the USBA is presumed unless the USBA has been
informed of a violation of the PBSA and has notified the
supervising boxing commission that it does not approve, the
match is advertised as a championship match, or the match is
scheduled for 10 rounds or more.
Section 6. Safety standards
Section 6 would amend section 5 of the PBSA to require that
the physical examination currently required by the PBSA include
testing for infectious diseases in accordance with standards
established by the USBA. This section also would require that
an ambulance and medical personnel with appropriate
resuscitation equipment be continuously present on the site of
professional boxing matches. Current law requires that either
an ambulance or medical personnel with appropriate
resuscitation equipment be on site.
Section 7. Registration
Section 7 would amend section 6 of the PBSA to require that
State and tribal boxing commissions provide professional boxers
with a health and safety disclosure when issuing a boxer a
federal identification card currently required under the PBSA.
Such disclosure is currently not required, but rather is merely
a ``Sense of the Congress'' in the PBSA. This section also
would require that boxing commissions furnish to the USBA a
copy of each professional boxer's registration, as well as the
registrations of boxing promoters, managers, and sanctioning
organizations.
Section 8. Review
Section 8 would amend section 7 of the PBSA to clarify the
appeal procedure should a boxing commission impose a summary
suspension on a professional boxer. Current law creates an
inference that, not only must a boxing commission establish
appeal procedures regarding the suspension of a boxer, but it
also must establish procedures to enable a boxer to have a
second hearing regarding the revocation of the suspension. This
section would clarify the intent of the current law and require
that a boxing commission establish procedures to provide a
hearing in the event a boxer seeks to contest the imposition of
a summary suspension.
Section 9. Reporting
Section 9 would amend section 8 of the PBSA by requiring that
supervising boxing commissions report the results of a
professional boxing match to the USBA within 2 business days.
Under current law, supervising boxing commissions must report
results to each boxer registry not later than 48 business
hours.
Section 10. Contract requirements
Section 10 would amend section 9 of the PBSA.
Subsection (a) would authorize the USBA, in consultation with
the ABC, to develop minimum contractual provisions to be
included in all bout agreements, boxer-manager contracts, and
promotional agreements. Boxing commissions would be required to
ensure that these minimum provisions are included in any such
agreements or contracts.
Subsection (b) would require managers or promoters to submit
a copy of each boxer-manager contract and each promotional
agreement between the manager or promoter and the boxer to the
USBA. This subsection also would prohibit a boxing commission
from approving a professional boxing match unless a copy of the
bout agreement related to the match is filed with and approved
by the commission.
Subsection (c) would prohibit a boxing commission from
approving a professional boxing match unless the promoter of
that match posts a surety bond, cashier's check, letter of
credit, cash, or other security acceptable to the boxing
commission. This is intended to ensure that the boxer is paid
at the conclusion of each match.
Section 11. Coercive contracts
This section would amend section 10 of the PBSA to establish
minimum contractual guidelines for bout agreements, boxer-
manager contracts, and promotional agreements.
Section 12. Sanctioning organizations
Section 12 would amend section 11 of the PBSA.
Subsection (a) would require within 1 year after the date of
enactment, the USBA, in consultation with the ABC, develop
guidelines for written criteria for rating professional boxers
based on their athletic merits. Within 90 days of the
promulgation of the guidelines, each sanctioning organization
would be required to adopt and comply with the guidelines.
Subsection (b) would require sanctioning organizations, when
making ratings changes, to post, within 7 days and for a period
of not less than 30 days, a copy of the new ratings on its
Internet website or homepage with an explanation of the change
posted for a period of not less than 30 days, provide a copy of
the rating change and an explanation to the boxer and the USBA,
provide the boxer an opportunity to appeal the ratings change,
and apply the ratings guidelines required under subsection (a)
of this section.
Subsection (c) would require sanctioning organizations that
receive inquiries from boxers challenging ratings decisions to
provide to the boxer, within 7 days, a written explanation of
the sanctioning organizations rating criteria, its rating of
the boxer, and its rationale or basis for its rating, and
submit a copy of its explanation to the ABC and the USBA.
Section 13. Required disclosures by sanctioning organizations
Section 13 would amend section 12 of the PBSA, which bars a
sanctioning organization from receiving compensation from a
boxing match until it provides the supervising boxing
commission with a statement of fees assessed to the fighter or
received for the fight. This section would be modified to
require sanctioning organizations to provide, within 7 days
after a professional boxing match of 10 rounds or more, a
statement of all fees that a sanctioning organization ``has
assessed, or will assess'' to any boxer in the match, a
statement of fees that a sanctioning organization ``has
received, or will receive'' from all sources affiliated with a
boxing event, and any other information that the supervising
boxing commission may require.
Section 14. Required disclosures by promoters
Section 14 would amend section 13 of the PBSA, which bars a
promoter from receiving compensation from a boxing match until
it provides the supervising boxing commission with certain
financial information regarding the match. This section would
be amended to require promoters to provide to the supervising
boxing commission, within 7 days after a professional boxing
match of 10 rounds or more, that same financial information.
This section also would require promoters to make similar
financial disclosures to each boxer in the match within 7 days
after a professional boxing match of 10 rounds or more,
including what the promoter has paid, or has agreed to pay, to
any other person in connection with the match.
Section 15. Judges and referees
Section 15 would amend section 16 of the PBSA.
Subsection (a) would require that no person may arrange,
promote, organize, produce, or fight in a professional match
unless the referees and judges participating in the match have
been ``selected'' by the supervising boxing commission. Current
law requires that all referees and judges participating in the
match are ``certified and approved'' by the supervising boxing
commission.
Subsection (b) would require, in addition to subsection (a),
that no person may arrange, promote, organize, produce, or
fight in a professional match advertised to the public as a
championship match or in a match scheduled for 10 rounds or
more unless the referees and judges participating in the match
have been licensed by the USBA.
Subsection (c) would prohibit sanctioning organizations from
influencing, directly or indirectly, the selection of judges
and referees but would allow the organizations to provide a
list of judges or referees that the sanctioning organization
deems qualified.
Subsection (d) would permit a supervising boxing commission
to select judges and referees who reside outside a commission's
jurisdiction, but only if the judges or referees are licensed
by a boxing commission in the United States.
Subsection (e) would require that a judge or referee provide
to a supervising boxing commission 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. This statement also would be
provided to the USBA if the match is scheduled for 10 rounds or
more.
Section 16. Medical registry
Section 16 would create a new section 14 in the PBSA.
