Sec. 21. Establishment of United States Boxing Commission
3,500 words·~16 min read·
/bill/113/hr/5395/ih/section-21A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Act is amended by adding at the end the following: 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. The United States Boxing Commission is established as a commission within the Department of Commerce. The Commission shall consist of 3 members appointed by the President, by and with the advice and consent of the Senate. Each member of the Commission shall be a citizen of the United States who— has extensive experience in professional boxing activities or in a field directly related to professional sports; is of outstanding character and recognized integrity; and is selected on the basis of training, experience, and qualifications and without regard to political party affiliation.
At least 1 member of the Commission shall be a former member of a local boxing authority. If practicable, at least 1 member of the Commission shall be a physician or other health care professional duly licensed as such. No member of the Commission may, while serving as a member of the Commission— be engaged as a professional boxer, boxing promoter, agent, fight manager, matchmaker, referee, judge, or in any other capacity in the conduct of the business of professional boxing; have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match; or serve as a member of a boxing commission.
Not more than 2 members of the Commission may be members of the same political party. Not more than 2 members of the Commission may be residents of the same geographic region of the United States when appointed to the Commission. For purposes of the preceding sentence, the area of the United States east of the Mississippi River is a geographic region, and the area of the United States west of the Mississippi River is a geographic region. The term of a member of the Commission shall be 3 years.
Members of the Commission may be reappointed to the Commission. A member of the Commission appointed to fill a vacancy in the Commission occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that unexpired term. A member of the Commission may serve after the expiration of that member's term until a successor has taken office. A member of the Commission may be removed by the President only for cause.
The Commission shall employ an Executive Director to perform the administrative functions of the Commission under this Act, and such other functions and duties of the Commission as the Commission shall specify. Subject to the authority, direction, and control of the Commission the Executive Director shall carry out the functions and duties of the Commission under this Act. The Commission shall employ a General Counsel to provide legal counsel and advice to the Executive Director and the Commission in the performance of its functions under this Act, and to carry out such other functions and duties as the Commission shall specify.
The Commission shall employ such additional staff as the Commission considers appropriate to assist the Executive Director and the General Counsel in carrying out the functions and duties of the Commission under this Act. Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.
The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The Commission shall fix the compensation of the Executive Director, the General Counsel, and other personnel of the Commission. The rate of pay for the Executive Director, the General Counsel, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
The primary functions of the Commission are— to protect the health, safety, and general interests of boxers consistent with the provisions of this Act; and to ensure uniformity, fairness, and integrity in professional boxing. The Commission shall— administer title I of this Act; promulgate uniform standards for professional boxing in consultation with the Association of Boxing Commissions; except as otherwise determined by the Commission, oversee all professional boxing matches in the United States; work with the boxing commissions of the several States and tribal organizations— to improve the safety, integrity, and professionalism of professional boxing in the United States; to enhance physical, medical, financial, and other safeguards established for the protection of professional boxers; and to improve the status and standards of professional boxing in the United States; ensure, in cooperation with the Attorney General (who shall represent the Commission in any judicial proceeding under this Act), the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government, that Federal and State laws applicable to professional boxing matches in the United States are vigorously, effectively, and fairly enforced; review boxing commission regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this title; 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; if the Commission determines it to be appropriate, publish a newspaper, magazine, or other publication and establish and maintain a website consistent with the purposes of the Commission; procure the temporary and intermittent services of experts and consultants to the extent authorized by section 3109(b) of title 5, United States Code, at rates the Commission determines to be reasonable; and 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.
The Commission may not— promote boxing events or rank professional boxers; or provide technical assistance to, or authorize the use of the name of the Commission by, boxing commissions that do not comply with requirements of the Commission. The Commission shall have the exclusive right to use the name United States Boxing Commission . Any person who, without the permission of the Commission, uses that name or any other exclusive name, trademark, emblem, symbol, or insignia of the Commission for the purpose of inducing the sale or exchange of any goods or services, or to promote any exhibition, performance, or sporting event, shall be subject to suit in a civil action by the Commission for the remedies provided in the Act of July 5, 1946 (commonly known as the Trademark Act of 1946 ; 15 U.S.C. 1051 et seq. ).
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. The Commission shall— establish application procedures, forms, and fees; establish and publish appropriate standards for licenses granted under this section; and issue a license to any person who, as determined by the Commission, meets the standards established by the Commission under this title.
A license issued under this section shall be for a renewable— 4-year term for a boxer; and 2-year term for any other person. The Commission may issue a license under this paragraph through boxing commissions or in a manner determined by the Commission. The Commission may prescribe and charge reasonable fees for the licensing of persons under this title. The Commission may set, charge, and adjust varying fees on the basis of classifications of persons, functions, and events determined appropriate by the Commission.
In setting and charging fees under paragraph (1), the Commission shall ensure that, to the maximum extent practicable— club boxing is not adversely affected; sanctioning organizations and promoters pay comparatively the largest portion of the fees; and boxers pay as small a portion of the fees as is possible. Fees established under this subsection may be collected through boxing commissions or by any other means determined appropriate by the Commission. The Commission shall establish and maintain (or authorize a third party to establish and maintain) a unified national computerized registry for the collection, storage, and retrieval of information related to the performance of its duties.
The information in the registry shall include the following: A list of professional boxers and data in the medical registry established under section 114 of this Act, which the Commission shall secure from disclosure in accordance with the confidentiality requirements of section 114(c). Information (pertinent to the sport of professional boxing) on boxing promoters, boxing matchmakers, boxing managers, trainers, cut men, referees, boxing judges, physicians, and any other personnel determined by the Commission as performing a professional activity for professional boxing matches.
