[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 893
To establish the National Boxing Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16 (legislative day, May 15), 2001
Mr. Reid (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish the National Boxing Commission, and for other purposes.
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 ``National Boxing Commission Act of
2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Professional boxing is beset with wide-ranging problems
that are beyond the scope of the current system of State
regulation.
(2) The rules governing professional boxing and the
enforcement of those rules vary widely among States.
(3) Unlike other professional sports, professional boxing
is not successfully regulated by a private entity, and there is
no prospect for meaningful self-regulation.
(4) The problems facing professional boxing include the
exploitation of boxers, conflicts of interest, questionable
judging, and corruption.
(5) These problems endanger the health, safety, and welfare
of boxers and undermine the credibility of the sport with the
public.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a national commission to
prescribe and enforce uniform regulations for professional boxing in
order to protect the health and safety of boxers and to ensure fairness
in the sport.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``boxing match'' means a professional boxing
match, or any part of such a match, that is held within the
United States. The term does not include an amateur boxing
match.
(2) 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).
(3) 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.
(4) The term ``person'' has the meaning given the term in
section 1 of title 1, United States Code.
(5) The term ``promoter'' means any person licensed under
this Act--
(A) to hold, give, or otherwise conduct a boxing
match, program, or exhibition; or
(B) to broadcast a boxing match.
(6) The term ``sanctioning organization'' means any entity
that authorizes or sanctions a championship boxing match.
(7) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, American Samoa, and any other
territory or possession of the United States.
SEC. 5. NATIONAL BOXING COMMISSION.
(a) Establishment.--The National Boxing Commission is hereby
established as an independent establishment in the executive branch.
(b) Members.--
(1) Number and appointment.--The Commission consists of 5
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Chairman and vice chairman.--
(A) Chairman.--The President shall designate a
Chairman and Vice Chairman from among the members of
the Commission.
(B) Executive authority.--The Chairman shall be the
chief executive officer of the Commission and, subject
to such policies as the Commission may establish, shall
exercise the powers of the Commission with respect to--
(i) the appointment and supervision of
employees of the Commission;
(ii) the organization of any administrative
units established by the Commission; and
(iii) the use and expenditure of funds.
(C) Delegation of executive authority.--The
Chairman may delegate any of the authority under this
paragraph to any other member or to any appropriate
officer of the Commission.
(D) Duties of the vice chairman.--The Vice Chairman
shall act as Chairman in the event of the absence or
incapacity of the Chairman or in case of a vacancy in
the office of Chairman.
(3) Qualifications.--
(A) In general.--Each member of the Commission
shall be a citizen of the United States who, by reason
of the member's business, professional, or other
background, training, experience, or activities outside
the business of professional boxing and its related
activities, has a broad understanding of the
relationship between professional boxing, both as a
sport and as a business, and the public interest.
(B) Specific qualifications for certain members.--
At least one of the members of the Commission shall be
a physician or other health care professional duly
licensed as such. At least one member of the Commission
shall be a former member of a local boxing authority.
(C) Disinterested persons.--No member of the
Commission may, during service 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 or have any pecuniary
interest in the earnings of any boxer or the proceeds
or outcome of any boxing match.
(4) Bipartisan membership.--Not more than 3 members of the
Commission may be members of the same political party.
(5) Geographic balance.--Not more than 3 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.
(c) Terms.--
(1) Period.--Except as provided in paragraphs (2) and (3),
each member of the Commission shall be appointed for a term of
5 years. Members of the Commission may be reappointed.
(2) Exception for midterm vacancy.--A member appointed to
fill a vacancy 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.
(3) Continuation pending replacement.--A member may serve
after the expiration of that member's term until a successor
has taken office.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(e) Contingency Appointment Authority.--If the President submits to
the Senate a nomination for a membership on the Commission and the
Senate fails to act timely on the nomination (as determined by the
President), the President may designate any person otherwise qualified
under paragraphs (3), (4), and (5) of subsection (b) to serve as a
member of the Commission pending the action of the Senate on the
nomination. A person so designated may serve as a member of the
Commission for not more than one year pursuant to this subsection.
SEC. 6. PRIMARY FUNCTION.
The primary function of the National Boxing Commission is to
protect the health, safety, and general interests of boxers consistent
with the provisions of this Act.