Subsection (a) would require that the USBA, in consultation
with the ABC, establish and maintain, or certify a third party
to establish and maintain, a medical registry to contain the
comprehensive medical records and medical denials or
suspensions for every licensed boxer in the United States.
Subsection (b) would direct the USBA to determine the nature
of the medical records to be forwarded to the USBA and the time
within which they are to be submitted to the registry.
Subsection (c) would require the USBA to establish
confidentiality standards for the disclosure of personally-
identifiable information to boxing commissions to ensure that
the information is used for the intended purpose, which is to
protect the health and safety of professional boxers, and that
it is not publicly disclosed.
Section 17. Conflicts of interest
Section 17 would amend section 17(a) of the PBSA by including
officers and employees of the USBA in the current list of
persons who may not ``belong to, contract with, or receive any
compensation from, any person who sanctions, arranges, or
promotes professional boxing matches or who otherwise has a
financial interest in an active boxer currently registered with
a boxer registry.''
Section 18. Enforcement
Section 18 would amend section 18 of the PBSA. Under the
PBSA, the United States Attorney General has the authority to
bring a civil action in the appropriate district court to
prevent or punish a violation of the PBSA. This section would
expand that authority to include criminal actions. This section
also would make officers and employees of the USBA subject to
civil or criminal action for violation of the PBSA. This
section would allow the chief law enforcement officer of a
State to bring an action if that officer has reason to believe
that a person ``has engaged in, or is engaging'' in conduct
that violates the PBSA. Current law only allows the chief law
enforcement officer of a State to act while the violator is
engaging in, but not after, the unlawful conduct.
Section 19. Repeal of deadwood
Section 19 would repeal section 20 of the PBSA, which
required the Secretary of Labor to conduct a study on the
feasibility and cost of a national pension system for
professional boxers and report the results to Congress. Section
20 of the PBSA also required the Secretary of Health and Human
Services ``to conduct a study to develop recommendations for
health, safety, and equipment standards for boxers and for
professional boxing matches.'' These requirements are no longer
necessary.
Section 20. Recognition of tribal law
Section 20 would amend section 22 of the PBSA by allowing
tribal organizations, not just States, to adopt or enforce
supplemental or more stringent laws or regulations not
inconsistent with the PBSA, or criminal, civil, or
administrative fines for violations of such laws or
regulations.
Section 21. Establishment of United States Boxing Administration
Subsection (a) would amend the PBSA by adding a new title II
establishing the USBA, as follows:
Section 201. Purpose
This section states that the purpose of the USBA is to
protect the health, safety, and welfare of boxers and to ensure
fairness in the sport of professional boxing.
Section 202. Establishment of United States Boxing Administration
This section would establish the United States Boxing
Administration as an administration within the Department of
Labor.
Subsection (a) would provide for the USBA to be headed by an
Administrator, appointed by the President, by and with the
advice and consent of the Senate. This subsection also would
provide that the qualifications of the Administrator shall
include experience in professional boxing or professional
sports, outstanding character, U.S. citizenship, and his/her
selection would be without regard to political party
affiliation. The subsection also would establish the term of
the Administrator to be for a 4-year period.
Subsection (b) would provide that the USBA also shall have an
Assistant Administrator and a General Counsel.
Subsection (c) would provide that the USBA may have staff
necessary to carry out the function of the Administration.
Section 203. Functions
Subsection (a) would provide the primary functions of the
USBA.
Subsection (b) lists the specific functions of the USBA.
Subsection (c) would provide that the USBA may not promote
boxing events or rank professional boxers, or provide technical
assistance to, or authorize the use of the name of the USBA by,
boxing commissions that do not comply with the requirements of
the USBA.
Subsection (d) would provide that the USBA shall have the
exclusive right to the name ``United States Boxing
Administration.'' This subsection also provides that any person
who uses the name, USBA, without permission is subject to a
civil action by the Administration under the Trademark Act of
1946.
Section 204. Licensing and registration of boxing personnel
Subsection (a) would require that boxers, managers,
promoters, and sanctioning organizations be licensed by the
USBA to participate in a professional boxing match. The USBA
shall establish procedures and fees for applying for, granting,
and issuing licenses. Licenses issued by the USBA would be for
4-year periods for professional boxers and 2-year periods for
any other person. The USBA may issue licenses through State and
tribal boxing commissions.
Subsection (b) would authorize the USBA to prescribe and
charge reasonable licensing fees. In setting fees, this
subsection cautions that, to the maximum extent possible, the
USBA should ensure that club boxing is not adversely affected,
sanctioning organizations and promoters pay the largest portion
of the fees, and boxers pay as small a portion as possible. The
USBA may collect fees through boxing commissions.
Section 205. National registry of boxing personnel
Subsection (a) would require the USBA, in consultation with
the ABC, to establish (or certify a third party to establish) a
national registry of boxing personnel. This registry is to
include relevant information about boxers, as well as
information on promoters, matchmakers, managers, trainers, cut
men, referees, judges, physicians, and any other professional
boxing personnel deemed appropriate by the USBA.
Section 206. Consultation requirements
This section would require the USBA to consult with boxing
commissions before prescribing any regulation or establishing
any standard, and not less than once each year regarding
matters related to professional boxing.
Section 207. Misconduct
Subsection (a) would authorize the USBA, after notice and
opportunity for a hearing, to suspend or revoke any license
issued under this title if the USBA finds that such action is
necessary to protect health and safety or is otherwise in the
public interest; there are reasonable grounds to believe that a
USBA standard is not being met or that certain criminal acts
have occurred; or the licensee has violated a provision of the
PBSA. The USBA would determine the period of suspension. In the
case of a revocation of the license of a boxer, the revocation
would be for a period of not less than one year.
Subsection (b) would authorize the USBA to conduct
investigations and seek injunctions to further the purposes of
the PBSA. This subsection also would authorize the USBA to
subpoena, administer oaths and affirmations, and require the
production of information.
Subsection (c) would authorize the USBA to intervene or file
an amicus brief on behalf of the public interest in any civil
action relating to professional boxing filed in a United States
district court.
Subsection (d) would require that hearings conducted by the
USBA be public and may be held before any officer of the USBA
or before a boxing commission that is a member of the ABC.
Section 208. Noninterference with local boxing authorities
Subsection (a) would provide that nothing in this title shall
prohibit any boxing commission from exercising its powers,
duties, or functions with respect to the regulation or
supervision of professional boxing to the extent such exercises
are not inconsistent with this title.
