Updated March 17, 2008
ASSOCIATION OF BOXING COMMISSIONS
"PROFESSIONAL BOXING SAFETY ACT OF 1996" / "MUHAMMAD ALI BOXING REFORM ACT"
[TITLE 15, CHAPTER 89,
UNITED STATES CODE]
§ 6301.
Definitions
For purposes of this chapter:
The term “boxer” means an individual who fights in a professional
boxing match.
(A)
[1] The term “boxing commission”
means an entity authorized under State law to regulate professional boxing
matches.
The term “boxer registry” means any entity certified by the
Association of Boxing Commissions for the purposes of maintaining records and
identification of boxers.
The term “licensee” means an individual who serves as a trainer,
second, or cut man for a boxer.
The term “manager” means a person who receives compensation for
service as an agent or representative of a boxer.
The term “matchmaker” means a person that proposes, selects, and
arranges the boxers to participate in a professional boxing match.
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.
The term “professional boxing match” means a boxing contest held in
the
The term “promoter” means the person primarily responsible for
organizing, promoting, and producing a professional boxing match. The term
“promoter” does not include 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.
The term “State” means each of the 50 States, Puerto Rico, the
(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.
The term “boxing service provider” means a promoter, manager,
sanctioning body, licensee, or matchmaker.
The term “contract provision” means any legal obligation between a
boxer and a boxing service provider.
The term “sanctioning organization” means an organization that
sanctions professional boxing matches in the
(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.
The term “suspension” includes within its meaning the revocation of
a boxing license.
[1] So in original.
No subpar. (B) has been enacted.
§ 6302. Purposes
The purposes of this chapter 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
§ 6303. Boxing
matches in States without boxing commissions
(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 chapter, if no
State commission is available to supervise a boxing match according to
subsection (a) of this section, 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 shall be deemed
to refer to the entity described in paragraph (1).
§ 6304. Safety
standards
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:
(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.
(2)
Except as otherwise expressly provided under regulation of a boxing
commission promulgated subsequent to October 9, 1996, an ambulance or medical
personnel with appropriate resuscitation equipment continuously present on site.
(3)
A physician continuously present at ringside.
(4)
Health insurance for each boxer to provide medical coverage for any
injuries sustained in the match.
§ 6305.
Registration
(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 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) of this section, 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.
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) of this
section, 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.
§ 6306. Review
(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) of
this section, 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;
(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 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.
(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) of this
section 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 chapter.
§ 6307.
Reporting
Not later than 48 business hours after the conclusion of a
professional boxing match, the supervising boxing commission shall report the
results of such boxing match and any related suspensions to each boxer registry.
§ 6307a.
Contract requirements
Within 2 years after May 26, 2000, the Association of Boxing
Commissions (ABC) shall develop and shall approve by a vote of no less than a
majority of its
§ 6307b.
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—
(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
May 26, 2000.
(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 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) of this section to “promoter” shall be considered a
reference to “commercial broadcaster”.
§ 6307c.
Sanctioning organizations
(a) Objective criteria
Within 2 years after May 26, 2000, the Association of Boxing
Commissions shall develop and shall approve by a vote of no less than a majority
of its
(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.
(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.
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.
§ 6307d.
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—
(1)
all charges, fees, and costs the organization will assess any boxer
participating in that match;
(2)
all payments, benefits, complimentary benefits, and fees 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 may require.
§ 6307e.
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—
(1)
a copy of any agreement in writing 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 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)
all payments, gifts, or benefits the
promoter is providing to any sanctioning organization affiliated with the event;
and
(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—
(1)
the amounts of any compensation or consideration that a promoter
has contracted to receive from such 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.
§ 6307f.
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.
§ 6307g.
Confidentiality
(a) In general
Neither a boxing commission or [1] an Attorney General may disclose to the public any
matter furnished by a promoter under section
6307e of this title 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
6307e of this title 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.
[1] So in original. Probably should be “nor”.
§ 6307h. 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.
§ 6308.
Conflicts of interest
(a) Regulatory personnel
No member or employee of a boxing commission, no person who
administers or enforces State boxing laws, 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
6303 of this title.
(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.
§ 6309.
Enforcement
(a) Injunctions
Whenever the Attorney General of the United States has reasonable
cause to believe that a person is engaged in a violation of this chapter, the
Attorney General may bring a civil 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 chapter.
(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 chapter, other than section
6307a
(b),[1]
6307b,
6307c,
6307d,
6307e,
6307f, or
6307h of this title, 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
6307a
(b),[1]
6307b,
6307c,
6307d,
6307e,
6307f, or
6307h 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, and any member of the Association of
Boxing Commissions who knowingly violates section
6308
(a) of this title shall, upon conviction, be imprisoned for not
more than 1 year or fined not more than $20,000, or both.
Any boxer who knowingly violates any provision of this chapter
shall, upon conviction, be fined not more than $1,000.
(c)