SEC. 7. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
(a) Licensing.--
(1) Requirement for license.--No person may compete in a
boxing match or serve as a boxing judge, referee, or other
boxing match official except as provided in a license granted
to that person under this subsection or subsection (c). This
paragraph does not apply with respect to the performance of an
activity registered under subsection (b).
(2) Annual license.--
(A) In general.--The Commission shall issue a
license for the purposes of paragraph (1) to any person
who, as determined by the Commission, meets the
standards established by the Commission under this Act.
(B) Duration.--A license issued under this section
shall be for a renewable 1-year term.
(C) Procedure.--The National Boxing Commission may
issue a license under this paragraph through local
boxing authorities or in a manner determined by the
Commission.
(b) Registration of Promoters and Others.--
(1) In general.--No person may perform activities as a
boxing promoter, boxing matchmaker, sanctioning organization,
boxing manager, trainer, physician, or cut man, or other person
determined by the Commission as performing a professional role
in boxing unless the person is registered to do so under this
subsection.
(2) Issuance of registration certificate.--
(A) In general.--The Commission shall issue a
certificate of registration for the purposes of
paragraph (1) to any person that the Commission
determines to meet the standards established by the
Commission under this Act.
(B) Duration.--A certificate of registration issued
under this section shall expire three years after the
date of issuance.
(C) Procedure.--The Commission shall issue a
certificate of registration under this paragraph
through local boxing authorities or in a manner
determined by the Commission.
(c) Special Event License.--
(1) In general.--The Commission may issue a special event
license authorizing a person not licensed under subsection (a)
or registered under subsection (b) to participate in a major
boxing match as a boxer, boxing promoter, sanctioning
organization, boxing manager or other participant regulated
under this Act.
(2) Definition of major boxing event.--The Commission shall
prescribe in regulations the definition of the term ``major
boxing match'' for the purposes of this subsection.
(d) Licensing and Registration Fees.--
(1) Authority.--The Commission may prescribe and charge
fees for the licensing and registration of persons under this
Act. The Commission may set, charge, and adjust varying fees on
the basis of classifications of persons, functions, and events
determined appropriate by the Commission.
(2) Amounts.--The amounts of fees prescribed for a fiscal
year under this subsection shall be set at levels estimated,
when set, to yield collections in any total amount that does not exceed
10 percent of the total budget of the Commission for that fiscal year.
(3) Limitations.--In setting and charging fees under
paragraph (1), the Commission 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.
(4) Collection.--Fees established under this subsection may
be collected through local boxing authorities or by any other
means determined appropriate by the Commission. Fees paid by
boxing promoters may be derived from gross receipts from boxing
matches.
(5) Disposition.--Fees collected under this subsection
shall be deposited in the United States Treasury as
miscellaneous receipts.
SEC. 8. NATIONAL REGISTRY OF BOXING PERSONNEL.
(a) Requirement for Registry.--The National Boxing Commission shall
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 computer source may include the
following:
(1) Boxers.--A list of professional boxers and the
following information on each boxer:
(A) Medical record, including the results of a
baseline medical examination, which the Commission
shall--
(i) require as a condition for licensing
under section 7;
(ii) permanently retain in the registry;
and
(iii) secure from disclosure according to
standards that the Commission shall prescribe.
(B) The boxing matches in which the boxer has
participated including--
(i) the dates of the matches;
(ii) the outcome of each match, including
whether the match resulted in a knockout or
technical knockout or was ended upon the
decision, urging, or intervention of a medical
professional; and
(iii) the total numbers of matches won and
lost.
(C) Height and weight.
(D) Business associates.
(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 Commission as performing a professional activity for
boxing matches.
(b) Certification of Information.--The Commission shall certify for
any boxing match the information publicized on the participating boxers
regarding their medical history, biographical information, and numbers
of boxing matches won and lost. In issuing certifications, the
Commission shall make the relevant determinations on the basis of the
information maintained in the registry under subsection (a).
SEC. 9. ADDITIONAL FUNCTIONS AND PROHIBITIONS.
(a) Required Functions.--The National Boxing Commission shall
perform the following additional functions:
(1) Prescribe regulations for the sport of professional
boxing that ensure the safety of participants.
(2) Establish minimum standards and procedures for physical
and mental examinations to be given boxers.
(3) Establish minimum standards for the availability of
medical services at professional boxing matches.
(4) Encourage the establishment of a life, accident, and
health insurance fund for professional boxers and other members
of the professional boxing community.