Subsection (b) would provide that nothing in this title
prohibits any boxing commission from enforcing local standards
or requirements that exceed those promulgated by the USBA.
Section 209. Assistance from other agencies
This section would authorize the USBA to request that any
employee of a Federal entity be detailed to the USBA on a
reimbursable or nonreimbursable basis with the relevant
entity's consent.
Section 210. Reports
Subsection (a) would require the USBA to submit an annual
report to the Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce. The report shall include a detailed
discussion of the activities of the USBA and an overview of the
licensing and enforcement activities of boxing commissions.
Subsection (b) would require the USBA to publish and
publicize an annual report regarding the progress made to
reform professional boxing at the Federal and State levels,
including on Indian lands, and comment on continuing concerns
of the USBA.
Subsection (c) would require that the first annual report be
submitted not later than 2 years after the effective date of
this title.
Section 211. Initial implementation
Subsection (a) would provide that the licensing requirements
of this title do not apply to boxers, judges or referees, or
any other activity in relation to professional boxing, if the
person is licensed by a boxing commission to perform that
activity as of the effective date of this title.
Subsection (b) would provide that the exemption in subsection
(a) expires on the earlier of the date on which the license
expires, or the date that is 2 years after the date of
enactment of this legislation.
Section 212. Authorization of appropriations
Subsection (a) would authorize such sums as may be necessary
to be appropriated to the USBA for each fiscal year such sums
as may be necessary to perform its functions for that fiscal
year.
Subsection (b) would provide that any fee collected under
this title be credited as offsetting collections to the account
that finances the USBA.
Subsection (c) would provide several conforming amendments.
Section 22. Effective date
Subsection (a) would provide that, except as provided in
subsection (b), the amendments made by this legislation will
take effect on the date of enactment of this legislation.
Subsection (b) would provide that sections 205 through 212 of
the PBSA as added by section 21 (a) of this legislation, will
take effect 1 year after the date of enactment of this
legislation.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
PROFESSIONAL BOXING SAFETY ACT OF 1996
[15 U.S.C. 6301 et seq.]
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Professional Boxing Safety
Act of 1996''.]
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:
Section 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.
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 Administration
Sec. 201. Purpose.
Sec. 202. Establishment of United States Boxing Administration.
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 local boxing authorities.
Sec. 209. Assistance from other agencies.
Sec. 210. Reports.
Sec. 211. Initial implementation.
Sec. 212. Authorization of appropriations.
[SEC. 2. DEFINITIONS. [15 U.S.C. 6301]
[For purposes of this Act:
[(1) Boxer.--The term ``boxer'' means an individual
who fights in a professional boxing match.
[(2) Boxing commission.--(A) The term ``boxing
commission'' means an entity authorized under State law
to regulate professional boxing matches.
[(3) 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.
[(4) Licensee.--The term ``licensee'' means an
individual who serves as a trainer, second, or cut man
for a boxer.
[(5) Manager.--The term ``manager'' means a person
who receives compensation for service as an agent or
representative of a boxer.
[(6) Matchmaker.--The term ``matchmaker'' means a
person that proposes, selects, and arranges the boxers
to participate in a professional boxing match.
[(7) 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.
[(8) Professional boxing match.--The term
``professional boxing match'' means a boxing contest
held in the United States between individuals for
financial compensation. Such term does not include a
boxing contest that is regulated by an amateur sports
organization.
[(9) Promoter.--The term ``promoter'' means the
person primarily responsible for organizing, promoting,
and producing a professional boxing match. The term
``promoter'' does notinclude a hotel, casino, resort,
or other commercial establishment hosting or sponsoring a professional
boxing match unless--
[(A) the hotel, casino, resort, or other
commercial establishment is primarily
responsible for organizing, promoting, and
producing the match; and
[(B) there is no other person primarily
responsible for organizing, promoting, and
producing the match.
[(10) 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.
[(11) 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.
[(12) Boxing service provider.--The term ``boxing
service provider'' means a promoter, manager,
sanctioning body, licensee, or matchmaker.
[(13) Contract provision.--The term ``contract
provision'' means any legal obligation between a boxer
and a boxing service provider.
[(14) Sanctioning organization.--The term
``sanctioning organization'' means an organization that
sanctions 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.
[(15) Suspension.--The term ``suspension'' includes
within its meaning the revocation of a boxing license.]
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 that
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 Administration 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 for 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) 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.
(19) Suspension.--The term ``suspension'' includes
within its meaning the temporary revocation of a boxing
license.
(20) 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)).
TITLE I--PROFESSIONAL BOXING SAFETY
SEC. [3.] 101. PURPOSES. [15 U.S.C. 6302]
The purposes [of this Act] of this title are--
(1) to improve and expand the system of safety
precautions that protects the welfare of professional
boxers; and
(2) to assist [State] boxing commissions to provide
proper oversight for the professional boxing industry
in the United States.
[SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. [15
U.S.C. 6303]
[(a) No person may arrange, promote, organize, produce, or
fight in a professional boxing match held in a State that does
not have a boxing commission unless the match is supervised by
a boxing commission from another State and subject to the most
recent version of the recommended regulatory guidelines
certified and published by the Association of Boxing
Commissions as well as any additional relevant professional
boxing regulations and requirements of such other State.
[(b) For the purpose [of this Act] of this title, if no State
commission is available to supervise a boxing match according
to subsection (a), then--
[(1) the match may not be held unless it is
supervised by an association of boxing commissions to
which at least a majority of the States belong; and
[(2) any reporting or other requirement relating to a
supervising commission allowed under this section.]
SEC. [4.] 102. 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
in good standing 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]
of this title 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.
SEC. [5.] 103. SAFETY STANDARDS. [15 U.S.C. 6304]
No person may arrange, promote, organize, produce, or fight
in a professional boxing match without meeting each of the
following [requirements or an alternative requirement in effect
under regulations of a boxing commission that provides
equivalent protection of the health and safety of boxers:]
requirements:
(1) A physical examination of each boxer by a
physician certifying whether or not the boxer is
physically fit to safely compete, copies of which must
be provided to the boxing commission. The examination
shall include testing for infectious diseases in
accordance with standards established by the
Administration.
[(2) Except as otherwise expressly provided under
regulation of a boxing commission promulgated
subsequent to the enactment of this Act, an ambulance
or medical personnel with appropriate resuscitation
equipment continuously present on site.]
