This Act may be cited as the ”Muhammad Ali Boxing Reform. Act”. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Professional boxing differs
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H.R.1832 One Hundred Sixth Congressof theUnited States of AmericaATTHESECONDSESSION Begun and held at the City of Washington on Monday,the twenty-fourth day of January, two thousandAn ActTo reform unfair and anticompetitive practices in the professional boxing industry.Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE.This Act may be cited as the “Muhammad Ali Boxing ReformAct”.SEC. 2. FINDINGS.The Congress makes the following findings:(1) Professional boxing differs from other major, interstateprofessional sports industries in the United States in that it operates without any private sector association, league, or cen- tralized industry organization to establish uniform and appro- priate business practices and ethical standards. This has led to repeated occurrences of disreputable and coercive business practices in the boxing industry, to the detriment of professional boxers nationwide.(2) State officials are the proper regulators of professionalboxing events, and must protect the welfare of professional boxers and serve the public interest by closely supervising boxing activity in their jurisdiction. State boxing commissions do not currently receive adequate information to determine whether boxers competing in their jurisdiction are being sub- jected to contract terms and business practices which may violate State regulations, or are onerous and confiscatory.(3) Promoters who engage in illegal, coercive, or unethicalbusiness practices can take advantage of the lack of equitable business standards in the sport by holding boxing events in States with weaker regulatory oversight.(4) The sanctioning organizations which have proliferatedin the boxing industry have not established credible and objec- tive criteria to rate professional boxers, and operate with vir- tually no industry or public oversight. Their ratings are suscep- tible to manipulation, have deprived boxers of fair opportunities for advancement, and have undermined public confidence in the integrity of the sport.(5) Open competition in the professional boxing industryhas been significantly interfered with by restrictive and anti- competitive business practices of certain promoters and sanc- tioning bodies, to the detriment of the athletes and the ticket- buying public. Common practices of promoters and sanctioning organizations represent restraints of interstate trade in the United States.
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H.R.1832Ð2 (6) It is necessary and appropriate to establish nationalcontracting reforms to protect professional boxers and prevent exploitive business practices, and to require enhanced financial disclosures to State athletic commissions to improve the public oversight of the sport.SEC. 3. PURPOSES.The purposes of this Act areÐ(1) to protect the rights and welfare of professional boxerson an interstate basis by preventing certain exploitive, oppres- sive, and unethical business practices;(2) to assist State boxing commissions in their efforts toprovide more effective public oversight of the sport; and(3) to promote honorable competition in professional boxingand enhance the overall integrity of the industry.SEC. 4. PROTECTING BOXERS FROM EXPLOITATION.The Professional Boxing Safety Act of 1996 (15 U.S.C. 6301et seq.) is amendedÐ(1) by redesignating sections 9 through 15 as sections 17through 23, respectively; and(2) by inserting after section 8 the following new sections:“SEC. 9. CONTRACT REQUIREMENTS.“Within 2 years after the date of the enactment of theMuhammad 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. 10. PROTECTION FROM COERCIVE CONTRACTS.“(a) GENERALRULE.Г(1)(A) A contract provision shall be considered to be inrestraint of trade, contrary to public policy, and unenforceable against any boxer to the extent that itГ(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 subparagraphis 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 enteredinto after the date of the enactment of the Muhammad Ali Boxing Reform Act.“(3) No subsequent contract provision extending any rightsor compensation covered in paragraph (1) shall be enforceable against a boxer if the effective date of the contract containing