(5) Establish minimum standards for the manufacture and use
of boxing equipment, and carry out research that the Commission
determines necessary for determining and establishing
appropriate and meaningful standards.
(6) Conduct discussions and enter into agreements with
foreign boxing entities on methods for applying minimum health
and safety standards to foreign boxing events and foreign
boxers, trainers, cut men, referees, judges, ringside
physicians, and other professional boxing personnel.
(7) Review local boxing authority regulations for
professional boxing and provide assistance to such authorities
in meeting minimum standards prescribed by the Commission under
this Act.
(8) Prescribe in regulations--
(A) standards for the making of contracts,
agreements, arrangements, and understandings relating
to professional boxing; and
(B) requirements for a copy of any contract for a
boxing match to be filed with the Commission or with a
local boxing authority at a time before the match and
in a manner determined appropriate by the Commission.
(9) Prescribe regulations and standards applicable to--
(A) the establishment of championship divisions and
the awarding of championship titles;
(B) the establishment of weight classes; and
(C) the awarding of rankings for boxers.
(10) Review the role of sanctioning organizations in
professional boxing and prescribe regulations relating to
sanctioning organizations and the sanctioning of boxing matches
consistent with this Act.
(11) Prescribe regulations prohibiting conflicts of
interest relating to boxing matches.
(b) Additional Authority.--The Commission may--
(1) 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;
(2) publish a newspaper, magazine, or other publication
consistent with the purposes of the Commission;
(3) 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
(4) take any other action that is necessary and proper to
accomplish the purpose of this Act consistent with the
provisions of this Act.
(c) Prohibitions.--The Commission 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 Commission by, States and Indian tribes that
do not comply with requirements of the Commission.
(d) Use of Name.--The Commission shall have the exclusive right to
use the name ``National 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 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)
(60 Stat. 427, chapter 540; 15 U.S.C. 1051 et seq.).
SEC. 10. CONSULTATION REQUIREMENTS.
The National Boxing Commission shall consult with local boxing
authorities--
(1) before prescribing any regulation or establishing any
standard under the provisions of this Act; and
(2) not less than once each year regarding matters relating
to professional boxing.
SEC. 11. MISCONDUCT.
(a) Suspension and Revocation of License or Registration.--
(1) Authority.--The National Boxing Commission may, after
notice and opportunity for a hearing, suspend or revoke any
license or registration issued under this Act if the Commission
finds that--
(A) the suspension or revocation is necessary for
the protection of health and safety or is otherwise in
the public interest; or
(B) there are reasonable grounds for belief that a
standard prescribed by the Commission under this Act 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 registration.
(2) Period of suspension.--
(A) In general.--A suspension of a license or
registration under this section shall be effective for
a period determined appropriate by the Commission, but
not less than 6 months, except as provided in
subparagraph (B).
(B) Suspension for medical reasons.--In the case of
a suspension of the license of a boxer for medical
reasons, the Commission may terminate the suspension at
any time that a physician certifies that the boxer is
fit to participate in a boxing match. The Commission
shall prescribe the standards and procedures for
accepting certifications under this subparagraph.
(b) Prohibitory Orders.--
(1) Authority and grounds.--The Commission may, after
notice and opportunity for hearing, prohibit the conduct of any
proposed boxing match if the Commission finds that it is in the
public interest to do so and--
(A) a contract, arrangement, or agreement with
respect to the match does not comply with a regulation
of the Commission;
(B) the match, or any participant in the match, is
not licensed or registered under this Act;
(C) there are reasonable grounds for belief that
the conduct or outcome of the match may be affected by
bribery, collusion, intentional losing, racketeering,
extortion, or the use of unlawful threats, coercion,
intimidation or violence;
(D) there is an undue risk that the health and
safety of a participant will be adversely affected by
participation in the match; or
(E) the conduct of the match, or the involvement of
any participant in the match, otherwise violates this
Act or any regulation prescribed under this Act.
(2) Summary orders of prohibition.--
(A) Authority.--At or after the time that notice of
any proceeding under paragraph (1) is sent or ordered
by the Commission to be published regarding a boxing
match, regardless of whether or not any person to be
affected by the proceeding has received the notice, the
Commission may, by order and without notice or hearing,
summarily prohibit the holding of the boxing match
pending final disposition of the proceeding by the
Commission, or for any shorter period that the
Commission considers appropriate.