(2) An ambulance continuously present on site.
(3) Emergency medical personnel with appropriate
resuscitation equipment continuously present on site.
[(3)] (4) A physician continuously present at
ringside.
[(4)] (5) Health insurance for each boxer to provide
medical coverage for any injuries sustained in the
[match.] match in an amount prescribed by the
Administration.
SEC. [6.] 104. REGISTRATION. [15 U.S.C. 6305]
(a) Requirements.--Each boxer shall register with--
(1) the boxing commission of the State in which such
boxer resides; or
(2) in the case of a boxer who is a resident of a
foreign country, or a State in which there is no boxing
commission, the boxing commission of any State or
Indian tribe that has such a commission.
(b) Identification card.--
(1) Issuance.--A boxing commission shall issue to
each professional boxer who registers in accordance
with subsection (a), an identification card that
contains each of the following:
(A) A recent photograph of the boxer.
(B) The social security number of the boxer
(or, in the case of a foreign boxer, any
similar citizen identification number or
professional boxer number from the country of
residence of the boxer).
(C) A personal identification number assigned
to the boxer by a boxing registry.
(2) Renewal.--Each professional boxer shall renew his
or her identification card at least once every 4 years.
(3) Presentation.--Each professional boxer shall
present his or her identification card to the
appropriate boxing commission not later than the time
of the weigh-in for a professional boxing match.
(c) Health and safety disclosures.--[It is the sense of the
Congress that a boxing commission should, upon issuing an
identification card to a boxer under subsection (b)(1), make a
health and safety disclosure to that boxer as that commission
considers appropriate.] 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. The health and safety
disclosure [should] shall, at a minimum, include the health and
safety risks associated with boxing, and, in particular, the
risk and frequency of brain injury and the advisability that a
boxer periodically undergo medical procedures designed to
detect brain injury.
(d) Copy of Registration and Identification Cards To Be Sent
to Administration.--A boxing commission shall furnish a copy of
each registration received under subsection (a), and each
identification card issued under subsection (b), to the
Administration.
SEC. [7.] 105. REVIEW. [15 U.S.C. 6306]
[(a) Procedures.--]Each boxing commission shall establish
each of the following procedures:
(1) Procedures to evaluate the professional records
and physician's certification of each boxer
participating in a professional boxing match in the
State, and to deny authorization for a boxer to fight
where appropriate.
(2) Procedures to ensure [that, except as provided in
subsection (b), no] that no boxer is permitted to box
while under suspension from any boxing commission due
to--
(A) a recent knockout or series of
consecutive losses;
(B) an injury, requirement for a medical
procedure, or physician denial of
certification;
(C) failure of a drug test;
(D) the use of false aliases, or falsifying,
or attempting to falsify, official
identification cards or documents; or
(E) unsportsmanlike conduct or other
inappropriate behavior inconsistent with
generally accepted methods of competition in a
professional boxing match.
[(3) Procedures to review a suspension where appealed
by a boxer, licensee, manager, matchmaker, promoter, or
other boxing service provider, including an opportunity
for a boxer, licensee, manager, matchmaker, promoter,
or other boxing service provider to present
contradictory evidence.
[(4) Procedures to revoke a suspension where a
boxer--
[(A) was suspended under subparagraph (A) or
(B) of paragraph (2) of this subsection, and
has furnished further proof of a sufficiently
improved medical or physical condition; or
[(B) furnishes proof under subparagraph (C)
or (D) of paragraph (2) that a suspension was
not, or is no longer, merited by the facts.]
(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.
[(b) Suspension in another State.--A boxing commission may
allow a boxer who is under suspension in any State to
participate in a professional boxing match--
[(1) for any reason other than those listed in
subsection (a) if such commission notifies in writing
and consults with the designated official of the
suspending State's boxing commission prior to the grant
of approval for such individual to participate in that
professional boxing match; or
[(2) if the boxer appeals to the Association of
Boxing Commissions, and the Association of Boxing
Commissions determines that the suspension of such
boxer was without sufficient grounds, for an improper
purpose, or not related to the health and safety of the
boxer or the purposes of this Act.]
SEC. [8.] 106. REPORTING. [15 U.S.C. 6307]
Not later than [48 business hours] 2 business days after the
conclusion of a professional boxing match, the supervising
boxing commission shall report the results of such [boxing]
boxing match and any related suspensions to [each boxer
registry.] the Administration.
[SEC. 9. CONTRACT REQUIREMENTS. [15 U.S.C. 6307A]
[Within 2 years after the date of the enactment of the
Muhammad Ali Boxing Reform Act, the Association of Boxing
Commissions (ABC) shall develop and shall approve by a vote of
no less than a majority of its member State boxing
commissioners, guidelines for minimum contractual provisions
that should be included in bout agreements and boxing
contracts. It is the sense of the Congress that State boxing
commissions should follow these ABC guidelines.]
SEC. [9.] 107. CONTRACT REQUIREMENTS.
(a) In General.--The Administration, 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) Administration.--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 Administration, 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. [10.] 108. PROTECTION FROM COERCIVE CONTRACTS. [15 U.S.C. 6307B]
(a) General Rule.--
(1)(A) A contract provision shall be considered to be
in restraint of trade, contrary to public policy, and
unenforceable against any boxer to the extent that it--
(i) is a coercive provision described in
subparagraph (B) and is for a period greater
than 12 months; or
(ii) is a coercive provision described in
subparagraph (B) and the other boxer under
contract to the promoter came under that
contract pursuant to a coercive provision
described in subparagraph (B).
(B) A coercive provision described in this
subparagraph is a contract provision that grants any
rights between a boxer and a promoter, or between
promoters with respect to a boxer, if the boxer is
required to grant such rights, or a boxer's promoter is
required to grant such rights with respect to a boxer
to another promoter, as a condition precedent to the
boxer's participation in a professional boxing match
against another boxer who is under contract to the
promoter.
(2) This subsection shall only apply to contracts entered
into after the date of the enactment of the Muhammad Ali Boxing
Reform Act.
[(3) No subsequent contract provision extending any rights or
compensation covered in paragraph (1) shall be enforceable
against a boxer if the effective date of the contract
containing such provision is earlier than 3 months before the
expiration of the relevant time period set forth in paragraph
(1).]
(b) Promotional rights under mandatory bout contracts.--No
boxing service provider may require a boxer to grant any future
promotional rights as a requirement of competing in a
professional boxing match that is a mandatory or elimination
bout under the rules of a sanctioning organization.