The Commission shall consult with the Association of Boxing Commissions— before prescribing any regulation or establishing any standard under the provisions of this title; and not less than once each year regarding matters relating to professional boxing. The Commission may, after notice and opportunity for a hearing, suspend or revoke any license issued under this title if the Commission finds that— the license holder has violated any provision of this Act; there are reasonable grounds for belief that a standard prescribed by the Commission under this title is not being met, or that bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; or the suspension or revocation is necessary for the protection of health and safety or is otherwise in the public interest.
A suspension of a license under this section shall be effective for a period determined appropriate by the Commission except as provided in subparagraph (B). In the case of a suspension or denial of the license of a boxer for medical reasons by the Commission, the Commission may terminate the suspension or denial at any time that a physician certifies that the boxer is fit to participate in a professional boxing match. The Commission shall prescribe the standards and procedures for accepting certifications under this subparagraph.
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. The Commission may— 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; require or permit any person to file with it a statement in writing, under oath or otherwise as the Commission shall determine, as to all the facts and circumstances concerning the matter to be investigated; in its discretion, publish information concerning any violations; and 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.
For the purpose of any investigation under paragraph
(1)or any other proceeding under this title— any officer designated by the Commission may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records the Commission considers relevant or material to the inquiry; and the provisions of sections 6002 and 6004 of title 18, United States Code, shall apply. 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. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may file an action in any district court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Commission to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question. Any failure to obey an order issued by a court under subparagraph
(A)may be punished as contempt of that court. 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. No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Commission, in obedience to the subpoena of the Commission, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture. 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. If the Commission determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this Act, or of any regulation prescribed under this Act, the Commission may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order. Upon application of the Commission, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any order of the Commission. The Commission, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a district court of the United States. The Commission may file a brief in any action filed in a court of the United States on behalf of the public interest in any case relating to professional boxing. Hearings conducted by the Commission under this Act shall be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings. Nothing in this Act prohibits any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this Act. Nothing in this Act prohibits any boxing commission from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Commission under this Act. Any employee of any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality may be detailed to the Commission, upon the request of the Commission, on a reimbursable or nonreimbursable basis, with the consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the compensation provided pursuant to law for the employee's regular position of employment and shall retain, without interruption, the rights and privileges of that employment. Not less frequently than once each year, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on its activities. The annual report shall include— a detailed discussion of the activities of the Commission for the year covered by the report; and an overview of the licensing and enforcement activities of the State and tribal organization boxing commissions. Not less frequently than once each year, the Commission shall issue and publicize a report of the Commission on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing, which shall include comments on issues of continuing concern to the Commission. The first annual report under this title shall be submitted not later than 2 years after the effective date of this title. 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. The exemption under subsection
(a)with respect to a license issued by a boxing commission expires on the earlier of— the date on which the license expires; or the date that is 2 years after the date of the enactment of the Professional Boxing Amendments Act of 2013 . There are authorized to be appropriated for the Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year. Notwithstanding section 3302 of title 31, United States Code, any fee collected under this title— shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed; shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and shall remain available until expended. . The Act is further amended— by amending section 1 to read as follows: This Act may be cited as the . Professional Boxing Safety Act The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Professional boxing safety Sec. 101. Purposes. Sec. 102. Approval or sanction requirement. Sec. 103. Safety standards. Sec. 104. Registration. Sec. 105. Review. Sec. 106. Reporting. Sec. 107. Contract requirements. Sec. 108. Protection from coercive contracts. Sec. 109. Sanctioning organizations. Sec. 110. Required disclosures to State boxing commissions by sanctioning organizations. Sec. 111. Required disclosures by promoters and broadcasters. Sec. 112. Medical registry. Sec. 113. Confidentiality. Sec. 114. Judges and referees. Sec. 115. Conflicts of interest. Sec. 116. Enforcement. Sec. 117. Professional boxing matches conducted on Indian lands. Sec. 118. Relationship with State or Tribal law. Title II—United States Boxing Commission Sec. 201. Purpose. Sec. 202. United States Boxing Commission. Sec. 203. Functions. Sec. 204. Licensing and registration of boxing personnel. Sec. 205. National registry of boxing personnel. Sec. 206. Consultation requirements. Sec. 207. Misconduct. Sec. 208. Noninterference with boxing commissions. Sec. 209. Assistance from other agencies. Sec. 210. Reports. Sec. 211. Initial implementation. Sec. 212. Authorization of appropriations. ; and by inserting before section 3 the following: ; by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 through 118, respectively; in section 113, as redesignated— by striking subsection
(a)and inserting the following: Except to the extent required in a legal, administrative, or judicial proceeding, a boxing commission, an Attorney General, or the Commission may not disclose to the public any matter furnished by a promoter under section 111. ; in subsection (b), by striking section 13 and inserting section 111 ; in section 116, as redesignated— in subsection (b)— in paragraph (1), by striking 9(b), 10, 11, 12, 13, 14, or 16, and inserting 107, 108, 109, 110, 111, or 114, ; in paragraph (2), by striking 9(b), 10, 11, 12, 13, 14, or 16 and inserting 107, 108, 109, 110, 111, or 114 ; and in paragraph (3), by striking section 17(a) and inserting section 115(a) ; and in subsection (e)(3), by striking section 10 and inserting section 108 ; and in sections 101 through 120, as redesignated, by striking of this Act each place it appears and inserting of this title . Section 5315 of title 5, United States Code, is amended by adding at the end the following: Members of the United States Boxing Commission. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 21
Establishment of United States Boxing Commission
Cites 1Cited by 0 across 0 sources