(B) Conditions for issuance.--The Commission shall
issue a summary order if, in its judgment, the summary
order--
(i) is necessary for the protection of the
health and safety of a boxer or is otherwise in
the public interest; and
(ii) is necessary to carry out the purpose
of this Act.
(C) Protection from liability before notice.--A
person may not be held liable for damages for a loss or
injury resulting from the issuance of a summary order
under this paragraph to the extent that the loss or
injury is incurred before the person has actual notice
the order.
(c) Investigations and Injunctions.--
(1) Authority.--The Commission 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
Commission 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 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, memorandums, or
other records which the Commission 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 or any State 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
Commission may file an action in any 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.
(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.
(D) Criminal offense.--Any person who, without just
cause, fails or refuses to attend and testify or to
answer any lawful inquiry or to produce books, papers,
correspondence, memorandums, and other records, if in
the power of such person so to do, in obedience to the
subpoena of the Commission, shall be guilty of a
misdemeanor and, shall be subject to a fine of not more
than $1,000, to imprisonment for a term of not more
than one year, or both.
(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 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.
(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 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 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.
(6) Mandamus.--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.
(d) Intervention in Civil Actions.--
(1) In general.--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 United States
district court.
(2) Amicus filing.--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.
(e) Hearings by Commission.--Hearings conducted by the Commission
under this Act may be public and may be held before any officer of the
Commission. The Commission shall keep appropriate records of the
hearings.
SEC. 12. SUBMISSION AND APPROVAL OF LOCAL BOXING PLAN TO COMMISSION.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, an agency, that regulates professional boxing
for a State or Indian tribe shall submit to the National Boxing
Commission a local boxing plan that meets the requirements of
subsection (b).
(b) Local Boxing Plan Requirements.--The local boxing plan
submitted for an agency of a State or an Indian tribe under subsection
(a)--
(1) shall establish or provide for the agency to regulate
professional boxing in the State or on Indian lands,
respectively, in compliance with the minimum standards
established by the Commission; and
(2) may establish a registration procedure, consistent with
the provisions of section 7, by which the agency requires that
each individual and organization involved in professional
boxing in the State or on Indian lands, respectively--
(A) be registered with the agency in accordance
with the minimum Federal boxing standards; and
(B) pay a registration fee to the Commission in an
amount determined by the Commission pursuant to section
7(d).
(c) Approval and Disapproval of Local Boxing Plan.--Not later than
60 days after the date on which an agency submits a local boxing plan
under this section, the Commission shall--
(1) approve the plan if the plan meets the requirements of
subsection (b); or
(2) disapprove the plan and notify the agency of the
reasons for the disapproval.
(d) Withdrawal of Approval.--The Commission shall withdraw its
approval of any local boxing plan if the Commission determines that the
plan, or the administration of the plan, no longer meets the
requirements of subsection (b).
(e) Prohibition of Certain Professional Boxing Matches.--Beginning
three years after the date of the enactment of this Act, no boxing
match may be held in a State or on Indian lands where--
(1) there is not in effect a local boxing plan approved by
the Commission under subsection (c), whether by reason of a
failure to comply with the submittal requirement under
subsection (a) or a disapproval or withdrawal of approval by
the Commission; or
(2) there is in effect a local boxing plan approved by the
Commission under subsection (c), if the Commission determines
that there are reasonable grounds for belief that the boxing
standards established by the Commission under this Act are not
being met in connection with boxing matches.
SEC. 13. 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 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 minimum standards or requirements promulgated by the
National Boxing Commission under this Act.
SEC. 14. INFORMATION FROM OTHER AGENCIES.
(a) Authority.--Notwithstanding section 552a of title 5, United
States Code, or any other provision of law, the National Boxing
Commission may obtain directly from any executive department, agency,
bureau, board, commission, office, independent establishment, or
instrumentality any information, suggestions, estimates, and statistics
that assist the Commission in carrying out the purposes of this Act.
Each department, agency, bureau, board, commission, office, independent
establishment, or instrumentality shall furnish to the Commission any
information, suggestions, estimates, and statistics requested by the
Commission.
(b) Obligation To Secure Confidential Information.--Any
information, including suggestions, estimates, and statistics, secured
by the Commission that, but for subsection (a), could not be secured by
the Commission by reason of section 552a of title 5, United States
Code, or any other provision of law shall be treated by the Commission
as confidential information.