(c) Protection from coercive contracts with broadcasters.--
Subsection (a) of this section applies to any contract between
a commercial broadcaster and a boxer, or granting any rights
with respect to that boxer, involving a broadcast in or
affecting interstate commerce, regardless of the broadcast
medium. For the purpose of this subsection, any reference in
subsection (a)(1)(B) to ``promoter'' shall be considered a
reference to ``commercial broadcaster''.
[SEC. 11. SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307C]
[(a) Objective criteria.--Within 2 years after the date of
the enactment of the Muhammad Ali Boxing Reform Act, the
Association of Boxing Commissions shall develop and shall
approve by avote of no less than a majority of its member State
boxing commissioners, guidelines for objective and consistent written
criteria for the ratings of professional boxers. It is the sense of the
Congress that sanctioning bodies and State boxing commissions should
follow these ABC guidelines.
[(b) Appeals process.--A sanctioning organization shall not
be entitled to receive any compensation, directly or
indirectly, in connection with a boxing match, until it
provides the boxers with notice that the sanctioning
organization shall, within 7 days after receiving a request
from a boxer questioning that organization's rating of the
boxer--
[(1) provide to the boxer a written explanation of
the organization's criteria, its rating of the boxer,
and the rationale or basis for its rating (including a
response to any specific questions submitted by the
boxer); and
[(2) submit a copy of its explanation to the
Association of Boxing Commissions.
[(c) Notification of change in rating.--A sanctioning
organization shall not be entitled to receive any compensation,
directly or indirectly, in connection with a boxing match,
until, with respect to a change in the rating of a boxer
previously rated by such organization in the top 10 boxers, the
organization--
[(1) posts a copy, within 7 days of such change, on
its Internet website or home page, if any, including an
explanation of such change, for a period of not less
than 30 days; and
[(2) provides a copy of the rating change and
explanation to an association to which at least a
majority of the State boxing commissions belong.
[(d) Public disclosure.--
[(1) Federal Trade Commission filing.--A sanctioning
organization shall not be entitled to receive any
compensation directly or indirectly in connection with
a boxing match unless, not later than January 31 of
each year, it submits to the Federal Trade Commission
and to the ABC--
[(A) a complete description of the
organization's ratings criteria, policies, and
general sanctioning fee schedule;
[(B) the bylaws of the organization;
[(C) the appeals procedure of the
organization for a boxer's rating; and
(D) a list and business address of the
organization's officials who vote on the
ratings of boxers.
[(2) Format; updates.--A sanctioning organization
shall--
[(A) provide the information required under
paragraph (1) in writing, and, for any document
greater than 2 pages in length, also in
electronic form; and
[(B) promptly notify the Federal Trade
Commission of any material change in the
information submitted.
[(3) Federal Trade Commission to make information
available to public.--The Federal Trade Commission
shall make information received under this subsection
available to the public. The Commission may assess
sanctioning organizations a fee to offset the costs it
incurs in processing the information and making it
available to the public.
[(4) Internet alternative.--In lieu of submitting the
information required by paragraph (1) to the Federal
Trade Commission, a sanctioning organization may
provide the information to the public by maintaining a
website on the Internet that--
[(A) is readily accessible by the general
public using generally available search engines
and does not require a password or payment of a
fee for full access to all the information;
[(B) contains all the information required to
be submitted to the Federal Trade Commission by
paragraph (1) in an easy to search and use
format; and
[(C) is updated whenever there is a material
change in the information.]
SEC. [11.] 109. SANCTIONING ORGANIZATIONS.
(a) Objective Criteria.--Within 1 year after the date of
enactment of the Professional Boxing Amendments Act of 2003,
the Administration shall develop guidelines for objective and
consistent written criteria for the rating of professional
boxers based on the athletic merits of the boxers. Within 90
days after the Administration's promulgation of the guidelines,
each sanctioning organization shall adopt the guidelines and
follow 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 Administration;
(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 Administration), 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
Administration.
SEC. [12.] 110. REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONS BY
SANCTIONING ORGANIZATIONS. [15 U.S.C. 6307D]
[A sanctioning organization shall not be entitled to receive
any compensation directly or indirectly in connection with a
boxing match until it provides to the boxing commission
responsible for regulating the match in a State a statement
of--] Within 7 days after a professional boxing match of 10
rounds or more, the sanctioning organization for that match
shall provide to the Administration, and, if requested, to the
boxing commission in the State or on Indian land responsible
for regulating the match, a statement of--
(1) all charges, fees, and costs the organization
[will assess] has assessed, or will assess, any boxer
participating in that match;
(2) all payments, benefits, complimentary benefits,
and fees the organization [will receive] has received,
or will receive, for its affiliation with the event,
from the promoter, host of the event, and all other
sources; and
(3) such additional information as the commission may
require.
SEC. [13.] 111. REQUIRED DISCLOSURES FOR PROMOTERS. [15 U.S.C. 6307E]
[(a) Disclosures to the boxing commissions.--A promoter shall
not be entitled to receive any compensation directly or
indirectly in connection with a boxing match until it provides
to the boxing commission responsible for regulating the match
in a State a statement of--]
(a) Disclosures to Boxing Commissions and Administration.--
Within 7 days after a professional boxing match of 10 rounds or
more, the promoter of any boxer participating in that match
shall provide to the Administration, and, if requested, to the
boxing commission in the State or on Indian land responsible
for regulating the match--
(1) a copy of any agreement in [writing] writing,
other than a bout agreement previously provided to the
commission, to which the promoter is a party with any
boxer participating in the match;
(2) a statement made under penalty of perjury that
there are no other agreements, written or oral, between
the promoter and the boxer with respect to that match;
and
(3)(A) [all fees, charges, and expenses that will be]
a statement of all fees, charges, and expenses that
have been, or will be, assessed by or through the
promoter on the boxer pertaining to the event,
including any portion of the boxer's purse that the
promoter will receive, and training expenses;
(B) a statement of all payments, gifts, or
benefits the promoter is providing to any
sanctioning organization affiliated with the
event; and
(C) a statement of any reduction in a boxer's
purse contrary to a previous agreement between
the promoter and the boxer or a purse bid held
for the event.
