To reform unfair and anticompetitive practices in the professional boxing industry.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:
SECTION 1 SHORT TITLE
This Act may be cited as the “Muhammad Ali Boxing Reform Act”.
SECTION 2 FINDINGS
The Congress makes the following findings:
SECTION 3 PURPOSES
SECTION 4 PROTECTING BOXERS FROM EXPLOITATION
The Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.) is amended:
SECTION 9 CONTRACT REQUIREMENTS
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.
SECTION 10 PROTECTION FROM COERCIVE CONTRACTS
(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:
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.
II. This subsection shall only apply to contracts entered into after the date of the enactment of the Muhammad Ali Boxing Reform Act.
III. 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).
SECTION 11 SANCTIONING ORGANIZATIONS
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 a vote 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 organizations rating of the boxer-
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
d) PUBLIC DISCLOSURE-
(a.) A complete description of the organizations ratings criteria, policies, and general sanctioning fee schedule.
(b.) The bylaws of the organization.
(c.) The appeals procedure of the organization for a boxers rating.
(d.) A list and business address of the organizations officials who vote on the ratings of boxers.
(a.) Provide the information required under paragraph (1) in writing, and, for any document greater than 2 pages in length, also in electronic form.
(b.) Promptly notify the Federal Trade Commission of any material change in the information submitted.
(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.
(c.) Is updated whenever there is a material change in the information.
SECTION 12 REQUIRED DISCLOSURES TO STATE BOXING COMMISSIONS BY SANCTIONING ORGANIZATIONS
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–
SECTION 13 REQUIRED DISCLOSURES FOR PROMOTERS
(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–
(b) All payments, gifts, or benefits the promoter is providing to any sanctioning organization affiliated with the event.
(c) 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–
(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.
SECTION 14 REQUIRED DISCLOSURES FOR JUDGES AND REFEREES
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.
SECTION 15 CONFIDENTIALITY
(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.
(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 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.
SECTION 16 JUDGES AND REFEREES
No person may arrange, promote, organize, produce, or fight in a professional boxing match unless all referees and judges participating 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.
SECTION 5 CONFLICT OF INTEREST
Section 17 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6308) (as re-designated by section 4 of this Act) is amended–
(a.) REGULATORY PERSONNEL: No member’; and
(b.) FIREWALL BETWEEN PROMOTERS AND MANAGERS:
(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.
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.
(a.) Does not prohibit a boxer from acting as his own promoter or manager.
(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.
(b.) The receipt of a gift or benefit of de minimis value.
SECTION 6 ENFORCEMENT
Subsection (b) of section 18 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6309) (as re-designated by section 4 of this Act) is amended-
i. (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 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.’; and
(c.) ACTIONS BY STATES: Whenever the chief law enforcement officer of any State has reason to believe that a person or organization is engaging in practices which violate any requirement of this Act, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States–
(d.) PRIVATE RIGHT OF ACTION: Any boxer who suffers economic injury as a result of a violation of any provision of this Act 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, STATE ATTORNEYS GENERAL, ETC: Nothing in this Act authorizes the enforcement of–
1. any provision of this Act against the Federal Trade 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 against a boxer acting in his capacity as a boxer.
SECTION 7 ADDITIONAL AMENDMENTS
(A) DEFINITIONS: Section 2(a) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301(a)) is amended–
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.
(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.
(B) STATE BOXING COMMISSION PROCEDURES: Section 7(a)(2) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6306(a)(2)) is amended–
(E) Unsportsmanlike conduct or other inappropriate behavior inconsistent with generally accepted methods of competition in a professional boxing match.
(C) RENEWAL PERIOD FOR IDENTIFICATION CARDS: Section 6(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) REVIEW OF SUSPENSIONS: Section 7(a) (3) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6306(a) (3)) is amended by striking `boxer’ and inserting `boxer, licensee, manager, matchmaker, promoter, or other boxing service provider’.
(E) ALTERNATIVE SUPERVISION: Section 4 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6303) is amended–
(b) For the purpose of this Act, if no State commission is available to supervise a boxing match according to subsection (a), then–
(F) HEALTH AND SAFETY DISCLOSURES- Section 6 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6305) is amended by adding at the end the following new subsection:
(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. 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.
Published by: mvpboxing.com