[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5272 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5272

To establish the United States Boxing Commission to protect the general 
 welfare of boxers and to ensure fairness in the sport of professional 
                                boxing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

   Mr. Stearns (for himself, Mr. Osborne, and Mr. King of New York) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Education and 
   the Workforce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish the United States Boxing Commission to protect the general 
 welfare of boxers and to ensure fairness in the sport of professional 
                                boxing.

    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 ``United States Boxing Commission 
Act''.

SEC. 2. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.

    (a) In General.--The United States Boxing Commission is established 
as a commission within the Department of Commerce.
    (b) Members.--
            (1) In general.--The Commission shall consist of 3 members 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Qualifications.--No member of the Commission may, while 
        serving as a member of the Commission--
                    (A) 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;
                    (B) have any pecuniary interest in the earnings of 
                any boxer or the proceeds or outcome of any boxing 
                match; or
                    (C) serve as a member of a boxing commission.
            (3) Bipartisan membership.--Not more than 2 members of the 
        Commission may be members of the same political party.
            (4) Geographic balance.--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.
            (5) Terms.--
                    (A) In general.--The term of a member of the 
                Commission shall be 3 years. No member of the 
                Commission shall serve more than 2 terms.
                    (B) Midterm vacancies.--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.
                    (C) Continuation pending replacement.--A member of 
                the Commission may serve after the expiration of that 
                member's term until a successor has taken office.
            (6) Removal.--A member of the Commission may be removed by 
        the President only for cause.
    (c) Executive Director.--
            (1) In general.--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.
            (2) Discharge of functions.--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.
    (d) General Counsel.--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.
    (e) Staff.--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.
    (f) Meetings.--The Commission shall hold its first meeting no later 
than 30 days after all members shall have been appointed.
    (g) Compensation.--
            (1) Members of commission.--
                    (A) In general.--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.
                    (B) Travel expenses.--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.
            (2) Executive director and staff.--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.

SEC. 3. FUNCTIONS.

    (a) Primary Functions.--The primary functions of the Commission 
are--
            (1) to protect the general interests of boxers consistent 
        with the provisions of this Act; and
            (2) to ensure uniformity, fairness, and integrity in 
        professional boxing.
    (b) Specific Functions.--The Commission shall--
            (1) promulgate uniform standards for professional boxing in 
        consultation with the Association of Boxing Commissions;
            (2) except as otherwise determined by the Commission, 
        oversee all professional boxing matches in the United States;
            (3) work with the boxing commissions of the several States 
        and tribal organizations to improve the status and standards of 
        professional boxing in the United States;
            (4) 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;
            (5) review State boxing commission regulations for 
        professional boxing and provide assistance to such authorities 
        in meeting minimum standards prescribed by the Commission under 
        this Act;
            (6) if the Commission determines appropriate, publish a 
        newspaper, magazine, or other publication and establish and 
        maintain an Internet website consistent with the provisions of 
        this Act; and
            (7) 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 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, boxing commissions that do 
        not comply with requirements of the Commission.

SEC. 4. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

    (a) Licensing.--
            (1) Requirement for license.--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.
            (2) Application and term.--
                    (A) In general.--The Commission shall--
                            (i) establish application procedures, 
                        forms, and fees;
                            (ii) establish and publish appropriate 
                        standards for licenses granted under this 
                        section; and
                            (iii) issue a license 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--
                            (i) 4-year term for a boxer; and
                            (ii) 2-year term for any other person.
                    (C) Procedure.--The Commission may issue a license 
                under this paragraph through boxing commissions or in a 
                manner determined by the Commission.
    (b) Licensing Fees.--
            (1) Authority.--The Commission may prescribe and charge 
        reasonable fees for the licensing 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) 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 
                comparatively the largest portion of the fees; and
                    (C) boxers pay as small a portion of the fees as is 
                possible.
            (3) Collection.--Fees established under this subsection may 
        be collected through boxing commissions or by any other means 
        determined appropriate by the Commission.

SEC. 5. NATIONAL REGISTRY OF BOXING PERSONNEL.

    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 such information 
as the Commission shall prescribe by rule related to the performance of 
its duties.

SEC. 6. CONSULTATION REQUIREMENTS.

    The Commission shall consult with the Association of Boxing 
Commissions--
            (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. 7. MISCONDUCT.

    (a) Suspension and Revocation of License or Registration.--
            (1) Authority.--The Commission may, after notice and 
        opportunity for a hearing, suspend or revoke any license issued 
        under this Act if the Commission finds that--
                    (A) the license holder has violated any provision 
                of this Act;
                    (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
                    (C) the suspension or revocation in the public 
                interest.
            (2) Period of suspension.--A suspension of a license under 
        this section shall be effective for a period determined 
        appropriate by the Commission.
            (3) Period of revocation.--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.
    (b) 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--
                            (i) 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
                            (ii) the provisions of sections 6002 and 
                        6004 of title 18, United States Code, shall 
                        apply.
                    (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, including Indian land, 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 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.
                    (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.
            (4) Evidence of criminal misconduct.--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.
            (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.
    (c) 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 district court of 
        the United States.
            (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.
    (d) Hearings by Commission.--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.

SEC. 8. NONINTERFERENCE WITH BOXING COMMISSIONS.

    (a) Noninterference.--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.
    (b) Minimum Standards.--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.

SEC. 9. 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. 10. STUDY.

    (a) Study.--The Commission shall conduct a study on the health and 
safety aspects of boxing, including an examination of--
            (1) the risks or serious injury and the nature of potential 
        injuries;
            (2) the long term effect of boxing on the health of boxers; 
        and
            (3) the effectiveness of safety standards and regulations.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall submit a report on the study required by 
this section to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives, including recommendations to improve the health and 
safety aspects of boxing.

SEC. 11. REPORTS.

    (a) Annual Report.--Not later than 2 years after the date of 
enactment of this Act, and each year thereafter, the Commission shall 
submit a report on its activities to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives. The annual report shall 
include--
            (1) a detailed discussion of the activities of the 
        Commission for the year covered by the report; and
            (2) an overview of the licensing and enforcement activities 
        of the State and tribal organization boxing commissions.
    (b) 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, which shall include comments on issues of continuing concern to 
the Commission.

SEC. 12. INITIAL IMPLEMENTATION.

    (a) Temporary Exemption.--The requirements for licensing under this 
Act 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 Act.
    (b) Expiration.--The exemption under subsection (a) with respect to 
a license issued by a boxing commission expires on the earlier of--
            (1) the date on which the license expires; or
            (2) the date that is 2 years after the date of the 
        enactment of this Act.

SEC. 13. SUNSET PROVISION.

    This Act shall cease to have effect 6 years after the date of 
enactment of this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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.
    (b) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any fee collected under 
this Act--
            (1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        fee is imposed;
            (2) shall be available for expenditure only to pay the 
        costs of activities and services for which the fee is imposed; 
        and
            (3) shall remain available until expended.
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