(b) Disclosures to the boxer.--[A promoter shall not be
entitled to receive any compensation directly or indirectly in
connection with a boxing match until it provides to the boxer
it promotes--] Within 7 days after a professional boxing match
of 10 rounds or more, the promoter of the match shall provide
to each boxer participating in the match with whom the promoter
has a promotional agreement a statement of--
(1) the amounts of any compensation or consideration
that a promoter has contracted to receive from such
[match;] match, and that the promoter has paid, or
agreed to pay, to any other person in connection with
the match;
(2) all fees, charges, and expenses that will be
assessed by or through the promoter on the boxer
pertaining to the event, including any portion of the
boxer's purse that the promoter will receive, and
training expenses; and
(3) any reduction in a boxer's purse contrary to a
previous agreement between the promoter and the boxer
or a purse bid held for the event.
(c) Information to be available to State attorney general.--A
promoter shall make information required to be disclosed under
this section available to the chief law enforcement officer of
the State in which the match is to be held upon request of such
officer.
[SEC. 14. REQUIRED DISCLOSURES FOR JUDGES AND REFEREES. [15 U.S.C.
6307F]
[A judge or referee shall not be entitled to receive any
compensation, directly or indirectly, in connection with a
boxing match until it provides to the boxing commission
responsible for regulating the match in a State a statement of
all consideration, including reimbursement for expenses, that
will be received from any source for participation in the
match.]
SEC. [14.] 112. MEDICAL REGISTRY.
(a) In General.--The Administration, in consultation with the
Association of Boxing Commissions, 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 Administration 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 Administration 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. [15.] 113. CONFIDENTIALITY. [15 U.S.C. 6307G]
[(a) In general.--Neither a boxing commission or an Attorney
General may disclose to the public any matter furnished by a
promoter under section 13 except to the extent required in a
legal, administrative, or judicial proceeding.]
(a) In General.--Except to the extent required in a legal,
administrative, or judicial proceeding, a boxing commission, an
Attorney General, or the Administration may not disclose to the
public any matter furnished by a promoter under section 111.
(b) Effect of contrary State law.--If a State law governing a
boxing commission requires that information that would be
furnished by a promoter under [section 13] section 111 shall be
made public, then a promoter is not required to file such
information with such State if the promoter files such
information with the ABC.
SEC. [16.] 114. JUDGES AND REFEREES. [15 U.S.C. 6307H]
(a) Licensing and Assignment Requirement._No person may
arrange, promote, organize, produce, or fight in a professional
boxing match unless all referees and judges participating in
the matchhave been [certified and approved] selected by the
boxing commission responsible for regulating the match in the State or
Indian lands where the match is held.
(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 Administration.
(c) Sanctioning Organization Not To Influence Selection
Process.--A sanctioning organization--
(1) may provide a list of judges and referees deemed
qualified by that organization to a boxing commission;
but
(2) shall not influence, or attempt to influence,
directly or indirectly, a boxing commission's selection
of a judge or referee for a professional boxing match
except by providing such a list.
(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 if the judge or referee
is licensed by a boxing commission in the United States.
(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 Administration.
SEC. [17.] 115. CONFLICTS OF INTEREST. [15 U.S.C. 6308]
(a) Regulatory personnel.--No member or employee of a boxing
commission, no person who administers or [enforces State]
enforces State or Tribal boxing laws, no officer or employee of
the Administration, and no member of the Association of Boxing
Commissions may belong to, contract with, or receive any
compensation from, any person who sanctions, arranges, or
promotes professional boxing matches or who otherwise has a
financial interest in an active boxer currently registered with
a boxer registry. For purposes of this section, the term
``compensation'' does not include funds held in escrow for
payment to another person in connection with a professional
boxing match. The prohibition set forth in this section shall
not apply to any contract entered into, or any reasonable
compensation received, by a boxing commission to supervise a
professional boxing match in another State [as described in
section 4.] or under the jurisdiction of another tribal
organization.
(b) Firewall between promoters and managers.--
(1) In general.--It is unlawful for--
(A) a promoter to have a direct or indirect
financial interest in the management of a
boxer; or
(B) a manager--
(i) to have a direct or indirect
financial interest in the promotion of
a boxer; or
(ii) to be employed by or receive
compensation or other benefits from a
promoter, except for amounts received
as consideration under the manager's
contract with the boxer.
(2) Exceptions.--Paragraph (1)--
(A) does not prohibit a boxer from acting as
his own promoter or manager; and
(B) only applies to boxers participating in a
boxing match of 10 rounds or more.
(c) Sanctioning organizations.--
(1) Prohibition on receipts.--Except as provided in
paragraph (2), no officer or employee of a sanctioning
organization may receive any compensation, gift, or
benefit, directly or indirectly, from a promoter,
boxer, or manager.
(2) Exceptions.--Paragraph (1) does not apply to--
(A) the receipt of payment by a promoter,
boxer, or manager of a sanctioning
organization's published fee for sanctioning a
professional boxing match or reasonable
expenses in connection therewith if the payment
is reported to the responsible boxing
commission; or
(B) the receipt of a gift or benefit of de
minimis value.
SEC. [18.] 116. ENFORCEMENT. [15 U.S.C. 6309]
[(a) Injunctions.--] (a) Actions by Attorney General._
Whenever the Attorney General of the United States has
reasonable cause to believe that a person is engaged in a
violation of this Act, the Attorney General may bring a civil
or criminal action in the appropriate district court of the
United States requesting such relief, including a permanent or
temporary injunction, restraining order, or other order,
against the person, as the Attorney General determines to be
necessary to restrain the person from continuing to engage in,
sanction, promote, or otherwise participate in a professional
boxing match in violation [of this Act] of this title.
(b) Criminal penalties.--
(1) Managers, promoters, matchmakers, and
licensees.--Any manager, promoter, matchmaker, and
licensee who knowingly violates, or coerces or causes
any other person to violate, any provision [of this
Act] of this title, other than section [9(b), 10, 11,
12, 13, 14, or 16,] 107, 108, 109, 110, 111, or 114,
shall, upon conviction, be imprisoned for not more than
1 year or fined not more than $20,000, or both.
(2) Violation of antiexploitation, sanctioning
organization, or disclosure provisions.--Any person who
knowingly violates any provision of section [9(b), 10,
11, 12, 13, 14, or 16 of this Act] 107, 108, 109, 110,
111, or 114 of this title shall, upon conviction, be
imprisoned for not more than 1 year or fined not more
than--
(A) $100,000; and
(B) if a violation occurs in connection with
a professional boxing match the gross revenues
for which exceed $2,000,000, an additional
amount which bears the same ratio to $100,000
as the amount of such revenues compared to
$2,000,000, or both.