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H.R.1832Ð3 such provision is earlier than 3 months before the expirationof the relevant time period set forth in paragraph (1). “(b) PROMOTIONALRIGHTSUNDERMANDATORYBOUTCON-TRACTS.ÐNo boxing service provider may require a boxer to grantany future promotional rights as a requirement of competing in a professional boxing match that is a mandatory bout under the rules of a sanctioning organization.“(c) PROTECTIONFROM COERCIVECONTRACTSWITH BROAD-CASTERS.ÐSubsection (a) of this section applies to any contractbetween 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.“(a) OBJECTIVECRITERIA.ÐWithin 2 years after the date ofthe enactment of the Muhammad Ali Boxing Reform Act, the Association of Boxing Commissions shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for objective and consistent written cri- teria 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) APPEALSPROCESS.ÐA sanctioning organization shall notbe 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 boxerГ(1) provide to the boxer a written explanation of theorganization’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 Associationof Boxing Commissions. “(c) NOTIFICATIONOF CHANGEIN RATING.ÐA sanctioningorganization 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 organizationГ(1) posts a copy, within 7 days of such change, on itsInternet 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 explanationto an association to which at least a majority of the State boxing commissions belong. “(d) PUBLICDISCLOSURE.Г(1) FEDERALTRADECOMMISSIONFILING .ÐA sanctioningorganization 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 ABCГ(A) a complete description of the organization’s ratingscriteria, policies, and general sanctioning fee schedule;“(B) the bylaws of the organization;
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H.R.1832Ð4 “(C) the appeals procedure of the organization for aboxer’s rating; and“(D) a list and business address of the organization’sofficials who vote on the ratings of boxers. “(2) FORMAT; UPDATES.ÐA sanctioning organization shallГ(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 Commissionof any material change in the information submitted. “(3) FEDERALTRADECOMMISSIONTOMAKEINFORMATION AVAILABLETOPUBLIC .ÐThe Federal Trade Commission shallmake information received under this subsection available to the public. The Commission may assess sanctioning organiza- tions a fee to offset the costs it incurs in processing the informa- tion and making it available to the public.“(4) INTERNETALTERNATIVE .ÐIn lieu of submitting theinformation 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 thatГ(A) is readily accessible by the general public usinggenerally 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 sub-mitted 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 changein the information.“SEC. 12. REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONSBY SANCTIONING ORGANIZATIONS.“A sanctioning organization shall not be entitled to receiveany 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 ofГ(1) all charges, fees, and costs the organization will assessany boxer participating in that match;“(2) all payments, benefits, complimentary benefits, andfees the organization 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 mayrequire.“SEC. 13. REQUIRED DISCLOSURES FOR PROMOTERS.“(a) DISCLOSURESTOTHE BOXINGCOMMISSIONS.ÐA promotershall 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 ofГ(1) a copy of any agreement in writing to which the pro-moter is a party with any boxer participating in the match;“(2) a statement made under penalty of perjury that thereare no other agreements, written or oral, between the promoter and the boxer with respect to that match; and
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H.R.1832Ð5 “(3)(A) all fees, charges, and expenses that will be assessedby or through the promoter on the boxer pertaining to the event, including any portion of the boxer’s purse that the pro- moter will receive, and training expenses;“(B) all payments, gifts, or benefits the promoter is pro-viding to any sanctioning organization affiliated with the event; and“(C) any reduction in a boxer’s purse contrary to a previousagreement between the promoter and the boxer or a purse bid held for the event. “(b) DISCLOSURESTOTHE BOXER.ÐA promoter shall not beentitled to receive any compensation directly or indirectly in connec- tion with a boxing match until it provides to the boxer it promotesГ(1) the amounts of any compensation or considerationthat a promoter has contracted to receive from such match;“(2) all fees, charges, and expenses that will be assessedby or through the promoter on the boxer pertaining to the event, including any portion of the boxer’s purse that the pro- moter will receive, and training expenses; and“(3) any reduction in a boxer’s purse contrary to a previousagreement between the promoter and the boxer or a purse bid held for the event. “(c) INFORMATIONTOBEAVAILABLETO STATEATTORNEYGEN-ERAL.ÐA promoter shall make information required to be disclosedunder 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.“A judge or referee shall not be entitled to receive any com-pensation, 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. 15. CONFIDENTIALITY.“(a) INGENERAL.ÐNeither a boxing commission or an AttorneyGeneral 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.“(b) EFFECTOF CONTRARYSTATELAW.ÐIf a State law governinga boxing commission requires that information that would be fur- nished by a promoter under section 13 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. JUDGES AND REFEREES.“No person may arrange, promote, organize, produce, or fightin a professional boxing match unless all referees and judges partici- pating in the match have been certified and approved by the boxing commission responsible for regulating the match in the State where the match is held.”.SEC. 5. CONFLICT OF INTEREST.Section 17 of the Professional Boxing Safety Act of 1996 (15U.S.C. 6308) (as redesignated by section 4 of this Act) is amendedÐ