(c) Disclosure of Confidential Information.--
(1) Prohibition.--Except as provided in paragraph (2) or
(3), no officer or employee of the Commission may disclose to
any person other than an officer or employee of the Commission
any information referred to in subsection (b). Nothing in this
subsection shall be construed to authorize the Commission to
withhold information from Congress.
(2) Consented disclosures.--Information referred to in
subsection (b) may be disclosed pursuant to the prior written
consent of the person with respect to whom the information is
maintained, but only to the extent, under circumstances, and
for purposes that may be allowed under regulations that the
Commission shall prescribe.
(3) Court-ordered disclosures.--
(A) Disclosure.--Whether or not the person, with
respect to whom any information referred to in
subsection (b) is maintained, gives consent, the
information may be disclosed if disclosure is ordered
by a court of competent jurisdiction.
(B) Criteria for court ordered disclosure.--In
assessing whether to order disclosure, the court shall
weigh the public interest and the need for disclosure
against any prejudice to the person together with the
effective administration and enforcement of the
provisions of this Act.
(C) Safeguards.--In fashioning its disclosure
order, with respect to a particular record or set of
records, a court shall segregate, if possible,
information that must be disclosed from information
that may not be disclosed, and the court shall impose
in its order appropriate safeguards against
unauthorized disclosure of any segregated information.
(d) Civil Penalties.--
(1) Authority.--Whoever violates any provision of this
section may be assessed a civil penalty of not more than $1,000
for each violation. The penalty shall be assessed by a court in
a civil action brought by the Attorney General of the United
States.
(2) Referrals to attorney general.--The Commission shall
refer to the Attorney General the name of any person it has
reasonable cause to believe has violated any provision of this
section.
SEC. 15. OTHER ASSISTANCE FROM OTHER AGENCIES.
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.
SEC. 16. AUDIT AND REPORTS.
(a) Audit.--The Comptroller General shall conduct an annual audit
of the finances of the Commission, to be completed in time for
inclusion in the report required by subsection (b).
(b) Annual Report.--The Commission shall submit a report on the
National Boxing Commission to Congress each year. The annual report
shall include the following:
(1) A detailed discussion of the activities of the
Commission for the year covered by the report.
(2) A description of the local boxing authority of each
State and Indian tribe.
(3) The results of the audit performed under subsection (a)
for the year covered by the report.
(c) Public Report.--The Commission shall annually 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 and commenting on issues of continuing concern to the
Commission.
SEC. 17. INFORMAL RULEMAKING.
To the maximum extent that the Commission determines practicable,
the Commission shall prescribe regulations in accordance with the
procedures provided under section 553 of title 5, United States Code.
SEC. 18. INITIAL IMPLEMENTATION.
(a) Members.--
(1) Initial terms.--Notwithstanding section 5(c), of the
members first appointed to the National Boxing Commission--
(A) one member shall be appointed for a term of one
year;
(B) one member shall be appointed for a term of 2
years;
(C) one member shall be appointed for a term of 3
years; and
(D) one member shall be appointed for a term of 4
years.
(2) Time for appointments.--The appointments of the initial
members of the Commission shall be made not later than 60 days
after the effective date of this Act.
(b) Initial Meeting.--The initial meeting of the Commission shall
be held not later than 90 days after the effective date of this Act.
(c) Persons Licensed by States and Indian Tribes as of Effective
Date.--
(1) Temporary exemption.--The requirements for licensing or
registration under section 7 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 boxing match, if the person is licensed by a
State or Indian tribe to perform that activity as of the
effective date of this Act.
(2) Expiration.--The exemption under paragraph (1) with
respect to a license issued by a State or Indian tribe expires
on the earlier of--
(A) the date on which the license expires; or
(B) the date that is two years after the date of
the enactment of this Act.
(d) First Annual Report on the Commission.--The first annual report
under section 16(b) shall be submitted not later than one year after
the effective date of this Act.
SEC. 19. SPECIAL REPORT.
Not later than one year after the effective date of this Act, the
National Boxing Commission shall submit to Congress a report on the
feasibility of establishing a pension system for professional boxing
participants.
SEC. 20. EXECUTIVE LEVEL PAY RATE FOR COMMISSIONERS.
Section 5316 of title 5, United States Code, is amended by adding
at the end the following:
``Commissioner, National Boxing Commission (3).''.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the National Boxing
Commission for each fiscal year such sums as may be necessary for the
Commission to perform its functions for that fiscal year.
SEC. 22. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect one
year after the date of the enactment of this Act.
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