(3) Conflict of interest.--Any member or employee of
a boxing commission, any person who administers or
enforces State boxing laws, any officer or employee of
the Administration, and any member of the Association
of Boxing Commissions who knowingly violates [section
17(a) of this Act] section115(a) of this title shall,
upon conviction, be imprisoned for not more than 1 year or fined not
more than $20,000, or both.
(4) Boxers.--Any boxer who knowingly violates any
provision [of this Act] of this title shall, upon
conviction, be fined not more than $1,000.
(c) Actions by States.--Whenever the chief law enforcement
officer of any State has reason to believe that a person or
organization has engaged in or is engaging in practices which
violate any requirement [of this Act] of this title, the State,
as parens patriae, may bring a civil or criminal action on
behalf of its residents in an appropriate district court of the
United States--
(1) to enjoin the holding of any professional boxing
match which the practice involves;
(2) to enforce compliance with this Act;
(3) to obtain the [fines] sanctions provided under
subsection (b) or appropriate restitution; or
(4) to obtain such other relief as the court may deem
appropriate.
(d) Private right of action.--Any [boxer] person who suffers
economic injury as a result of a violation of any provision [of
this Act] of this title may bring an action in the appropriate
Federal or State court and recover the damages suffered, court
costs, and reasonable attorneys fees and expenses.
(e) Enforcement against [Federal Trade Commission,] United
States Boxing Commission, State attorneys general, etc.--
Nothing in this Act authorizes the enforcement of--
(1) any provision [of this Act] of this title against
the [Federal Trade Commission,] United States Boxing
Commission, the United States Attorney General, or the
chief legal officer of any State for acting or failing
to act in an official capacity;
(2) subsection (d) of this section against a State or
political subdivision of a State, or any agency or
instrumentality thereof; or
(3) [section 10] section 108 against a boxer acting
in his capacity as a boxer.
[SEC. 19. NOTIFICATION OF SUPERVISING BOXING COMMISSION. [15 U.S.C.
6310]
[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 written notification to the supervising boxing
commission designated under section 4. Such notification shall
contain each of the following:
[(1) Assurances that, with respect to that
professional boxing match, all applicable requirements
of this Act will be met.
[(2) The name of any person who, at the time of the
submission of the notification--
[(A) is under suspension from a boxing
commission; and
[(B) will be involved in organizing or
participating in the event.
[(3) For any individual listed under paragraph (2),
the identity of the boxing commission that issued the
suspension described in paragraph (2)(A).]
[SEC. 20. STUDIES. [15 U.S.C. 6311]
[(a) Pension.--The Secretary of Labor shall conduct a study
on the feasibility and cost of a national pension system for
boxers, including potential funding sources.
[(b) Health, safety and equipment.--The Secretary of Health
and Human Services shall conduct a study to develop
recommendations for health, safety, and equipment standards for
boxers and for professional boxing matches.
[(c) Reports.--Not later than one year after the date of
enactment of this Act, the Secretary of Labor shall submit a
report to the Congress on the findings of the study conducted
pursuant to subsection (a). Not later than 180 days after the
date of enactment of this Act, the Secretary of Health and
Human Services shall submit a report to the Congress on the
findings of the study conducted pursuant to subsection (b).]
[SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN RESERVATIONS.
[15 U.S.C. 6312]
[(a) Definitions.--For purposes of this section, the
following definitions shall apply:
[(1) Indian tribe.--The term ``Indian tribe'' has the
same meaning as in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
[(2) Reservation.--The term ``reservation'' means the
geographically defined area over which a tribal
organization exercises governmental jurisdiction.
[(3) 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) Requirements.--
[(1) In general.--Notwithstanding any other provision
of law, a tribal organization of an Indian tribe may,
upon the initiative of the tribal organization--
[(A) regulate professional boxing matches
held within the reservation under the
jurisdiction of that tribal organization; and
[(B) carry out that regulation or enter into
a contract with a boxing commission to carry
out that regulation.
[(2) Standards and licensing.--If a tribal
organization regulates professional boxing matches
pursuant to paragraph (1), the tribal organization
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--
[(A) the otherwise applicable standards and
requirements of a State in which the
reservation is located; or
[(B) the most recently published version of
the recommended regulatory guidelines certified
and published by the Association of Boxing
Commissions.]
SEC. [21.] 117. 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 Administration.
(c) Application of Act to Boxing Matches on Tribal Lands.--
The provisions [of this Act] of this title 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. [22.] 118. RELATIONSHIP WITH STATE OR TRIBAL LAW. [15 U.S.C. 6313]
Nothing in this Act shall prohibit a State or Indian tribe
from adopting or enforcing supplemental or more stringent laws
or regulations not inconsistent with this Act, or criminal,
civil, or administrative fines for violations of such laws or
regulations.
TITLE II--UNITED STATES BOXING ADMINISTRATION
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. ESTABLISHMENT OF UNITED STATES BOXING ADMINISTRATION.
(a) In General.--The United States Boxing Administration is
established as an administration of the Department of Labor.
(b) Administrator.--
(1) Appointment.--The Administration shall be headed
by an Administrator, appointed by the President, by and
with the advice and consent of the Senate.
(2) Qualifications.--The Administrator shall be an
individual who--
(A) has extensive experience in professional
boxing activities or in a field directly
related to professional sports;
(B) is of outstanding character and
recognized integrity;
(C) is selected on the basis of training,
experience, and qualifications and without
regard to political party affiliation; and
(D) is a United States citizen.
(3) Compensation.--Section 5315 of title 5, United
States Code, is amended by adding at the end the
following:
The Administrator of the United States Boxing
Administration.''.
(4) Term of office.--The Administrator shall serve
for a term of 4 years.
(c) Assistant Administrator; General Counsel.--The
Administration shall have an Assistant Administrator and a
General Counsel, each of whom shall be appointed by the
Administrator. The Assistant Administrator shall--
(1) serve as Administrator in the absence of the
Administrator, in the event of the inability of the
Administrator to carry out the functions of the
Administrator, or in the event of a vacancy in that
office; and
(2) carry out such duties as the Administrator may
assign.
(d) Staff.--The Administration shall have such additional
staff as may be necessary to carry out the functions of the
Administration.
SEC. 203. FUNCTIONS.