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H.R.1832Ð6 (1) in the first sentence by striking “No member” andinserting “(a) REGULATORYPERSONNEL.ÐNo member”; and(2) by adding at the end the following:“(b) FIREWALLBETWEENPROMOTERSAND MANAGERS.Г(1) INGENERAL .ÐIt is unlawful forГ(A) a promoter to have a direct or indirect financialinterest in the management of a boxer; or“(B) a managerГ(i) to have a direct or indirect financial interestin the promotion of a boxer; or“(ii) to be employed by or receive compensationor other benefits from a promoter, except for amounts received as consideration under the manager’s contract with the boxer.“(2) EXCEPTIONS.ÐParagraph (1)Г(A) does not prohibit a boxer from acting as his ownpromoter or manager; and“(B) only applies to boxers participating in a boxingmatch of 10 rounds or more.“(c) SANCTIONINGORGANIZATIONS.Г(1) PROHIBITIONONRECEIPTS .ÐExcept as provided in para-graph (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.ÐParagraph (1) does not apply toГ(A) the receipt of payment by a promoter, boxer, ormanager 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 minimisvalue.”.SEC. 6. ENFORCEMENT.Subsection (b) of section 18 of the Professional Boxing SafetyAct of 1996 (15 U.S.C. 6309) (as redesignated by section 4 of this Act) is amendedÐ(1) in paragraph (1) by inserting a comma and “otherthan section 9(b), 10, 11, 12, 13, 14, or 16,” after “this Act”;(2) by redesignating paragraphs (2) and (3) as paragraphs(3) and (4), respectively;(3) by inserting after paragraph (1) the following: “(2) VIOLATIONOFANTIEXPLOITATION , SANCTIONINGORGANIZATION, ORDISCLOSUREPROVISIONS .ÐAny person whoknowingly violates any provision of section 9(b), 10, 11, 12, 13, 14, or 16 of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more thanГ(A) $100,000; and “(B) if a violation occurs in connection with a profes-sional 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.”; and (4) in paragraph (3) (as redesignated by paragraph 2 ofthis subsection) by striking “section 9” and inserting “section 17(a)”; and(5) by adding at the end the following:
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H.R.1832Ð8 “(13) CONTRACTPROVISION .ÐThe term `contract provision’means any legal obligation between a boxer and a boxing service provider.“(14) SANCTIONINGORGANIZATION .ÐThe term `sanctioningorganization’ means an organization that sanctions professional boxing matches in the United StatesГ(A) between boxers who are residents of differentStates; or“(B) that are advertised, otherwise promoted, or broad-cast (including closed circuit television) in interstate com- merce. “(15) SUSPENSION.ÐThe term `suspension’ includes withinits meaning the revocation of a boxing license.”. (b) STATEBOXINGCOMMISSIONPROCEDURES.ÐSection 7(a)(2)of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6306(a)(2)) is amendedÐ(1) in subparagraph (C) by striking “or”; (2) in subparagraph (D) by striking “documents.” at theend and inserting “documents; or”; and(3) by adding at the end the following:“(E) unsportsmanlike conduct or other inappropriatebehavior inconsistent with generally accepted methods of competition in a professional boxing match.”.(c) RENEWALPERIODFOR IDENTIFICATIONCARDS.ÐSection6(b)(2) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6305(b)(2)) is amended by striking “2 years.” and inserting “4 years.”.(d) REVIEWOF SUSPENSIONS.ÐSection 7(a)(3) of the ProfessionalBoxing Safety Act of 1996 (15 U.S.C. 6306(a)(3)) is amended by striking “boxer” and inserting “boxer, licensee, manager, match- maker, promoter, or other boxing service provider”.(e) ALTERNATIVESUPERVISION.ÐSection 4 of the ProfessionalBoxing Safety Act of 1996 (15 U.S.C. 6303) is amendedÐ(1) by striking “No person” and inserting “(a) No person”;and(2) by inserting at the end thereof the following:“(b) For the purpose of this Act, if no State commission isavailable to supervise a boxing match according to subsection (a), thenГ(1) the match may not be held unless it is supervisedby 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 super-vising commission allowed under this section shall be deemed to refer to the entity described in paragraph (1).”. (f) H EALTHAND SAFETYDISCLOSURES.ÐSection 6 of the Profes-sional Boxing Safety Act of 1996 (15 U.S.C. 6305) is amended by adding at the end the following new subsection:
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H.R.1832Ð9 “(c) HEALTHAND SAFETYDISCLOSURES.ÐIt is the sense of theCongress that a boxing commission should, upon issuing an identi- fication card to a boxer under subsection (b)(1), make a health and safety disclosure to that boxer as that commission considers appropriate. The health and safety disclosure should 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.”.Speaker of the House of Representatives.Vice President of the United States andPresident of the Senate.
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