(a) Primary Functions.--The primary functions of the
Administration 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 Administrator shall--
(1) administer title I of this Act;
(2) promulgate uniform standards for professional
boxing in consultation with the boxing commissions of
the several States and tribal organizations;
(3) except as otherwise determined by the
Administration, 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, through the Attorney General, 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 local boxing authority regulations for
professional boxing and provide assistance to such
authorities in meeting minimum standards prescribed by
the Administration 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 Administrator determines it to be
appropriate, publish a newspaper, magazine, or other
publication and establish and maintain a website
consistent with the purposes of the Administration;
(9) procure the temporary and intermittent services
of experts and consultants to the extent authorized by
section 3109(b) oftitle 5, United States Code, at rates
the Administration 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 Administration 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 Administration by, boxing
commissions that do not comply with requirements of the
Administration.
(d) Use of Name.--The Administration shall have the exclusive
right to use the name ``United States Boxing Administration''.
Any person who, without the permission of the Administration,
uses that name or any other exclusive name, trademark, emblem,
symbol, or insignia of the Administration 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 Administration 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 Administration 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
Administration, meets the standards
established by the Administration 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 Administration may issue
a license under this paragraph through local
boxing authorities or in a manner determined by
the Administration.
(b) Licensing Fees.--
(1) Authority.--The Administration may prescribe and
charge reasonable fees for the licensing of persons
under this title. The Administration may set, charge,
and adjust varying fees on the basis of classifications
of persons, functions, and events determined
appropriate by the Administration.
(2) Limitations.--In setting and charging fees under
paragraph (1), the Administration shall ensure that, to
the maximum extent practicable--
(A) club boxing is not adversely effected;
(B) sanctioning organizations and promoters
pay 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 local boxing
authorities or by any other means determined
appropriate by the Administration.
SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.
(a) Requirement for Registry.--The Administration, in
consultation with the Association of Boxing Commissions, 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 Administration 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 Administration as
performing a professional activity for professional
boxing matches.
SEC. 206. CONSULTATION REQUIREMENTS.
The Administration shall consult with local boxing
authorities--
(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 Administration may, after notice
and opportunity for a hearing, suspend or revoke any
license issued under this title if the Administration
finds that--
(A) the licensee has violated any provision
of this Act;
(B) there are reasonable grounds for belief
that a standard prescribed by the
Administration 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
Administration 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
Administration, the Administration 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 Administration 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 Administration 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 Administration 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 Act, any officer
designated by the Administration may administer
oaths and affirmations, subpoena or otherwise
compel the attendance of witnesses, take
evidence, and require the production of any
books, papers, correspondence, memorandums, or
other records which the Administration
considers relevant or material to the inquiry.
(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 Administration 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
Administration 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
Administration, in obedience to the subpoena of
the Administration, or in any cause or
proceeding instituted by the Administration, 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 Administration
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
Administration 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
Administration, 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 Administration.
(c) Intervention in Civil Actions.--
(1) In general.--The Administration, 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 Administration 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 Administration.--Hearings conducted by the
Administration under this Act shall be public and may be held
before any officer of the Administration. The Administration
shall keep appropriate records of the hearings.
SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.
(a) Noninterference.--Nothing in this Act prohibits any local
boxing authority 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
local boxing authority from enforcing local standards or
requirements that exceed the minimumstandards or requirements
promulgated by the Administration 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 Administration, upon the
request of the Administration, 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.--The Administration shall submit a report
on its activities to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Commerce each year. The annual report shall include--
(1) a detailed discussion of the activities of the
Administration 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.--The Administration shall annually issue
and publicize a report of the Administration on the progress
made at Federal and State levels and on Indianlands in the
reform of professional boxing, which shall include comments on issues
of continuing concern to the Administration.
(c) First Annual Report on the Administration.--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--
(A) the date on which the license expires; or
(B) the date that is 2 years after the date
of the enactment of the Professional Boxing
Amendments Act of 2003.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for
the Administration for each fiscal year such sums as may be
necessary for the Administration 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.
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART D. PAY AND ALLOWANCES
CHAPTER 53. PAY RATES AND SYSTEMS
SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Under Secretary of the Air Force.
Under Secretary of the Army.
Under Secretary of the Navy.
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (8).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (10).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
24 Assistant Secretaries of State and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (7).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Inspector General, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington [Export-Import Bank of the United States].
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington [Export-Import Bank of the United
States].
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Board of Directors of the Tennessee Valley
Authority.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (4).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Executive Vice President, Overseas Private Investment
Corporation.
Members, National Credit Union Administration Board
(2).
Members, Postal Rate Commissions (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2)
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Commissioner of Immigration and Naturalization,
Department of Justice.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (6).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Inspector General, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Inspector General, Department of Health and Human
Services.
Inspector General, Department of Agriculture.
Special Counsel of the Merit Systems Protection
Board.
Inspector General, Department of Housing and Urban
Development.
Chairman, Federal Labor Relations Authority.
Inspector General, Department of Labor.
Inspector General, Department of Transportation.
Inspector General, Department of Veterans Affairs
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Inspector General, Department of Defense.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Administrator of the Health Care Financing
Administration.
Director, National Institute of Standards and
Technology, Department of Commerce.
Inspector General, Department of State.
Director of Defense Research and Engineering.
Ambassadors at Large.
Commissioner, National Center for Education
Statistics.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Inspector General, Department of Commerce.
Inspector General, Department of the Interior.
Inspector General, Department of Justice.
Inspector General, Department of the Treasury.
Inspector General, Agency for International
Development.
Inspector General, Environmental Protection Agency.
Inspector General, Federal Emergency Management
Agency.
Inspector General, General Services Administration.
Inspector General, National Aeronautics and Space
Administration.
Inspector General, Nuclear Regulatory Commission.
Inspector General, Office of Personnel Management.
Inspector General, Railroad Retirement Board.
Inspector General, Small Business Administration.
Inspector General, Tennessee Valley Authority.
Inspector General, Federal Deposit Insurance
Corporation.
Assistant Secretaries, Department of Veterans Affairs
(6).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services.
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Inspector General, Resolution Trust Corporation.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Inspector General, Central Intelligence Agency.
Deputy Under Secretary of Defense for Policy.
Deputy Under Secretary of Defense for Personnel and
Readiness.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau
Inspector General, Social Security Administration.
The Commissioner of Labor Statistics, Department of
Labor.
Administrator, Rural Utilities Service, Department of
Agriculture.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
Inspector General, United States Postal Service.
Assistant Directors of Central Intelligence (3).
General Counsel of the Central Intelligence Agency.
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
The Administrator of the United States Boxing
Administration.